Consumer debt: earliest new application for debtor examination after cancellation: one year after the prior application

12 months after filing date of the prior application and order for appearance and examination, under Cal. Code Civ. Proc. 708.111(d)(7).

Rule text

CCP 708.111(d)(7): "If the examination is canceled because the judgment creditor does not object or for another reason, the judgment creditor shall not file another application and order for appearance and examination until one year from the date of the prior filed application and order for appearance and examination."

Cal. Code Civ. Proc. 708.111(d)(7), official source

Calculate this deadline

Deadline
Monday, November 8, 2027
  1. Trigger (Filing date of the prior application and order for appearance and examination): Friday, November 6, 2026.
  2. Add 12 months: Saturday, November 6, 2027.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, November 6, 2027.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, November 8, 2027.
Rules applied
Cal. Code Civ. Proc. 708.111(d)(7)
CCP 708.111(d)(7): "If the examination is canceled because the judgment creditor does not object or for another reason, the judgment creditor shall not file another application and order for appearance and examination until one year from the date of the prior filed application and order for appearance and examination."
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
  • Waiting period (earliest date), not a deadline; roll none.
  • 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

Filing date of the prior application and order for appearance and examination on Monday, March 15, 2027, personal service: due Thursday, March 16, 2028.

  1. Trigger (Filing date of the prior application and order for appearance and examination): Monday, March 15, 2027.
  2. Add 12 months: Wednesday, March 15, 2028.
  3. The period includes its last day, so the earliest day to act is the next court day: Thursday, March 16, 2028.

Unsettled points

  • The calculator shows the first day to file a new application as the day after the one-year anniversary, the later and safe date.Other reading: If filing on the anniversary itself is allowed, the first permitted day is one day earlier.

Notes

Waiting period (earliest date), not a deadline; roll none.

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.