Execution sale where judgment creditor was the purchaser: judgment debtor's action to set aside the sale within 90 days after the sale

90 days after date of the execution sale (judgment creditor was the purchaser), under Cal. Code Civ. Proc. 701.680(c)(1).

Rule text

(c) If the sale was improper because of irregularities in the proceedings, because the property sold was not subject to execution, or for any other reason: (1) The judgment debtor, or the judgment debtor's successor in interest, may commence an action within 90 days after the date of sale to set aside the sale if the purchaser at the sale is the judgment creditor.

Cal. Code Civ. Proc. 701.680(c)(1), official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date of the execution sale (judgment creditor was the purchaser)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Code Civ. Proc. 701.680(c)(1)
(c) If the sale was improper because of irregularities in the proceedings, because the property sold was not subject to execution, or for any other reason: (1) The judgment debtor, or the judgment debtor's successor in interest, may commence an action within 90 days after the date of sale to set aside the sale if the purchaser at the sale is the judgment creditor.
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
  • Only where the judgment creditor bought at the sale; sales to third parties are absolute (701.680(a)) and the remedy is damages (701.680(c)(2)). The purchaser is not a successor in interest (701.680(d)). Does not affect equitable redemption (701.680(e)). Section amended by Stats. 2014, ch. 183 (AB 2317).
  • 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 of the execution sale (judgment creditor was the purchaser) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date of the execution sale (judgment creditor was the purchaser)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Notes

Only where the judgment creditor bought at the sale; sales to third parties are absolute (701.680(a)) and the remedy is damages (701.680(c)(2)). The purchaser is not a successor in interest (701.680(d)). Does not affect equitable redemption (701.680(e)). Section amended by Stats. 2014, ch. 183 (AB 2317).

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.