You learn — from a levied bank account, a credit report, or a letter from a collector — that a court entered judgment against you in a lawsuit you never answered. A default judgment is real and enforceable, but it is not always final. California law provides several paths to set one aside, and every one of them is deadline-driven. This article explains the main routes to relief and why the calendar is the first thing to check.
How defaults happen
When a defendant is served with a summons and complaint and does not respond within 30 days, the plaintiff can request entry of default, which cuts off the right to respond. The plaintiff may then prove up damages and obtain a default judgment. Defaults happen for understandable reasons: the papers were served at a former address or on the wrong person, they were given to an employee who shelved them, the defendant assumed insurance or a business partner was dealing with them, or a lawyer missed the deadline. The law recognizes a strong policy favoring trial on the merits — which is why relief exists — but that policy only helps parties who move quickly once they learn of the judgment.
CCP § 473(b): the six-month workhorse
Code of Civil Procedure section 473(b) is the primary vehicle, and it has two branches:
- Discretionary relief. The court may set aside a default or default judgment entered through a party's mistake, inadvertence, surprise, or excusable neglect. The motion must be filed within a reasonable time and, to vacate the underlying default, no more than six months after entry of the default; entry of a later default judgment does not restart that period. You must explain, with a declaration, what happened and why it was excusable — and attach a copy of the proposed answer or other response, showing you are ready to defend.
- Mandatory relief for attorney fault. If the default resulted from an attorney's mistake, inadvertence, surprise, or neglect — even inexcusable neglect — relief is mandatory when the motion is accompanied by the attorney's sworn affidavit of fault and filed within six months of entry of judgment.
The applicable six-month limit is jurisdictional under this statute. Courts resolve doubts in favor of the moving party, and appellate decisions repeatedly instruct trial courts to prefer decisions on the merits over defaults — but only inside the window.
CCP § 473.5: when you never actually got notice
Some defendants were "served" in a way the law permits — substituted service, service by publication — but never actually learned of the lawsuit in time to defend. Section 473.5 addresses exactly this: when service of a summons has not resulted in actual notice in time to defend, the defendant may move to set aside the default and judgment. The deadline is the earlier of two years after entry of the default judgment or 180 days after service of written notice that the default or judgment was entered. The motion requires a declaration that the lack of notice was not caused by the defendant's own avoidance of service or inexcusable neglect, plus the proposed pleading. This statute is a lifeline for defendants sued at old addresses — a recurring pattern in collection cases, where a debt collection lawsuit may have been served years before the defendant hears of it.
Void judgments and equitable relief
Two more paths exist when the statutory windows have closed. First, a judgment that is void — for example, because service was never validly made and the court lacked jurisdiction, or the judgment awarded more than the complaint demanded — can be attacked under section 473(d), and a judgment void on the face of the record can be challenged at any time. A judgment void for defective service shown by extrinsic evidence generally must be challenged within a reasonable time, with courts often applying a two-year outer limit. Second, courts retain inherent equitable power to set aside judgments obtained through extrinsic fraud or extrinsic mistake — conduct that deprived the defendant of a fair opportunity to present a defense. Equitable relief demands a strong showing: a meritorious defense, a satisfactory excuse, and diligence once the judgment was discovered.
Move fast, and mind the enforcement clock
Every path to relief rewards speed. The moment you learn of a default judgment: get the court file (register of actions, proof of service, request for entry of default, the judgment itself), calendar every potentially applicable deadline, and preserve evidence of what you knew and when. If enforcement has begun — a levy, a garnishment, a lien — a motion to set aside can be paired with a request to stay enforcement. And take the underlying case seriously: setting aside the judgment does not end the lawsuit; it restarts it, so walk in with your defense ready. An experienced civil litigation attorney can typically assess within days which statute fits your facts and how strong the supporting declarations will be.
Talk to a California business attorney
If you have discovered a default judgment against you or your business, the deadlines to challenge it are already running — a prompt case review can preserve options that disappear within months. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
