The following do not apply in small claims actions:
§ 116.140.Provisions not applicable in small claims actions
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 1. General Provisions · Enacted 1991 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.140 turns off two ordinary civil procedure rules for small claims cases: the extra time allowed when a notice or paper is served by mail, and the entire body of law on prejudgment attachments.
Full Text of § 116.140
(a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail.
(b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments.
Plain-English Summary
Ordinary civil procedure gives a party extra days to respond when a paper is served by mail, under §§ 1013 and 1005(b). Section 116.140(a) turns that extension off for small claims actions, keeping the chapter’s own mail and service deadlines as the only ones that apply.
Section 116.140(b) removes an entire remedy: Title 6.5 of Part 2, on prejudgment attachments, does not operate in small claims cases. A prejudgment attachment lets a creditor freeze a defendant’s property before trial to secure a future judgment — a procedure that involves its own motions, bonds, and hearings the small claims system is not built to handle.
Frequently Asked Questions
Does small claims court give extra time to respond when papers are served by mail?
No. Section 116.140(a) makes the ordinary mail-extension rules of §§ 1013 and 1005(b) inapplicable in small claims actions, so the chapter’s own deadlines control instead.
Can a plaintiff get a prejudgment attachment in small claims court?
No. Section 116.140(b) states that Title 6.5 (commencing with § 481.010), which governs prejudgment attachments, does not apply to small claims actions.
Amendment History
Added Stats 1991 ch 915 § 2 (SB 771).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: prejudgment attachment small claims californiasmall claims mail extension rule