Yes! You can use AI to fill out Form SC-135, Notice of Motion to Vacate Judgment and Declaration (Small Claims)

The Notice of Motion to Vacate Judgment and Declaration, Form SC-135, is a legal document used in California to request that a small claims court cancel, or 'vacate,' a previously entered judgment. This is typically filed by a party who did not appear at their court hearing and wishes to have the case reheard. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
SC-135 is part of the California court forms, court claim forms and small claims forms categories on Instafill.
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Form specifications

Form name: Form SC-135, Notice of Motion to Vacate Judgment and Declaration (Small Claims)
Number of fields: 39
Number of pages: 1
Language: English
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Follow these steps to fill out your SC-135 form online using Instafill.ai:
  1. 1 Navigate to Instafill.ai and upload or select the SC-135, Notice of Motion to Vacate Judgment and Declaration form.
  2. 2 Use the AI assistant to automatically populate the court name, address, and the small claims case number from your case documents.
  3. 3 Enter the full names, addresses, and telephone numbers for all plaintiffs and defendants as listed in the original case.
  4. 4 Provide the date the judgment was entered against you and the date you first became aware of the judgment.
  5. 5 In the declaration section, clearly explain your reason for requesting the judgment be vacated, checking the appropriate box and providing a detailed factual summary.
  6. 6 Review the entire form for accuracy, then digitally or manually sign and date the declaration under penalty of perjury.
  7. 7 Download the completed form to print and file with the court clerk, ensuring you follow all local court rules for service.

Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.

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Frequently Asked Questions About Form SC-135

This form is used to ask a California small claims court to cancel (or "vacate") a judgment that was made against you. It is typically used when you did not appear at the original court hearing and have a valid reason for your absence.

Any party (plaintiff or defendant) in a small claims case against whom a judgment was entered can file this form to request that the judgment be canceled.

Yes, you generally must file this motion within 30 days after the court clerk mails the 'Notice of Entry of Judgment'. In some cases, such as not being properly served, you may have up to 180 days after learning about the judgment.

You will need the small claims case number, the full names and addresses of all parties, the date the judgment was entered against you, and a specific reason for why you are asking the court to cancel it.

You should leave the hearing date, time, and place blank when you fill out the form. The court clerk will fill in this information when you file the document.

You must provide a specific, factual reason for your request. For example, state that you never received the court notice, had a documented medical emergency, or another valid reason for not attending the trial.

The court clerk will schedule a hearing and mail a copy of the notice to the other party. You must attend the hearing to explain to the judge why the judgment should be canceled.

Bring any evidence that supports your reason for missing the first trial. You must also bring all witnesses, books, receipts, and other evidence related to the original case, as a new trial may happen immediately if your motion is granted.

No, the court clerk is responsible for mailing the notice to the other party. The 'Clerk's Certificate of Mailing' section at the bottom of the form documents this action.

If the judge grants your motion, the original judgment is canceled. The court may then proceed with a new trial on the small claims case immediately, so you must be prepared to present your case.

Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This can help you complete the form more efficiently and with fewer errors.

You can use a service like Instafill.ai to upload the PDF form. Their platform allows you to fill out all the fields online, and then you can download the completed document for printing and filing.

If you have a non-fillable or 'flat' PDF, you can upload it to Instafill.ai. The service can convert the document into an interactive, fillable form that you can easily complete on your computer.

California counties provide free small claims advisor services to help people understand the process and prepare for court. You can contact your local court to get information on how to access this free help.

Compliance SC-135
Validation Checks by Instafill.ai

1
Ensures Case Number is Provided
This check verifies that the 'SMALL CLAIMS CASE NO.' field is not empty. The case number is a critical identifier that links this motion to the original small claims case file. Without it, the clerk cannot process the document, leading to immediate rejection of the filing.
2
Validates Plaintiff Information Completeness
This validation ensures that the name, street address, and telephone number for at least one plaintiff are fully provided. This information is essential for identifying the parties of the case and for proper notification. Incomplete information can cause processing delays or rejection of the form.
3
Validates Defendant Information Completeness
This check confirms that the name, street address, and telephone number for at least one defendant are entered. Correctly identifying all parties is a legal requirement for court filings. Failure to provide complete defendant information will result in the form being returned for correction.
4
Verifies Telephone Number Format
This check ensures that all telephone number fields for plaintiffs and defendants follow a standard format (e.g., XXX-XXX-XXXX or (XXX) XXX-XXXX). Valid contact information is crucial for the court and other parties to communicate. An invalid format could lead to failed communication attempts and procedural delays.
5
Confirms 'Notice To' Party Name
This validation verifies that the name entered in the 'NOTICE TO' field is not blank and preferably matches one of the parties listed in the plaintiff or defendant sections. This field specifies who is being served with the motion, which is a fundamental requirement of legal notice. An incorrect or missing name invalidates the notice aspect of the form.
6
Validates Judgment Entry Date
This check ensures that the date provided in item 3, 'Judgment was entered against me in this case on (date):', is a valid, non-future date. This date establishes the timeline for the motion and is a required fact for the declaration. An invalid or future date would be logically impossible and cause the declaration to be rejected.
7
Validates Judgment Discovery Date
This validation confirms that the date in item 4, 'I first learned of the entry of judgment against me on (date):', is a valid, non-future date. This date is critical for determining if the motion to vacate is filed within the legally required timeframe. An invalid date will prevent the court from assessing the timeliness of the motion.
8
Ensures Logical Date Sequence for Judgment
This check verifies that the 'date of learning judgment' (item 4) is on or after the 'judgment entry date' (item 3). It is logically impossible to learn of a judgment before it was entered. A failed check indicates a data entry error that must be corrected for the declaration to be factually coherent.
9
Requires Selection of Reason for Motion
This validation ensures that at least one of the checkboxes in item 5 ('I did not appear...' or 'Other') is selected. The court requires a specific legal reason for the request to vacate a judgment. Failure to select a reason makes the motion incomplete and it will be denied.
10
Ensures Explanation for Non-Appearance is Provided
If checkbox 5a, 'I did not appear at the trial...', is selected, this check verifies that the corresponding text field specifying the facts is not empty. The court needs a detailed explanation to evaluate the merit of the reason for non-appearance. A missing explanation will result in the motion being summarily rejected.
11
Ensures Explanation for 'Other' Reason is Provided
If checkbox 5b, 'Other', is selected, this validation ensures the associated text field is filled with specific facts. A generic 'Other' reason is insufficient; the filer must provide a clear, factual basis for their motion. The form will be considered incomplete and rejected if this explanation is missing.
12
Validates Declaration Date Presence
This check confirms that the 'Date' field in the signature block of the declaration is filled out. The date of the declaration is required to certify when the statement was made under penalty of perjury. A missing date invalidates the declaration and the entire motion.
13
Ensures Declarant's Printed Name is Provided
This validation verifies that the 'TYPE OR PRINT NAME' field accompanying the signature line is not empty. This field clearly identifies the person signing the declaration. A missing printed name can create ambiguity about the declarant's identity, potentially leading to the rejection of the document.
14
Verifies Court Name and Address is Complete
This check ensures the 'Name and Address of Court' field is filled out. This information is essential for routing the document to the correct courthouse and jurisdiction for filing. If this field is blank, the form cannot be processed and will be returned to the filer.

Common Mistakes in Completing SC-135

Incorrect or Missing Case Number

Filers often forget to include the Small Claims Case Number or enter it incorrectly. This number is the primary identifier that links your motion to the original judgment. Without the correct case number, the court clerk cannot process the filing, leading to immediate rejection and delays in getting your motion heard.

Inconsistent Party Information

The plaintiff and defendant names and addresses must exactly match the official court record for the case. People frequently use nicknames, abbreviations, or new addresses not on file, which can cause service of notice to fail. This failure can lead to the dismissal of the motion, as the court requires proof that the other party was properly notified of the hearing.

Vague Declaration in Item 5

The section explaining the reason for vacating the judgment is the most critical part of the form. A common error is providing a vague or emotional statement like 'It wasn't fair' or 'I forgot,' instead of a specific, factual account. The court needs concrete facts, such as 'I was never served the original claim papers at my address,' supported by evidence if possible, to grant the motion.

Forgetting to Sign and Date the Form

Failing to sign the declaration under penalty of perjury is a fatal error. An unsigned form is legally invalid and will be rejected by the court clerk without exception. This simple oversight requires the filer to start the process over, potentially missing critical deadlines for filing the motion.

Confusing Key Dates in Items 3 and 4

Filers often mix up the 'date judgment was entered' (Item 3) with the 'date they first learned of the judgment' (Item 4). These dates are distinct and crucial for the court to determine if the motion was filed in a timely manner, especially if the reason for vacating is lack of notice. Using incorrect dates can undermine the credibility of the entire declaration.

Failing to Provide a Detailed Factual Basis

In Item 5a or 5b, filers must 'specify facts,' not legal arguments or conclusions. For example, instead of writing 'improper service,' you must state the facts: 'I have never lived at the address listed on the proof of service and can provide utility bills for my actual residence.' Failing to provide a clear, factual narrative gives the judge no basis to grant your request.

Incorrectly Filling Out Court-Use Sections

Anxious filers sometimes attempt to fill out every box on the form, including sections reserved for the court clerk. The 'HEARING DATE' box and the 'CLERK'S CERTIFICATE OF MAILING' are to be completed by court personnel only. Writing in these sections can cause confusion and may result in the clerk returning the form to be redone on a clean copy.

Not Selecting a Reason in Item 5

Filers sometimes write a detailed story in the space provided but forget to check box 5a ('I did not appear...') or 5b ('Other'). This is a procedural requirement that formally categorizes the reason for the motion. Omitting this checkmark can lead to the form being considered incomplete and returned by the clerk.

Using an Outdated Version of the Form

Courts periodically update their forms to reflect changes in laws and procedures. Using an old version, like the 'Rev. January 1, 2007' version shown, can result in an automatic rejection if a newer version is mandatory. Always check the court's official website for the most current version of any legal form before filling it out.

Illegible Handwriting or Data Entry Errors

When a form is not fillable and must be printed, people often submit it with illegible handwriting. This can cause errors in data entry by the court clerk, leading to notice problems or incorrect information in the case file. To avoid this, it's best to use a fillable PDF or a tool like Instafill.ai, which can convert flat PDFs into fillable versions and ensure all information is clear, properly formatted, and validated before printing.
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