Post-judgment claim of right to possession: deliver rent deposit and fee (or fee waiver) to court
2 court days after date the completed claim was presented to the levying officer, under Cal. Code Civ. Proc. 1174.3(c)(1), (2).
Rule text
Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, an amount equal to 15 days’ rent together with the appropriate fee or form for proceeding in forma pauperis.
Calculate this deadline
- Trigger (Date the completed claim was presented to the levying officer): Friday, November 6, 2026.
- Count 2 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, November 10, 2026.
Cal. Code Civ. Proc. 1174.3(c)(1), (2)
Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, an amount equal to 15 days’ rent together with the appropriate fee or form for proceeding in forma pauperis.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
- Available only if a prejudgment claim was NOT served under 415.46 (or in post-foreclosure UD). The claim itself may be filed from service or posting of the writ up to the time the levying officer returns to evict (event-based, not modeled). Under (c)(2) the claimant may deliver only the fee or fee waiver (no rent deposit), and the hearing is then set for the fifth day after filing. Failure to deliver the fee results in immediate denial (1174.3(f)).
- 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 completed claim was presented to the levying officer on Monday, March 15, 2027, personal service: due Wednesday, March 17, 2027.
- Trigger (Date the completed claim was presented to the levying officer): Monday, March 15, 2027.
- Count 2 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, March 17, 2027.
Notes
Available only if a prejudgment claim was NOT served under 415.46 (or in post-foreclosure UD). The claim itself may be filed from service or posting of the writ up to the time the levying officer returns to evict (event-based, not modeled). Under (c)(2) the claimant may deliver only the fee or fee waiver (no rent deposit), and the hearing is then set for the fifth day after filing. Failure to deliver the fee results in immediate denial (1174.3(f)).
Related deadlines
- Writ of possession: occupants must vacate (earliest lockout) (5 days after)
- Personal property left after lockout: last day to reclaim (pay storage) (15 days after)
- Post-judgment claim of right to possession (rent deposited): earliest hearing (5 days after)
- Post-judgment claim of right to possession (rent deposited): latest hearing (15 days after)
- Post-judgment claim of right to possession (no rent deposit): hearing date (5 days after)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.