(a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.
§ 683.170.Vacating Renewal
Title 9. Enforcement of Judgments · Division 1 · Chapter 3. Period for Enforcement and Renewal of Judgments · Article 2. Renewal of Judgments · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 683.170 lets a judgment debtor move, within 60 days of service of the notice of renewal, to vacate the renewal on any ground that would defend against an action on the judgment, including an incorrect renewed amount, and requires vacatur if the renewal application was filed too soon after a prior renewal.
Full Text of § 683.170
(b) Not later than 60 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.
(c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount.
Plain-English Summary
Renewal isn't the last word if the debtor has a real objection. Subdivision (b) gives the debtor 60 days after service of the § 683.160 notice to bring a noticed motion asking the court to vacate the renewal, serving that motion on the creditor personally or by mail.
Subdivision (a) defines the available grounds broadly: anything that would be a defense to an action on the judgment, including a claim that the renewed amount was calculated incorrectly. One ground is mandatory rather than discretionary — if the renewal application was filed within five years of the prior renewal, in violation of § 683.110(b), the court must vacate it.
Subdivision (c) gives the court room to fix rather than just undo: at the hearing, it can vacate the renewal on any of these grounds and enter a different renewal instead, including one in a different amount, if that's what the evidence supports.
Frequently Asked Questions
How long does a debtor have to move to vacate a renewal?
Not later than 60 days after service of the notice of renewal required by § 683.160.
What grounds can a debtor raise to vacate a renewal?
Any ground that would be a defense to an action on the judgment, including that the renewed amount as entered is incorrect.
Is vacating the renewal ever mandatory?
Yes. If the renewal application was filed within five years of the prior renewal, the court must vacate it.
Can the court just correct the renewed amount instead of throwing out the renewal entirely?
Yes. Section 683.170(c) lets the court enter a different renewal, including a different amount, once it vacates the original one.
Amendment History
Amended by Stats 2022 ch 883 (SB 1200),s 5, eff. 1/1/2023. Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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: motion to vacate renewal of judgment californiachallenging judgment renewal california