Judgment debtor's exemption claim in third-person examination: file and personally serve not later than 3 days before the examination

3 days before date set for the third-person examination, under Cal. Code Civ. Proc. 708.120(d).

Rule text

CCP 708.120(d): "The judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment by application to the court on noticed motion, filed with the court and personally served on the judgment creditor not later than three days before the date set for the examination."

Cal. Code Civ. Proc. 708.120(d), official source

Calculate this deadline

Deadline
Tuesday, November 3, 2026
  1. Trigger (Date set for the third-person examination): Friday, November 6, 2026.
  2. Count back 3 calendar days: Tuesday, November 3, 2026.
Rules applied
Cal. Code Civ. Proc. 708.120(d)
CCP 708.120(d): "The judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment by application to the court on noticed motion, filed with the court and personally served on the judgment creditor not later than three days before the date set for the examination."
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
  • Calendar days, backward. Personal service required. No separate notice of opposition is required from the creditor.
  • 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 set for the third-person examination on Monday, March 15, 2027, personal service: due Friday, March 12, 2027.

  1. Trigger (Date set for the third-person examination): Monday, March 15, 2027.
  2. Count back 3 calendar days: Friday, March 12, 2027.

Notes

Calendar days, backward. Personal service required. No separate notice of opposition is required from the creditor.

Related deadlines

All California civil deadlines

Local rules by county

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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.