California Small Claims Default Judgment: When Your Defendant Doesn't Show Up

Updated May 2026

Roughly 30 to 40% of California small claims defendants don't show up to their hearing. If yours doesn't, you would think you automatically win. California has rules. They're simpler than full civil court but they aren't automatic. This guide covers what a default judgment is, what you have to do to get one, what the defendant can do afterward to undo it, and how to collect once the dust settles.

What is a Default Judgment?

A default judgment is a court order awarding you the money you sued for, and it's entered when the defendant fails to appear at the hearing. In California small claims, the defendant doesn't have to file a written answer to your claim before the hearing. They just have to show up. If they don't show up, and you've done your part correctly, the judge can rule in your favor without hearing the other side.

The key word is "can." A default isn't automatic. The court will only enter one if:

The three conditions for a California default judgment

• The defendant was properly served (the court has the SC-104 Proof of Service on file).
• The defendant didn't appear at the hearing.
• You appeared and proved your damages with evidence.

If any of those three conditions is missing, the judge will continue the case rather than enter a default. Common reasons defaults get denied: the proof of service was filed late, the dollar amount you're claiming wasn't supported by evidence, or you didn't personally appear (sending a friend doesn't count in small claims).

How a Default Judgment Gets Entered

You file the SC-100. You arrange service. The proof of service (SC-104) gets filed with the court at least 5 days before the hearing. The hearing date arrives, you show up, but the defendant doesn't.

The clerk calls the case. The judge looks at the proof of service in the file. If service has been done properly, the judge will ask you to present your case as if the defendant were there. You walk through your story in 2 minutes. You hand up your evidence. The judge asks any clarifying questions, then rules from the bench.

If the judge grants the default, you win the amount you proved (which may be less than you asked for if your evidence doesn't support the full claim). The clerk will mail you a Notice of Entry of Judgment, called the SC-130, within a few days.

The judgment is conditional for 30 days. During that window, the defendant can file a motion to set it aside. After 30 days with no motion, the judgment becomes enforceable, and you can start collection.

What to Bring (Yes, You Still Need to Appear)

The single biggest plaintiff mistake on default day is assuming you don't need evidence because the defendant isn't there to dispute it. The judge doesn't award you what you claim. The judge awards you what you PROVE. Even on default, you have to walk through your damages with documents.

Bring everything you would've brought to a contested hearing:

Photo ID, your stamped SC-100, the SC-104 proof of service, and your evidence binder in three identical copies (one for the judge, one for the file, one for you to reference). For more, see our guide to what to bring to your CA small claims hearing.

Have a clear damages summary on top of your binder. The judge will want to see exactly how you got from "the defendant owes me money" to "the defendant owes me $4,237.50." Itemized lines (parts $X, labor $Y, late fees $Z) are stronger than a single round number.

Show up at least 30 minutes early. Defaults often happen at the start of the day because they're quick (typically 5 to 10 minutes). Late arrivals can lose to a defendant who shows up at the last minute.

The Right to Set Aside (CCP 473.5)

California gives the defendant a chance to undo a default judgment if they had a legitimate reason for missing the hearing. The legal authority is California Code of Civil Procedure section 473.5, which lets a defendant who didn't have actual notice of the case ask the court to vacate the judgment and reopen it.

The defendant uses form SC-135, called the Notice of Motion to Vacate Judgment and Declaration. They have to:

File within 30 days of the date the clerk mailed the SC-130 Notice of Entry of Judgment, OR within 180 days if they claim they weren't properly served.

Explain in a sworn declaration why they didn't appear, and (if claiming improper service) how the lack of notice wasn't their own fault.

Pay a filing fee (the same scale as the original filing, with fee waivers available).

While the motion is pending, you can't enforce the judgment. Collection efforts pause until the judge rules.

If the judge grants the motion, the default judgment is wiped out and the case is reopened. The judge may set a new hearing date on the spot, or the case starts over with a new schedule.

If the judge denies the motion, the default judgment stands and you can resume collection.

How to Survive a Motion to Vacate

If the defendant files an SC-135 motion, you receive a notice of the motion hearing. Don't skip it. If you don't show up to defend the judgment you just won, the judge may grant the motion by default in the other direction.

At the hearing the judge will look at whether the motion was filed within the 30-day or 180-day window, and whether the defendant had "good cause" for missing the original hearing. Your job is to challenge the defendant's story, especially if your service was done properly. Bring your SC-104 proof of service and any evidence the defendant knew about the case (texts, emails, returned demand letters).

The full playbook for both sides of a vacate motion lives in ClaimKit Core's "How to Set Aside a Default Judgment." If you're anticipating one, read that doc before the hearing. If the judge grants the motion and reopens the case, the new hearing is often held immediately, so bring your full evidence binder either way.

Collecting on a Default Judgment

Once the 30-day vacate window passes with no motion filed, the judgment is enforceable. Now you have to get paid. The court doesn't collect for you.

California gives you several collection tools: wage garnishment, bank levy, property lien, and till tap or keeper levy for cash businesses. Each has its own paperwork, timing, and tradeoffs depending on what the defendant has and where they have it. The full collection playbook is in ClaimKit Complete (the dedicated "How to Collect Your Money" and "Collection Options" docs walk through which tool to reach for first based on what you know about the defendant).

The judgment lasts 10 years and can be renewed for another 10. Time is on your side, even if collection feels stuck. For more on collection generally, see our guide to collecting after winning small claims.

Common Default Judgment Mistakes

Showing up without evidence because the defendant isn't there. The most common plaintiff mistake. The judge still requires proof of damages on default. No evidence, no judgment.

Filing the SC-104 proof of service late. If proof of service isn't on file at least 5 days before the hearing, the judge will continue the case rather than enter a default. Confirm filing well in advance.

Sloppy service. Defaults are most vulnerable to vacate motions when service was sloppy. Use a sheriff or registered process server. Save the friend-as-server move for cases where the defendant is unlikely to fight back.

Not appearing at the motion-to-vacate hearing. If the defendant files SC-135 and you skip the motion hearing, you may lose the judgment by default in the other direction.

Starting collection before the 30-day window closes. The judgment isn't enforceable until 30 days after the SC-130 was mailed. Garnishments or levies filed during the window can be reversed.

Forgetting to renew the judgment. California small claims judgments last 10 years and renew for another 10. If you haven't collected by year 9, file a renewal application before the original term expires.

For more on what makes cases fail, see our breakdown of why people lose small claims cases and what to do instead.

Default judgment in California small claims is a real win, but it's a conditional one for the first 30 days. Show up prepared, bring your evidence, survive the vacate window, and then start collection. Plaintiffs who do their work correctly walk away with judgments that hold up.

ClaimKit Help is an educational guide, not legal advice. Verify court rules, forms, and deadlines before filing.

Source: California Courts Self-Help: Small Claims