Debt buyer action: motion to set aside default for lack of actual notice, not more than 180 days after first actual notice of the action

180 days after date the defendant first had actual notice of the action, under Cal. Civ. Code 1788.61(a)(2)(B), (a)(3)(A).

Rule text

Civ. Code 1788.61(a)(2): "Except as provided in paragraph (3), the notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:(A) Six years after entry of the default or default judgment against the person.(B) One hundred eighty days of the first actual notice of the action." (3)(A): "Notwithstanding paragraph (2), in the case of identity theft or mistaken identity, the notice of motion shall be served and filed within a reasonable time, but in no event exceeding 180 days of the first actual notice of the action."

Cal. Civ. Code 1788.61(a)(2)(B), (a)(3)(A), official source

Calculate this deadline

Deadline
Wednesday, May 5, 2027
  1. Trigger (Date the defendant first had actual notice of the action): Friday, November 6, 2026.
  2. Exclude the trigger day and count 180 calendar days: Wednesday, May 5, 2027.
Rules applied
Cal. Civ. Code 1788.61(a)(2)(B), (a)(3)(A)
Civ. Code 1788.61(a)(2): "Except as provided in paragraph (3), the notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:(A) Six years after entry of the default or default judgment against the person.(B) One hundred eighty days of the first actual notice of the action." (3)(A): "Notwithstanding paragraph (2), in the case of identity theft or mistaken identity, the notice of motion shall be served and filed within a reasonable time, but in no event exceeding 180 days of the first actual notice of the action."
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
  • Earlier of this and the 6-year limit. Sole limit for identity theft or mistaken identity claims (with FTC or police report, or supporting documentation).
  • 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 defendant first had actual notice of the action on Monday, March 15, 2027, personal service: due Monday, September 13, 2027.

  1. Trigger (Date the defendant first had actual notice of the action): Monday, March 15, 2027.
  2. Exclude the trigger day and count 180 calendar days: Saturday, September 11, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, September 13, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Notes

Earlier of this and the 6-year limit. Sole limit for identity theft or mistaken identity claims (with FTC or police report, or supporting documentation).

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.