Debt buyer action: motion to set aside default or default judgment for lack of actual notice, outer limit 6 years after entry (earlier of this or 180 days after actual notice)
72 months after date the default or default judgment was entered, under Cal. Civ. Code 1788.61(a)(2)(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."
Calculate this deadline
- Trigger (Date the default or default judgment was entered): Friday, November 6, 2026.
- Add 72 months: Saturday, November 6, 2032.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2032 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Civ. Code 1788.61(a)(2)(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
- Displaces CCP 473.5's 2-year/180-day limits for debt buyer cases. Whichever is earlier: also calendar debt_buyer_default_set_aside_180_days_actual_notice. Must be within a reasonable time in any event. No 6-year limb for identity theft or mistaken identity (180 days only).
- 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 default or default judgment was entered on Monday, March 15, 2027, personal service: due Tuesday, March 15, 2033.
- Trigger (Date the default or default judgment was entered): Monday, March 15, 2027.
- Add 72 months: Tuesday, March 15, 2033.
Notes
Displaces CCP 473.5's 2-year/180-day limits for debt buyer cases. Whichever is earlier: also calendar debt_buyer_default_set_aside_180_days_actual_notice. Must be within a reasonable time in any event. No 6-year limb for identity theft or mistaken identity (180 days only).
Related deadlines
- Objections to proposed judgment [through Dec. 31, 2026] (10 days after)
- Party ordered to prepare proposed judgment (no statement of decision) [through Dec. 31, 2026] (10 days after)
- Objections to proposed judgment [operative Jan. 1, 2027] (10 days after)
- Obtain default judgment after default entered (45 days after)
- Motion to set aside default for lack of actual notice (2-year outer limit) (24 months after)
- Motion to set aside default for lack of actual notice (180 days after notice) (180 days after)
- Motion to set aside default in consumer case filed in wrong venue (CCP 585.5) (60 days after)
- Motion for attorney fees (trial court fees), unlimited civil: within time to appeal, 60 days after notice of entry (60 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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.