Creditor's statement opposing secured party's third-party claim (secured party petitioned): not later than 5 days before hearing
5 days before hearing date on the secured party's third-party claim, under Cal. Code Civ. Proc. 720.340(b); 684.120(b).
Rule text
CCP 720.340(b): "In a case where the secured party has petitioned for a hearing on the third-party claim, the creditor shall file the statement with the court and serve a copy of the statement on the secured party not later than five days before the date set for the hearing. Service shall be made personally or by mail."
Cal. Code Civ. Proc. 720.340(b); 684.120(b), official source
Calculate this deadline
- Trigger (Hearing date on the secured party's third-party claim): Friday, November 6, 2026.
- Count back 5 calendar days: Sunday, November 1, 2026.
- That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 30, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Code Civ. Proc. 720.340(b); 684.120(b)
CCP 720.340(b): "In a case where the secured party has petitioned for a hearing on the third-party claim, the creditor shall file the statement with the court and serve a copy of the statement on the secured party not later than five days before the date set for the hearing. Service shall be made personally or by mail."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
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Applies only if the creditor did not earlier file a 720.280 statement with the levying officer. Calendar days. LAWYER REVIEW whether 684.120 enlarges this period when served by mail; adjustments included conservatively (serve earlier).
- 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
Hearing date on the secured party's third-party claim on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Hearing date on the secured party's third-party claim): Monday, March 15, 2027.
- Count back 5 calendar days: Wednesday, March 10, 2027.
Unsettled points
- The calculator subtracts CCP 684.120 mail days from papers due before attachment and debtor-exam hearings, so mailed papers go out earlier, the safe direction.Other reading: If these papers are not 'notice' under 684.120(b), the unextended dates are enough.
Notes
Applies only if the creditor did not earlier file a 720.280 statement with the levying officer. Calendar days. LAWYER REVIEW whether 684.120 enlarges this period when served by mail; adjustments included conservatively (serve earlier).
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.