Serve plaintiff's claim and order: defendant resides outside the county

20 days before hearing date, under Cal. Code Civ. Proc. 116.340(b), (d).

Rule text

(b) Service of the claim and order on the defendant shall be completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county in which the action is filed. (d) Service by the methods described in subdivision (a) shall be deemed complete on the date that the defendant signs the mail return receipt, on the date of the personal service, as provided in Section 415.20, or as established by other competent evidence, whichever applies to the method of service used.

Cal. Code Civ. Proc. 116.340(b), (d), official source

Calculate this deadline

Deadline
Friday, October 16, 2026
  1. Trigger (Hearing date): Friday, November 6, 2026.
  2. Count back 20 calendar days: Saturday, October 17, 2026.
  3. That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 16, 2026 (see Cal. Code Civ. Proc. 12c).
Rules applied
Cal. Code Civ. Proc. 116.340(b), (d)
(b) Service of the claim and order on the defendant shall be completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county in which the action is filed. (d) Service by the methods described in subdivision (a) shall be deemed complete on the date that the defendant signs the mail return receipt, on the date of the personal service, as provided in Section 415.20, or as established by other competent evidence, whichever applies to the method of service used.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
  • Completion of service (116.340(d)): clerk-mailed service (return-receipt mail) is complete on the date the defendant SIGNS the return receipt, which the server cannot control, so allow ample time; personal service is complete on delivery; substituted service under 415.20 is complete on the 10th day after mailing (see service_method_adjustments). CCP 1013 mail extensions do not apply. If service is not timely and the defendant does not appear, the court must postpone the hearing at least 15 days (116.570(b)). Residence, not place of service, picks 15 vs 20 days. Service must generally be made within California (116.340(e)-(g) exceptions for out-of-state real property owners and nonresident motorists). The date shown is moved back to a court day for safety; personal service may lawfully be completed on a weekend. [Validation 2026-11, Q0109. Authority: Cal. Code Civ. Proc. 12c(a)]
  • 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

Hearing date on Monday, March 15, 2027, personal service: due Tuesday, February 23, 2027.

  1. Trigger (Hearing date): Monday, March 15, 2027.
  2. Count back 20 calendar days: Tuesday, February 23, 2027.

Notes

Completion of service (116.340(d)): clerk-mailed service (return-receipt mail) is complete on the date the defendant SIGNS the return receipt, which the server cannot control, so allow ample time; personal service is complete on delivery; substituted service under 415.20 is complete on the 10th day after mailing (see service_method_adjustments). CCP 1013 mail extensions do not apply. If service is not timely and the defendant does not appear, the court must postpone the hearing at least 15 days (116.570(b)). Residence, not place of service, picks 15 vs 20 days. Service must generally be made within California (116.340(e)-(g) exceptions for out-of-state real property owners and nonresident motorists). The date shown is moved back to a court day for safety; personal service may lawfully be completed on a weekend. [Validation 2026-11, Q0109. Authority: Cal. Code Civ. Proc. 12c(a)]

Related deadlines

All California small claims deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.