Ask to cancel (vacate) the judge's decision

If you did not go to your small claims court date, you can ask the court to cancel (vacate) what the judge decided that day and get a new court date.

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Before you start

Either side that missed the court date, the plaintiff or defendant, can ask for a new court date.

To get a new court date:

You must have a good reason for missing your court date, like a serious emergency, or that you were never given the court forms.
Ask for a new court date within 30 days from when the judge's decision was mailed to you.

If you weren't properly served the Plaintiff's Claim, you have more time to ask to vacate the judgment. Learn more

If the other side didn't serve you the Plaintiff's Claim and Order to Go to Small Claims Court (form SC-100) the right way or never served you at all, then you have 180 days from when you found out or should have found out, about the judgment to file to ask to vacate the judge's decision.

This form and process are not for you if you went to court and lost the case.

If you were sued in a small claims case and the judge decided you owe money, you can challenge that decision by filing an appeal. You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.