Defendant's claim of exemption for noticed attachment hearing: not less than 5 court days before hearing

5 court days before hearing date on plaintiff's application for right to attach order, under Cal. Code Civ. Proc. 484.070(a), (e); 484.050(f).

Rule text

CCP 484.070(e): "The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing." CCP 484.070(a): "If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100."

Cal. Code Civ. Proc. 484.070(a), (e); 484.050(f), official source

Calculate this deadline

Deadline
Friday, October 30, 2026
  1. Trigger (Hearing date on plaintiff's application for right to attach order): Friday, November 6, 2026.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
Rules applied
Cal. Code Civ. Proc. 484.070(a), (e); 484.050(f)
CCP 484.070(e): "The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing." CCP 484.070(a): "If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100."
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
  • May be included in the notice of opposition (484.060(b)). Failure bars later exemption claims for PERSONAL property described in the application except on changed circumstances (482.100); for real property or property not described in the application, failure does not bar a later claim (484.070(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

Hearing date on plaintiff's application for right to attach order on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.

  1. Trigger (Hearing date on plaintiff's application for right to attach order): Monday, March 15, 2027.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.

Unsettled points

  • The calculator subtracts CCP 684.120 mail days from papers due before attachment and debtor-exam hearings, so mailed papers go out earlier, the safe direction.Other reading: If these papers are not 'notice' under 684.120(b), the unextended dates are enough.

Notes

May be included in the notice of opposition (484.060(b)). Failure bars later exemption claims for PERSONAL property described in the application except on changed circumstances (482.100); for real property or property not described in the application, failure does not bar a later claim (484.070(b)).

Related deadlines

All California civil 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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.