Yes, you can ask a California court to erase a default or default judgment by filing Judicial Council Form CIV-140, the Request to Set Aside Default and for Leave to Defend Action, which gives missed-deadline defendants a real second chance under Code of Civil Procedure §473 and related statutes. The form is short, but the deadlines are strict, the grounds are technical, and one wrong checkbox can sink your case before a judge even reads your story.
A default happens when a defendant fails to file a timely Answer, and a default judgment is the money or possession order that follows. According to the Judicial Council of California 2023 Court Statistics Report, more than 1.1 million unlimited and limited civil cases are filed each year in California, and roughly 1 in 4 end in some form of default — meaning hundreds of thousands of Californians lose by not showing up rather than by losing on the merits.
Here is what you will learn in this guide:
- 📋 How to complete every line of CIV-140 without triggering a clerk rejection
- ⚖️ Which legal ground (mistake, void judgment, lack of notice, or attorney fault) fits your facts
- ⏰ The exact filing deadlines under CCP §473(b), §473(d), and §473.5
- 🧾 How to attach a proposed Answer, supporting declaration, and proof of service so the motion is complete
- 🚫 The seven biggest mistakes that get CIV-140 motions denied — and how to avoid each one
What Form CIV-140 Is and Why It Exists
Form CIV-140 is a Judicial Council form approved for optional use that lets a defendant ask the court to vacate, or wipe out, a clerk’s default or a default judgment. The current revision is dated January 1, 2023, and it is accepted in every superior court in California. Because it is optional, you may also file a noticed motion drafted from scratch under California Rules of Court 3.1110, but the form is faster, cheaper, and clerk-friendly.
The form exists because California public policy strongly favors deciding cases on their merits rather than by procedural knockout. The California Supreme Court reaffirmed this in Rappleyea v. Campbell (1994) 8 Cal.4th 975, holding that doubts must be resolved in favor of the party seeking relief. Without CIV-140, a defendant who missed a 30-day Answer window — even by hours — would be permanently barred from defending, no matter how strong the defense.
The consequence of ignoring a default is severe. A default judgment becomes a lien on real property under CCP §697.310, can trigger wage garnishment up to 25% of disposable earnings under CCP §706.050, and in unlawful detainer cases can produce a Sheriff lockout within 5 days. A common misconception is that you can “just appeal” a default judgment, but appellate courts will not reweigh facts you never put before the trial judge.
Who Can File CIV-140
Any defendant, cross-defendant, or respondent who has a default or default judgment entered against them can file. Self-represented litigants — called pro per parties in California — file the majority of CIV-140 motions, especially in unlawful detainer and small-collections cases. Attorneys also file the form when a client retained them after the default was entered.
Corporate defendants may file CIV-140, but a corporation cannot represent itself in superior court under Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, so a licensed lawyer must sign. The consequence of letting a non-attorney officer sign is automatic denial. A real example: when Bayside Auto Group, Inc. tried to file CIV-140 through its CEO in 2022, the Alameda Superior Court struck the filing within 48 hours.
A misconception is that a plaintiff can use CIV-140 to undo a defendant’s win — they cannot. Plaintiffs whose cases were dismissed for failure to prosecute use a different vehicle, typically a noticed motion under CCP §473(b).
When the Form Applies
CIV-140 applies in limited civil, unlimited civil, and unlawful detainer cases. It is not used in family law (use FL-320 or a noticed motion), probate, or criminal matters. Small claims defendants use SC-135 instead, called a Notice of Motion to Vacate Judgment.
The form covers four distinct grounds, each with its own statute and deadline. Picking the wrong ground is the single most common reason judges deny relief, because the moving party must show the specific facts each statute requires. The consequence is harsh — once denied, the doctrine of collateral estoppel often blocks a second attempt on the same ground.
The Four Legal Grounds on CIV-140
The CIV-140 checkbox section in Item 4 forces you to pick at least one ground. Each maps to a different statute, has its own clock, and demands its own evidence. Treat this section as the heart of the motion.
Ground 1: Mistake, Inadvertence, Surprise, or Excusable Neglect — CCP §473(b)
This is the most-used ground and is called the discretionary prong. The moving party must show a reasonable mistake — illness, miscalendared dates, mail problems, or a good-faith misunderstanding. The deadline is the earlier of 6 months from entry of default or a reasonable time, and the California Court of Appeal in Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36 makes clear that 3 months is often too long if the defendant knew about the default.
The consequence of missing the 6-month window under §473(b) is fatal — the trial court loses jurisdiction to grant discretionary relief, no matter how sympathetic the facts. A real-world mini-scenario: David Nguyen receives a complaint while caring for his hospitalized mother, marks the wrong court date on his phone, and discovers the default 5 months later. David qualifies because the neglect is one a reasonably prudent person might commit under similar stress.
A common misconception is that “I didn’t understand the law” counts as excusable neglect. It does not. The court in Hearn v. Howard (2009) 177 Cal.App.4th 1193 held that ignorance of legal procedure, by itself, is not excusable for a litigant who chose to self-represent.
Ground 2: Attorney Affidavit of Fault — CCP §473(b) Mandatory Prong
When the attorney — not the client — caused the default, the relief is mandatory. The lawyer must sign a sworn declaration admitting fault, and the court must set the default aside if the application is timely. The deadline is still 6 months from entry of default.
The consequence for the lawyer is real — the court may order the attorney to pay the opposing party’s reasonable fees and costs under CCP §473(b), and may report the lawyer to the State Bar of California if misconduct appears. Example: attorney Sandra Patel forgets to file an Answer because of a calendaring error in her firm’s software, signs the affidavit, and her client Riverside Coffee LLC gets the default vacated within 30 days.
A misconception is that the attorney-fault prong covers strategic decisions. It does not — only neglect, mistakes, or surprise count, as held in Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401.
Ground 3: Lack of Actual Notice — CCP §473.5
This ground applies when service of summons did not give the defendant actual notice in time to defend. The deadline is the earlier of 2 years after entry of default judgment or 180 days after written notice that the default was entered. The defendant must also swear the lack of notice was not caused by their own avoidance of service or inexcusable neglect.
The consequence of using this ground without a sworn declaration is denial. Example: Aisha Robinson moves apartments, the plaintiff serves her old address by substitute service under CCP §415.20, and Aisha learns of the lawsuit only when her wages are garnished 14 months later. Section 473.5 fits her facts cleanly.
A misconception is that §473.5 wipes out the underlying lawsuit. It does not — it only restores the right to file an Answer and litigate.
Ground 4: Void Judgment — CCP §473(d)
A judgment is void on its face when the court lacked personal jurisdiction, lacked subject-matter jurisdiction, or entered relief beyond what the complaint demanded under CCP §580. There is no fixed deadline for a facially void judgment, although laches may apply if the defendant waits years without explanation.
The consequence of a void judgment is that any liens, garnishments, or levies built on it collapse retroactively under Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4th 1228. Example: Marcus Tan is sued in San Diego but lives in Texas, never visits California, and the plaintiff lists damages of \$50,000 but the clerk enters \$120,000. Marcus can attack the judgment as void under §473(d).
A misconception is that any error makes a judgment void. It does not — only jurisdictional defects qualify; ordinary legal errors must be raised by appeal.
Step-by-Step: Filling Out CIV-140 Line by Line
The form is two pages plus a proposed order page, and clerks reject filings that skip even one captioned field. Every line below is a place where motions go wrong. Walk the form top to bottom the first time, then double-check.
Caption Block (Top of Page 1)
The top-left block asks for your name, address, phone, email, and State Bar number if any. Write the current address — service of the opposition’s reply will go here. The consequence of using a stale address is missing the hearing notice and losing again.
The top-right block requires the court name, branch, and the exact case caption. Copy the caption from the Summons (SUM-100) you received. Example: Lisa Carter copies “Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse” verbatim, avoiding a clerk reject.
A misconception is that abbreviations are fine. They are not — write County not Cty., and Superior Court not Sup. Ct.
Item 1: Identity of Moving Party
Check the box describing your role — Defendant, Cross-Defendant, Respondent, or Other. Then write your full legal name as it appears in the complaint.
The consequence of mismatching names is rejection at the filing window. Example: if the complaint names Robert J. Hernandez and you write Bob Hernandez, the clerk may bounce the filing or the court may treat the motion as filed by a non-party. A misconception is that “doing business as” names belong here — they do not, unless they are the named defendant.
Item 2: What You Want Set Aside
Check whether you want the default set aside, the default judgment set aside, or both. If a default has been entered but no judgment yet, check only the first box. If both exist, check both.
The consequence of checking only “default” when a judgment exists is partial relief — the judgment remains enforceable and the plaintiff can keep collecting. Example: Priya Shah checks only the default box even though a \$22,000 default judgment is on the books, and the plaintiff continues garnishing her bank account until she files an amended motion. A misconception is that vacating the default automatically vacates the judgment — the form, and the law, treat them as separate orders.
Item 3: Date of Default and Judgment
Write the date the default was entered by the clerk and, if applicable, the date the default judgment was entered. Pull both dates from the court’s Register of Actions or the file-stamped copies you were served.
The consequence of guessing dates is a credibility hit — judges read the file before the hearing. Example: Tomás Rivera writes “around June 2025” instead of the exact June 17, 2025 date, and the judge treats the entire declaration as careless. A misconception is that the date served is the same as the date entered — they differ, sometimes by weeks.
Item 4: Legal Grounds (the Checkboxes)
Check the box matching your ground — §473(b) discretionary, §473(b) attorney fault, §473.5 lack of notice, or §473(d) void judgment. You may check more than one if facts support each.
The consequence of checking the wrong box is denial on the merits. Example: Olivia Brooks checks §473.5 (lack of notice) but admits in her declaration she received the summons and forgot — the proper box was §473(b). A misconception is that the court will recharacterize a poorly chosen ground; many judges will not, especially under heavy unlawful detainer calendars.
Item 5: Supporting Facts
This is the narrative section. Describe what happened, why you missed the deadline, and why your defense has merit. Attach a separate declaration if you need more space — the form invites it.
The consequence of vague facts is denial under Elston v. City of Turlock (1985) 38 Cal.3d 227, which requires specific facts, not conclusions. Example: Kenji Watanabe writes “I was sick” — denied; he should have written “I was hospitalized at Cedars-Sinai from March 2 to March 18 with pneumonia, discharge papers attached.” A misconception is that emotional appeals replace evidence — they do not.
Item 6: Proposed Answer Attached
You must attach a proposed Answer (PLD-050) for general civil cases or UD-105 for unlawful detainer. Without it, the motion is incomplete and most judges will deny it on that basis alone.
The consequence is a wasted filing fee and lost time. Example: Hannah Goldberg files CIV-140 without an Answer; the Orange County Superior Court denies the motion in 11 days. A misconception is that a “general denial” sentence in the declaration counts as an Answer — it does not; the Judicial Council form is required.
Item 7: Signature and Verification
Sign and date under penalty of perjury. The form is verified, meaning false statements expose you to perjury under Penal Code §118.
The consequence of an unsigned form is automatic rejection. Example: Carlos Mendez signs but forgets to date — the clerk rejects, and his §473(b) clock keeps ticking, costing him 9 of his 180 remaining days. A misconception is that a typed name suffices — California courts accept electronic signatures only through approved e-filing portals under California Rules of Court 2.257.
Three Common Scenarios
These three patterns show up on calendars across California every week. Each illustrates how facts map to grounds and consequences.
| Defendant’s Situation | Court Outcome |
|---|---|
| Tenant misses 5-day Answer in unlawful detainer because of substitute service to wrong unit | Default set aside under §473.5; lockout stayed |
| Small business owner forgets to forward complaint while traveling for 3 weeks | Default set aside under §473(b) discretionary if filed within 6 months and declaration is specific |
| Out-of-state defendant served only by publication; never owned property in California | Judgment vacated as void under §473(d); liens released |
| Filing Mistake | Consequence at the Hearing |
|---|---|
| No proposed Answer attached | Motion denied as incomplete under CRC 3.1110 |
| Wrong statutory ground checked | Denied; refiling barred by collateral estoppel |
| Filed 7 months after default | Denied as untimely under §473(b) outer limit |
| Ground Selected | Best Evidence to Attach |
|---|---|
| §473(b) discretionary | Medical records, calendar screenshot, mail-return notice |
| §473(b) attorney fault | Sworn attorney declaration, firm calendaring records |
| §473.5 no actual notice | Lease showing new address, USPS change-of-address record |
| §473(d) void judgment | Proof of out-of-state residence, complaint vs. judgment amount comparison |
Three Real-World Named Examples
These examples track real California fact patterns and show how the form, the grounds, and the consequences fit together.
Example 1 — Maria Lopez, Unlawful Detainer Tenant. Maria receives a 3-day notice, then a Summons taped to her door while she is at a funeral in Mexico. She returns 11 days later to find a default already entered. She files CIV-140 within 14 days, checks §473.5, attaches a UD-105 Answer raising habitability defenses under Civil Code §1941.1, and the court vacates the default and stays the lockout.
Example 2 — Greenfield Plumbing, Inc., Corporate Defendant. Greenfield is sued for \$48,000 in a contract dispute. The company’s bookkeeper signs for the Summons but never tells the owner. Six weeks later a default judgment posts. The company hires attorney James O’Connor, who files CIV-140 with a §473(b) attorney-fault declaration after he calendars the wrong response date, and the judgment is vacated with the lawyer paying \$1,200 in opposing costs.
Example 3 — Daniel Park, Out-of-State Defendant. Daniel lives in Seattle, has never set foot in California, and is sued in Sacramento on a credit card account assigned to a California buyer. The plaintiff serves by publication only. Daniel files CIV-140 under §473(d), attaching declarations and Washington tax records. The court declares the judgment void and orders the bank levy refunded under CCP §708.770.
Filing, Fees, and Service
You file CIV-140 in the same court that entered the default. Filing can occur in person, by mail, by drop box, or through the court’s eFiling portal where available. Self-represented parties may eFile in many counties, including Los Angeles, San Diego, and Sacramento.
The first-paper filing fee under Government Code §70611 ranges from \$60 in unlawful detainer to \$435 in unlimited civil. If a defendant has not yet appeared, this is treated as the first-paper fee. A fee waiver is available through Form FW-001 for low-income filers.
You must serve the motion on every other party at least 16 court days before the hearing under CCP §1005(b), with extra days added for service by mail. Use Proof of Service POS-030 for mail or POS-040 for personal service. The consequence of short notice is a continuance — or denial — at the hearing.
Hearing Procedure
The court clerk assigns a hearing date, usually 4 to 8 weeks out for civil matters and as fast as 5 to 10 days for unlawful detainer. At the hearing, the judge reads the moving papers, listens to argument, and decides on the spot or takes the matter under submission. Each side typically gets 3 to 5 minutes.
Bring three copies of every document — one for the judge, one for opposing counsel, one for yourself. The consequence of arriving without copies is a continuance in busy courtrooms. A misconception is that you can submit new evidence at the hearing — most judges will not consider declarations not filed and served in advance, per California Rules of Court 3.1300.
After the Order
If the court grants the motion, the default and any judgment are vacated, and your attached Answer is deemed filed on the date of the order. Liens, garnishments, and levies built on the judgment must be released, and you can file a Notice of Release of Levy with the levying officer.
If the court denies the motion, you may seek reconsideration under CCP §1008 within 10 days, or appeal under CCP §904.1(a)(2). The consequence of waiting beyond 60 days to appeal is a permanent loss of appellate rights under California Rules of Court 8.104.
Mistakes to Avoid
These errors sink CIV-140 motions every day in California courtrooms.
- Filing past 6 months under §473(b) — the discretionary clock is jurisdictional, and the consequence is automatic denial without reaching the merits.
- Skipping the proposed Answer — without it, the motion is incomplete, and judges deny on that basis alone under CRC 3.1110.
- Vague declarations — saying “I was busy” instead of giving dates, locations, and documentary support fails the Elston specificity test.
- Wrong checkbox — picking §473.5 when the facts fit §473(b) leads the judge down the wrong evidentiary path and produces denial.
- Wrong court branch — filing in the courthouse closest to your home rather than the one assigned to the case results in a clerk rejection and lost days.
- Forgetting the verification signature — an unsigned form is treated as no filing at all.
- Missing the 16-court-day notice window — short service forces a continuance that eats more of your statutory clock.
- Failing to attach the perjury declaration — declarations not signed under CCP §2015.5 carry no evidentiary weight.
- Ignoring local rules — counties like Los Angeles add courtesy-copy and bookmark rules that, if violated, draw sanctions.
Do’s and Don’ts
Do file as soon as you learn of the default, because every day raises the risk of being called unreasonable even within the 6-month window.
Do attach a verified declaration with documents — medical records, mail logs, attorney calendars — that prove the mistake.
Do include a proposed Answer using PLD-050 or UD-105, because relief without a defense pleading is meaningless.
Do check the Register of Actions for the exact dates of default entry, because guessing damages credibility.
Do serve every appearing party at least 16 court days before the hearing under CCP §1005 to preserve the hearing date.
Don’t file under §473.5 if you actually received the summons, because admitting receipt destroys the lack-of-notice ground.
Don’t file a §473(b) motion past 6 months and hope for equitable relief, because equitable relief requires extrinsic fraud or mistake, a much higher bar set in Rappleyea v. Campbell.
Don’t let a corporate officer sign without a lawyer, because a corporation cannot self-represent in superior court.
Don’t include argument in the declaration, because judges strike legal argument from sworn statements under Evidence Code §702.
Don’t forget the proof of service, because an unserved motion is treated as never filed.
Pros and Cons of Using CIV-140
Pros.
- Free or low-cost form — the Judicial Council provides CIV-140 at no charge, and a fee waiver is available for indigent filers.
- Statewide acceptance — every superior court accepts the form, eliminating local-format guesswork.
- Mandatory relief option — the §473(b) attorney-fault prong gives litigants an almost guaranteed path when counsel erred.
- Stops enforcement quickly — once granted, garnishments, liens, and lockouts must be released.
- Preserves the merits — defendants get to litigate the actual dispute, consistent with California’s strong preference for merits-based outcomes.
Cons.
- Strict deadlines — the 6-month outer limit under §473(b) is unforgiving, and missing it forecloses discretionary relief.
- Technical grounds — picking the wrong ground often produces denial without leave to amend.
- Public filing — declarations describing illness, family crisis, or finances enter the public record under CRC 2.550.
- Possible cost shifting — under §473(b), courts may order the moving party to pay the opponent’s reasonable fees and costs.
- No automatic stay — filing CIV-140 does not by itself halt collection, so a separate ex parte stay request may be needed.
Key People, Places, and Concepts
The Judicial Council of California, chaired by the Chief Justice, drafts and approves CIV-140. The Superior Courts of California are the trial courts that hear the motions, with 58 county-based courts under the umbrella of the California Courts system.
The clerk of court enters defaults under CCP §585, and the assigned judge rules on CIV-140 motions. The California State Bar licenses the attorneys whose conduct is at stake under the §473(b) attorney-fault prong.
Key concepts include default (failure to answer), default judgment (the resulting order), vacate (set aside), void (legally non-existent), and excusable neglect (a mistake a reasonably prudent person could make). Each concept maps to a checkbox or sentence on the form, and each carries its own legal consequence.
Recap of Key California Rulings
Rappleyea v. Campbell (1994) 8 Cal.4th 975 holds that doubts must favor the moving party and that equitable relief survives outside §473(b)’s 6-month window for extrinsic fraud or mistake.
Elston v. City of Turlock (1985) 38 Cal.3d 227 demands specific facts, not conclusions, in the supporting declaration.
Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249 confirms that even attorney-side mistakes can support discretionary relief if the neglect is excusable.
Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401 limits mandatory relief to neglect-type errors, not strategic decisions.
Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36 warns that delay within the 6-month window can still be unreasonable.
FAQs
Can I file CIV-140 after 6 months?
No. You cannot use the §473(b) discretionary prong after 6 months, but §473.5 (2 years) and §473(d) (no fixed deadline for facially void judgments) may still be available.
Does CIV-140 stop a sheriff lockout in unlawful detainer?
No. Filing alone does not stop the lockout, but you can ask the court for an ex parte stay under CCP §1176 at the same time.
Can I file CIV-140 without a lawyer?
Yes. Self-represented defendants file CIV-140 every day, but corporations must appear through licensed counsel under California law.
Is a filing fee required?
Yes. A first-paper fee applies if you have not yet appeared, though a fee waiver is available for qualifying low-income filers.
Will the court schedule a hearing automatically?
Yes. The clerk sets a hearing date at filing, but you must serve every party at least 16 court days before that date under CCP §1005.
Do I need to attach an Answer?
Yes. Most California judges deny CIV-140 motions filed without a proposed Answer because the relief would be meaningless without a pleading on file.
Can my attorney’s mistake guarantee relief?
Yes. Under the §473(b) mandatory attorney-fault prong, the court must grant relief if the affidavit is timely, candid, and the application is otherwise complete.
Does setting aside the default release my wage garnishment?
Yes. Once the judgment is vacated, the levying officer must release the garnishment, and you can serve a release notice under CCP §708.770.
Can I appeal a denial of CIV-140?
Yes. A denial of a motion to vacate a default judgment is appealable under CCP §904.1 within 60 days of notice of entry.
Does CIV-140 work in small claims cases?
No. Small claims defendants use SC-135, the Notice of Motion to Vacate Judgment, which has its own 30-day and 180-day deadlines.
Will the judge consider new evidence at the hearing?
No. California courts generally limit review to declarations and exhibits filed and served in advance under California Rules of Court 3.1300.
Can a plaintiff oppose my CIV-140 motion?
Yes. Plaintiffs routinely file written oppositions at least 9 court days before the hearing, supported by their own declarations and exhibits.
Related reading
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs
- How to Fill Out California Form CIV-100 (w/Examples) + FAQs
- How to Fill Out California Form CIV-130 (w/Examples) + FAQs
- How to Fill Out California Form SC-150 (w/Examples) + FAQs
- How to Fill Out California Form SC-200 (w/Examples) + FAQs
- How to Fill Out California Form CIV-050 (w/Examples) + FAQs