CaseDefenderby Consumer Warrior

When is my Answer due in California?

Sued over a debt in California? You have 30 days from the day you were served to file a written Answer with the court. If day 30 lands on a weekend or court holiday, you get until the next day the court is open.

Calculate your Answer deadline

Uses Code of Civil Procedure §§ 412.20(a)(3), 12 and 12a, and the California courts' holiday calendar. Free, and nothing is saved.

The day the papers reached you. Don't worry about counting — the day you were served is not counted, and we handle that.

Use the day the papers were handed to you. If they were left with someone else instead, see the question about that below — you may have extra time.

Pick the date and check the box to calculate.

This calculator gives general information based on California's court rules. It cannot give you an official date — only the court can. To be sure, call the court clerk at the phone number on your papers.

What happens if you miss the deadline

If you don't file a written Answer in time, the company suing you can ask the court to win automatically. That is called a default judgment, and it is how most of these cases end. About 95% of people never respond. Once the company has a judgment, it can ask to take money from your paycheck or freeze your bank account.

Filing an Answer stops the automatic win. It makes the company prove its case. Debt buyers often can't, because the paperwork gets lost as debts are sold from company to company.

Official rules

Common questions

Does the day I was served count?

No. The court rules say to skip the day you got the papers and start counting the next day. Day 1 is the day after you were served.

Do weekends and holidays count?

Yes, every day counts, including weekends and holidays. There is one exception: if your last day lands on a Saturday, Sunday, or court holiday, you get until the next day the court is open. The calculator handles this for you.

What if the papers were left with someone at my home?

The clock usually starts the day the papers were left, even if you were not there. If you got the papers some other way, by mail or through a notice in a newspaper, the start date can be different. Call the court clerk at the number on your papers and ask when your response is due.

What if my deadline has already passed?

Act fast, but don't give up. Courts often accept an Answer right up until the company suing you asks the court to win automatically (a "default judgment"). Even after a default judgment, it can sometimes be undone if you move quickly.

The papers were left with someone else at my home or work. Does that change my date?

It can — in your favor. When California papers are left with another person and a copy is then mailed to you, the law says service is not "complete" until 10 days after the mailing, and your 30 days start then. Our calculator counts from the day the papers arrived, which is earlier — so the date it shows is safe. Call the court clerk to get your exact date.

My papers say Small Claims Court. Do I file an Answer?

No. California small claims cases don't use a written Answer — there's nothing to file to avoid a default. Your papers will show a hearing date, and you go to the hearing. This calculator is for regular civil cases, where a written Answer is required.

Why does day 30 sometimes move by several days?

California courts close on a few holidays other states don't have — like Lincoln's Birthday (February 12), Cesar Chavez Day (March 31), Native American Day (the fourth Friday of September), and the day after Thanksgiving. If your last day lands on one, you get until the next day the court is open, and the calculator handles that.

Need to file an Answer?

CaseDefender walks you through writing your own Answer, question by question, in plain English, so you can file it before your deadline.

Start my Answer

One important thing

CaseDefender is an online provider of legal fill-in-the-blank forms and general legal information. CaseDefender is not a law firm, does not act as your attorney, is not affiliated with any law firm, and does not provide legal advice or legal representation. CaseDefender's forms, courses, and other products are not a substitute for the advice of an attorney. No attorney-client relationship and no attorney-client privilege is created by using this service. You are representing yourself. Any document you produce is your own document: you are solely responsible for reviewing it for accuracy, for every legal decision you make, for confirming it complies with the rules of your court, and for filing and serving it on time. Court rules, deadlines, and the law vary by state and by court, and they are strict. CaseDefender cannot guarantee any result and is not responsible for the outcome of your case. If you want advice about your situation, consult a licensed attorney in your state; your state bar association maintains a referral directory.