Private works stop payment notice: notice of commencement of enforcement action within 5 days
5 days after date the stop payment notice enforcement action was commenced (filed), under Cal. Civ. Code 8550(e).
Rule text
(e) Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the persons to whom the stop payment notice was given.
Calculate this deadline
Deadline
Thursday, November 12, 2026
- Trigger (Date the stop payment notice enforcement action was commenced (filed)): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Civ. Code 8550(e)
(e) Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the persons to whom the stop payment notice was given.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Notice per Civ. Code 8100 et seq.; mailed notice complete on deposit (8116(b)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the stop payment notice enforcement action was commenced (filed) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date the stop payment notice enforcement action was commenced (filed)): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Notes
Notice per Civ. Code 8100 et seq.; mailed notice complete on deposit (8116(b)).
Related deadlines
- Mechanics lien (private works): preliminary notice within 20 days after first furnishing work (20 days after)
- Mechanics lien: direct contractor records claim of lien within 90 days after completion (no notice of completion/cessation recorded) (90 days after)
- Mechanics lien: direct contractor records claim of lien within 60 days after owner records notice of completion or cessation (60 days after)
- Mechanics lien: subcontractor/supplier/laborer records claim of lien within 90 days after completion (no notice recorded) (90 days after)
- Mechanics lien: subcontractor/supplier/laborer records claim of lien within 30 days after owner records notice of completion or cessation (30 days after)
- Owner may record notice of completion on or within 15 days after completion (15 days after)
- Owner gives copy of recorded notice of completion/cessation to direct contractor and preliminary-notice claimants within 10 days (10 days after)
- Mechanics lien: action to enforce (foreclose) lien within 90 days after recording claim of lien (90 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.