If you learned about a judgment only when your wages or bank account were hit, and you were never properly served, the judgment may be void. Here are the four ways to vacate it, the deadlines that apply, and how to get back into the case to defend or settle.
When someone sues you in California and you do not respond within the time allowed, the plaintiff can ask the clerk or the court to enter your default. After that, the court can enter a default judgment awarding the plaintiff the money or relief requested, often without any hearing on the merits and without your side of the story ever being heard.
The whole system depends on one assumption: that you actually received the summons and complaint and chose not to respond. The law calls the delivery of those papers service of process. Proper service is what gives the court personal jurisdiction, that is, the legal power to enter a binding judgment against you.
This page is for the defendant's side. The common pattern looks like this:
In California Capital Ins. Co. v. Hoehn (2024) 17 Cal.5th 207, a default judgment was entered against a defendant in 2011. He did not learn about it until 2020, when his wages were garnished, roughly nine years later. He promptly moved to set the judgment aside, contending he had never been properly served. The California Supreme Court held that his motion to vacate a judgment void for improper service was not barred by a rigid two-year deadline. I cover that holding in detail under Deadlines.
Want a structured walk-through of the broader default-judgment landscape, including defaults that have not yet ripened into a judgment? See my companion guide, California Default Judgments: How to Set Aside a Default and Protect Your Rights.
California gives a defendant several distinct tools to vacate a default judgment. They are not interchangeable. They have different legal standards, different deadlines, and different proof requirements. When service was defective, more than one may apply at the same time, and a careful motion often argues them in the alternative.
Use this when service of the summons did not result in actual notice to you in time to defend the action. This is the workhorse statute for the "I never knew about the lawsuit" situation.
You file a noticed motion supported by an affidavit showing that your lack of actual notice was not caused by your avoidance of service or your inexcusable neglect, and you attach a proposed pleading (your answer). If the court finds the motion timely and that finding is met, it may set aside the default or default judgment and let you defend. Authority: CCP § 473.5.
Use this when service was so defective that the court never acquired personal jurisdiction, which makes the judgment void, not merely voidable. The court "may, on motion of either party after notice to the other party, set aside any void judgment or order."
This is the strongest route when you can prove the defect with extrinsic evidence, for example a proof of service that names a wrong address, an impossible date, or a person who does not exist at your home. As explained in the Deadlines tab, a genuinely void-service judgment under this subsection is not subject to a rigid two-year cap. Authority: CCP § 473(d).
Use this when the default was taken through your mistake, inadvertence, surprise, or excusable neglect, for example you were served but a genuine emergency or a misunderstanding caused you to miss the deadline. The court has discretion to grant relief if you ask within a reasonable time not exceeding six months after the judgment.
This subsection also provides mandatory relief when the request is accompanied by an attorney's sworn affidavit of fault attesting that the default resulted from the attorney's mistake or neglect. Because the six-month window is short, this route is frequently unavailable by the time a defendant first learns of a judgment entered without notice. Authority: CCP § 473(b).
Use this as a backstop when the statutory windows have closed but you were kept from defending by circumstances outside the case record, classically extrinsic fraud (the other side actively concealed the suit or lied about service) or extrinsic mistake (an excusable circumstance prevented a fair adversarial hearing). Courts retain the inherent equitable power to vacate a judgment in these situations, though the showing is demanding and the equities are scrutinized closely.
| Route | When It Fits | Key Requirement | Outer Deadline |
|---|---|---|---|
| CCP 473.5 | Service did not give you actual notice in time to defend | Affidavit of no actual notice (no avoidance / no inexcusable neglect) + proposed answer | Earlier of 2 years after judgment, or 180 days after written notice of entry |
| CCP 473(d) | Service was so defective the judgment is void | Extrinsic evidence proving improper service / no jurisdiction | No rigid 2-year cap for void-service judgments (still a reasonable time) |
| CCP 473(b) | Default through mistake, inadvertence, surprise, excusable neglect | Reasonable diligence; attorney affidavit of fault triggers mandatory relief | Reasonable time, not exceeding 6 months after judgment |
| Equitable relief | Extrinsic fraud or mistake kept you from defending | Demanding equitable showing; diligence after discovery | No fixed statutory cap; equity weighs delay heavily |
Send me your proof of service, the judgment, and a short summary of what actually happened. In a Written Attorney Consultation I will tell you which statute gives you the best shot, what the deadline really is, and what the motion needs to prove.
Deadlines are where most set-aside motions are won or lost. The window depends entirely on which route you use, so identifying the right statute is the first step.
A section 473.5 motion must be served and filed within a reasonable time, but in no event later than the earlier of:
Two years after entry of the default judgment.
180 days after service of written notice that the default or default judgment has been entered.
Authority: CCP § 473.5.
For decades, lower courts often applied a judicially created two-year limit (the so-called Rogers rule) to motions seeking to vacate a void judgment under section 473(d). That changed.
That is the holding that let the Hoehn defendant move to vacate roughly nine years after the judgment, once a wage garnishment finally revealed it. Authority: CCP § 473(d).
Discretionary relief for mistake, inadvertence, surprise, or excusable neglect, and mandatory relief on an attorney's affidavit of fault, must be sought within a reasonable time not exceeding six months after the judgment, dismissal, order, or proceeding. This window is unforgiving and, for someone who never received notice, often expires before they even know a judgment exists. Authority: CCP § 473(b).
Equitable relief for extrinsic fraud or mistake is not governed by a fixed statutory deadline, but a court sitting in equity weighs your diligence and any prejudice to the other side. The longer you wait after discovering the problem, the harder the motion becomes.
Because improper service is what makes a default judgment vulnerable, it helps to know what the law actually requires. California recognizes several valid methods of serving a summons. If none of them was properly completed, service is defective and personal jurisdiction is open to challenge.
| Method | Statute | What It Requires |
|---|---|---|
| Personal service | CCP § 415.10 | The summons and complaint are personally delivered to the defendant. |
| Substituted service | CCP § 415.20 | After reasonable diligence to serve personally, papers are left with a competent member of the household or a person apparently in charge at the office, then a copy is mailed to that address. |
| Service by mail + acknowledgment | CCP § 415.30 | Papers are mailed with a notice and acknowledgment of receipt; service is complete only when the defendant signs and returns the acknowledgment. |
| Out-of-state service | CCP § 415.40 | A defendant outside California may be served by first-class mail, postage prepaid, requiring a return receipt. |
These are the patterns I most often see in a proof of service that turns out to be defective. Any one of them can be the basis for setting the judgment aside:
A motion to set aside a default judgment is a noticed motion: you file papers, set a hearing date, and serve the other side. A complete package generally includes the following components.
States the hearing date, time, and department; identifies the relief you seek (set aside the default and default judgment); and cites the statutory basis (for example CCP 473.5 and/or 473(d)).
Your sworn statement of the facts: where you actually lived, why you never received the papers, when and how you learned of the judgment, and that the lack of notice was not caused by avoidance of service or inexcusable neglect. This is the evidentiary heart of the motion. Attach the documents that back it up.
The legal argument: the statute you rely on, the case law (including the void-judgment principles), the deadline analysis, and why the facts satisfy the standard.
CCP 473.5 expressly requires a copy of the pleading you propose to file. Practically, attaching a proposed answer also shows the court you are ready to defend on the merits, not just to delay.
A short order the judge can sign granting the motion, vacating the default and default judgment, and deeming your answer filed.
Under CCP § 1005(b), a noticed motion is generally served and filed at least 16 court days before the hearing. When you serve by mail within California, you add five calendar days; mail service outside California or by other methods adds more. Opposition and reply papers have their own deadlines counted backward from the hearing. Court days exclude weekends and court holidays, so calendaring this correctly takes care.
Some defendants handle a clean, well-documented set-aside motion on their own. But several situations call for counsel, and getting the theory and deadline right the first time often decides the case:
Tell me what happened and what the proof of service says. I will identify the right route, the real deadline, and the strongest version of your motion, and if the goal is to resolve the underlying dispute, I can take it through a demand letter and settlement once you are back in the case.
Yes. If you were never properly served with the summons and complaint, the court never acquired personal jurisdiction over you, and the default judgment is void. Under CCP 473(d), a court may set aside a void judgment. A judgment void for improper service can also be challenged through a motion under CCP 473.5 (no actual notice in time to defend), and in some cases through equitable relief for extrinsic fraud or mistake.
The motion must be filed within a reasonable time, but no later than the earlier of two years after entry of the default judgment, or 180 days after service of written notice that the default or default judgment has been entered. It must include an affidavit showing the lack of actual notice was not caused by your avoidance of service or inexcusable neglect, plus a copy of the proposed answer.
Not for a judgment that is genuinely void for improper service. In California Capital Ins. Co. v. Hoehn (2024) 17 Cal.5th 207, the California Supreme Court held that a CCP 473(d) motion to vacate a default judgment void for lack of proper service, proven by extrinsic evidence, is not subject to the judicially created two-year limit (the former Rogers rule). The motion must still be brought within a reasonable time, and you must prove the defective service.
California allows personal delivery (CCP 415.10), substituted service at the home or business plus a follow-up mailing (CCP 415.20), service by mail with a notice and acknowledgment of receipt (CCP 415.30), and out-of-state service by first-class mail with return receipt requested (CCP 415.40). Service that does not satisfy one of these methods is defective and can defeat personal jurisdiction.
A typical package includes a notice of motion and motion, a supporting declaration explaining the defective service or lack of notice, a memorandum of points and authorities, a proposed responsive pleading (usually a proposed answer), and a proposed order. Under CCP 1005(b), a noticed motion is generally served and filed at least 16 court days before the hearing, with added time when papers are served by mail.
Once the court vacates the default and judgment, you are allowed to defend the case. You file your responsive pleading, usually an answer, and the lawsuit proceeds from where it would have been had you appeared on time. From that posture you can litigate the merits, conduct discovery, and often negotiate a settlement now that the other side no longer holds a one-sided judgment.
CCP 473(b) gives the court discretion to relieve a party from a default or judgment taken through mistake, inadvertence, surprise, or excusable neglect, if the request is made within a reasonable time not exceeding six months. It also provides mandatory relief when accompanied by an attorney's sworn affidavit of fault. Because the six-month window is short, it is often unavailable by the time a defendant learns of a judgment entered without notice.