§ 116.745.Fee for filing of motion to vacate

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Last amended 2006 · Last verified July 28, 2026

In one sentenceSection 116.745 requires the clerk to collect a $20 fee for filing a motion to vacate a small claims judgment.

Full Text of § 116.745

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The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.

Plain-English Summary

Section 116.745 is a short fee provision: the clerk collects $20 for filing a motion to vacate, whether that motion is filed by a non-appearing plaintiff under § 116.720 or a non-appearing defendant under § 116.730 or § 116.740.

Frequently Asked Questions

How much does it cost to file a motion to vacate a small claims judgment?

Section 116.745 sets the fee at $20.

Does this fee apply whether I’m the plaintiff or defendant filing the motion?

Section 116.745 sets one flat $20 fee for filing a motion to vacate, without distinguishing between a plaintiff’s motion under § 116.720 and a defendant’s motion under §§ 116.730 or 116.740.

Amendment History

Added Stats 1995 ch 576 § 1.5 (AB 1225). Amended Stats 2005 ch 75 § 22 (AB 145), effective July 19, 2005, operative January 1, 2006.

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

Also known as: cost to file motion to vacate small claims california$20 motion to vacate fee