(a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant.
§ 116.740.Defendant’s motion to vacate; Grounds
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Last amended 1991 · Last verified July 28, 2026
In one sentenceSection 116.740 lets a defendant who was not properly served and did not appear at the hearing file a motion to vacate the judgment within 180 days after discovering, or reasonably should have discovered, that judgment was entered, with enforcement subject to suspension pending that motion.
Full Text of § 116.740
(b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment.
(c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence.
Plain-English Summary
Section 116.740(a) covers a defendant in a different position than § 116.730 addresses: one who was not properly served under § 116.330 or § 116.340 in the first place, and therefore did not appear because they may not have known the case existed. That defendant gets a much longer window — 180 days after discovering, or after they reasonably should have discovered, that judgment was entered — rather than the ordinary 30-day deadline, and must support the motion with a declaration.
Subdivision (b) lets the court suspend enforcement of the judgment while the motion is pending, so a defendant is not left to fight collection efforts while contesting the judgment’s validity. Subdivision (c) applies the same good-cause standard as other motions to vacate, hearing the matter in the plaintiff’s absence if the plaintiff does not appear, and subdivision (d) folds in the rescheduling, appeal-of-denial, and superior court remedies from § 116.730(d), (e), and (f).
Frequently Asked Questions
I never got served with a small claims lawsuit — can I still challenge the judgment?
Can enforcement of the judgment be paused while I bring this motion?
Yes. Section 116.740(b) allows the court to suspend enforcement of the judgment pending a hearing and determination of the motion.
What procedures apply once I file this kind of motion to vacate?
Section 116.740(d) applies the same rescheduling, appeal-of-denial, and superior court remedy provisions found in § 116.730(d) through (f).
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 22 (SB 771).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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