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 date the levying officer mailed the notice of claim of exemption (earnings withholding order), under Cal. Code Civ. Proc. 706.105(e)(1), (f).

Rule text

CCP 706.105(d): "A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption." CCP 706.105(e)(1): "If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause."

Cal. Code Civ. Proc. 706.105(e)(1), (f), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the levying officer mailed the notice of claim of exemption (earnings withholding order)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Code Civ. Proc. 706.105(e)(1), (f)
CCP 706.105(d): "A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption." CCP 706.105(e)(1): "If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause."
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 COURT, same 10-day period as the opposition (both run from the mailing date). Notice of the hearing must be given to the levying officer and served on the debtor at the times prescribed by CCP 1005(b) (base rule noticed_motion_notice; service deemed made on deposit in the mail). If the levying officer does not receive the opposition within 10 days and notice of hearing within 10 days after the opposition is filed, the levying officer terminates or modifies the order (706.105(f)). Runs from the DATE OF MAILING by the levying officer (706.105(c) requires first-class mail), so the mail allowance is built in; no 684.120 days added (conservative; LAWYER REVIEW). Wage claims of exemption themselves have no fixed filing deadline (706.105(a): any time if no prior hearing, or on a material change in circumstances). Section amended Stats. 2025, ch. 708 (AB 774), eff. Jan. 1, 2026.
  • 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 levying officer mailed the notice of claim of exemption (earnings withholding order) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date the levying officer mailed the notice of claim of exemption (earnings withholding order)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

Filed with the COURT, same 10-day period as the opposition (both run from the mailing date). Notice of the hearing must be given to the levying officer and served on the debtor at the times prescribed by CCP 1005(b) (base rule noticed_motion_notice; service deemed made on deposit in the mail). If the levying officer does not receive the opposition within 10 days and notice of hearing within 10 days after the opposition is filed, the levying officer terminates or modifies the order (706.105(f)). Runs from the DATE OF MAILING by the levying officer (706.105(c) requires first-class mail), so the mail allowance is built in; no 684.120 days added (conservative; LAWYER REVIEW). Wage claims of exemption themselves have no fixed filing deadline (706.105(a): any time if no prior hearing, or on a material change in circumstances). Section amended Stats. 2025, ch. 708 (AB 774), eff. Jan. 1, 2026.

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.