Debtor's declaration seeking relief from order for sale of dwelling after nonappearance: 10 days after service of notice of the order
10 days after date the notice of the order for sale was served on the judgment debtor or spouse, under Cal. Code Civ. Proc. 704.790(d); 684.120(b).
Rule text
CCP 704.790(d): "If, within 10 days after service of notice of the order, the judgment debtor or the judgment debtor's spouse files with the levying officer a declaration that the absence of the judgment debtor and the judgment debtor's spouse or the attorney for the judgment debtor or the judgment debtor's spouse from the hearing was due to mistake, inadvertence, surprise, or excusable neglect and that the judgment debtor or spouse of the judgment debtor wishes to assert the homestead exemption, the levying officer shall transmit the declaration forthwith to the court."
Cal. Code Civ. Proc. 704.790(d); 684.120(b), official source
Calculate this deadline
- Trigger (Date the notice of the order for sale was served on the judgment debtor or spouse): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 704.790(d); 684.120(b)
CCP 704.790(d): "If, within 10 days after service of notice of the order, the judgment debtor or the judgment debtor's spouse files with the levying officer a declaration that the absence of the judgment debtor and the judgment debtor's spouse or the attorney for the judgment debtor or the judgment debtor's spouse from the hearing was due to mistake, inadvertence, surprise, or excusable neglect and that the judgment debtor or spouse of the judgment debtor wishes to assert the homestead exemption, the levying officer shall transmit the declaration forthwith to the court."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
- Filed with the LEVYING OFFICER. 684.120 extension applies if the notice was mailed. The court then sets a hearing not later than 20 days after receipt (court action; not modeled).
- 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 notice of the order for sale was served on the judgment debtor or spouse on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the notice of the order for sale was served on the judgment debtor or spouse): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Filed with the LEVYING OFFICER. 684.120 extension applies if the notice was mailed. The court then sets a hearing not later than 20 days after receipt (court action; not modeled).
Related deadlines
- Claim of exemption after levy (notice of levy personally served): 15 days after service (15 days after)
- Claim of exemption after levy (notice of levy served by mail): 20 days after service (20 days after)
- Judgment creditor's notice of opposition to claim of exemption and notice of motion: 15 days after service of notice of claim of exemption (15 days after)
- Hearing on claim of exemption: not later than 30 days after notice of motion filed (30 days after)
- Judgment creditor serves notice of hearing and opposition on exemption claimant: not less than 10 days before hearing (10 days before)
- Wage garnishment: judgment creditor's notice of opposition to claim of exemption: 10 days after levying officer mailed notice of claim (10 days after)
- Wage garnishment: judgment creditor's notice of motion for hearing on claim of exemption: 10 days after levying officer mailed notice of claim (10 days after)
- Wage garnishment: hearing on claim of exemption not later than 30 days after notice of motion filed (30 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.