(a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.
§ 1710.40.Vacation of Judgment
Title 11. Money Judgments of Other Jurisdictions · Chapter 1. Sister State Money Judgments · Last amended 1977 · Last verified July 29, 2026
In one sentenceSection 1710.40 lets a judgment debtor move to vacate a registered judgment on any ground that would defeat an action on the sister state judgment, within 30 days after service of notice, with the court able to enter a different judgment and skip written findings for amounts of $1,000 or less.
Full Text of § 1710.40
(b) Not later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2, the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.
(c) Upon the hearing of the motion to vacate the judgment under this section, the judgment may be vacated upon any ground provided in subdivision (a) and another and different judgment entered, including, but not limited to, another and different judgment for the judgment creditor if the decision of the court is that the judgment creditor is entitled to such different judgment. The decision of the court on the motion to vacate the judgment shall be given and filed with the clerk of court in the manner provided in Sections 632, 634, and 635, except that the court is not required to make any written findings and conclusions if the amount of the judgment as entered under Section 1710.25 does not exceed one thousand dollars ($1,000).
Plain-English Summary
Registration is fast, but this section gives the debtor a real chance to push back. The judgment can be vacated on any ground that would be a valid defense if the creditor had instead filed an ordinary California lawsuit on the sister state judgment, including a claim that the interest figure the creditor used was calculated incorrectly. That standard ties the debtor's available defenses to whatever defenses would apply in ordinary litigation, rather than creating a narrower, registration-specific list.
The debtor has 30 days after service of the notice of entry, once proof of that service has been made, to bring the motion on written notice to the creditor. At the hearing, the court is not limited to vacating and walking away; it can enter a different judgment instead, including one still in the creditor's favor if the evidence supports a different amount. The court's decision must be entered the same way other judicial decisions are, except that written findings and conclusions are not required when the registered judgment does not exceed $1,000, sparing the parties that formality in the smallest cases.
Frequently Asked Questions
On what grounds can a judgment debtor get a registered judgment vacated?
Any ground that would be a defense to an ordinary California lawsuit on the sister state judgment, including a claim that the accrued interest was miscalculated.
How long does the debtor have to file a motion to vacate?
30 days after service of the notice of entry of judgment, once proof of that service has been made.
Can the court do anything besides throwing out the judgment outright?
Yes. The court can enter a different judgment instead, including a different judgment still in the creditor's favor if that is what the evidence supports.
Does the court have to write formal findings when it rules on the motion?
Not if the registered judgment is $1,000 or less; written findings and conclusions are not required in that situation.
Amendment History
Amended by Stats. 1977, Ch. 232.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: motion to vacate sister state judgment californiadefenses to registered out of state judgment