Before you start
Either side that missed the court date,the plaintiff or defendant, can ask for a new court date.
Toget 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 daysfromwhen thejudge's decisionwasmailed to you.
If the other sidedidn't serve you thePlaintiff'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 askto vacate the judge's decision.
This form and process arenot 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 fromwhen thejudge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.