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

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Form SC-135, Notice of Motion to Vacate Judgment and Declaration (Small Claims), page 1
Basic · 38/100Form Complexity Index

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What this form asks for

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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.
Fillable fields39
Pages1
Form Complexity IndexBasic, 38/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

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.

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.

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.

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.

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.

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.

And 8 more checks
  • Validates Judgment Discovery Date
  • Ensures Logical Date Sequence for Judgment
  • Requires Selection of Reason for Motion
  • Ensures Explanation for Non-Appearance is Provided
  • Ensures Explanation for 'Other' Reason is Provided
  • Validates Declaration Date Presence
  • Ensures Declarant's Printed Name is Provided
  • Verifies Court Name and Address is Complete

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How to Fill Out SC-135 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the SC-135, Notice of Motion to Vacate Judgment and Declaration form.
  2. Use the AI assistant to automatically populate the court name, address, and the small claims case number from your case documents.
  3. Enter the full names, addresses, and telephone numbers for all plaintiffs and defendants as listed in the original case.
  4. Provide the date the judgment was entered against you and the date you first became aware of the judgment.
  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. Review the entire form for accuracy, then digitally or manually sign and date the declaration under penalty of perjury.
  7. Download the completed form to print and file with the court clerk, ensuring you follow all local court rules for service.

Common Mistakes in Completing SC-135

The ones the AI is built to catch.

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.

Frequently Asked Questions About SC-135

 

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Can I fill other forms too?
This plan is for your SC-135: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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From your account, in two clicks, any time. No email, no call.
How does the AI fill out SC-135?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of SC-135, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is SC-135 to fill out?
SC-135 has a Form Complexity Index of 38 out of 100, in the basic tier: 39 fillable fields across 1 page. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form SC-135, Notice of Motion to Vacate Judgment?
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.
Who needs to fill out this form?
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.
Is there a deadline to file this motion?
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.
What information do I need to have ready to complete this form?
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.
How do I fill out the 'HEARING DATE' section?
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.
What kind of reason should I provide in Section 5 for asking to cancel the judgment?
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.
What happens after I file Form SC-135?
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.
What should I bring to the hearing on my motion?
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.
Do I need to mail a copy of this form to the other party?
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.
What happens if the judge agrees to vacate the judgment?
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.
Can AI tools help me fill out this form?
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.
How can I fill out Form SC-135 online?
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.
The PDF of Form SC-135 I downloaded is not fillable. What can I do?
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.
What is the 'small claims advisor' mentioned at the bottom of the form?
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.
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small claims forms: Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, Judicial Council of California Form SC-104, Proof of Service (Small Claims), SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims), Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Judicial Council of California Form SC-104, Proof of Service (Small Claims), Judicial Council of California Form SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims), SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Form SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court, Form N161, Appellant’s notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100), Form N161, Appellant's Notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), Form SC-100A, Other Plaintiffs or Defendants (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court), Form A, Claim Form, European Small Claims Procedure, Form EJ-001, Abstract of Judgment—Civil and Small Claims, Form SC-109, Authorization to Appear (Small Claims), Form SC-112A, Proof of Service by Mail (Small Claims), Form SC-114, Request to Amend Party Name Before Hearing (Small Claims), Form SC-132, Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment)

court claim forms: Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, Judicial Council of California Form SC-105, Request for Court Order and Answer (Small Claims), SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), SC-105, Request for Court Order and Answer (Small Claims), Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims), Form SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court, Certificate of Service (Civil Court Claim), Form N161, Appellant’s notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100), Form N161, Appellant's Notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), Form SC-100A, Other Plaintiffs or Defendants (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court), Form N461: Claim for judicial review, Statement of Small Claim and Notice, Trial Court of Massachusetts, State of Michigan, Form MC 25, Notice of Intent to Escheat Unclaimed Personal Property, Form MC 35, Complaint, Claim and Delivery, Form MC 36, Motion for Possession Pending Judgment, Claim and Delivery, Order of Possession Pending Judgment, Claim and Delivery, Form MC 38, Bond, Claim and Delivery, Form MC 39, Judgment, Claim and Delivery, Form MC 55, Claim of Appeal

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