California AB 747: What the SPARE Act Means for Service of Process
California has enacted its most significant revision of service-of-process law in decades. Assembly Bill 747, known as the Service of Process Accountability, Reform and Equity (SPARE) Act, targets a long-standing problem in civil litigation: defendants who are never properly notified that they've been sued.
The new law strengthens due process protections and is the “most significant reform to California’s service of process rules in 50 years,” according to the Center for Consumer Law & Economic Justice at UC Berkeley School of Law.
Highlights of the new law include:
Photo verification, including GPS-tagged and time-stamped photo documentation
Three in-person attempts before using alternative methods of service
Ability to challenge default judgments obtained through improper and unlawful service of process
What California AB 747 is all about
The SPARE Act addresses what courts and consumer advocates call "sewer service," instances where a process server fails to properly deliver a summons and complaint, sometimes falsifying the proof of service rather than actually locating and notifying the defendant.
Lawmakers found that this practice disproportionately affects defendants in creditors’ rights cases, many of whom never appear in court simply because they never learned a case had been filed against them, leading to default judgments entered without their knowledge.
The bill responds to the precedent established in the California Supreme Court's 2024 decision in California Capital Insurance Co. v. Hoehn. In that ruling, the Court held that a judgment void for improper service can be challenged at any time, with no deadline for filing such a motion; AB 747 builds on that holding by codifying a similar mechanism directly into the Code of Civil Procedure, giving defendants a clearer statutory path to challenge default judgments obtained through defective service.
Another key change in laws that govern service of process in California: Once a defendant proffers evidence that service was not lawful, the party that obtained the default has to prove lawful service by a preponderance. The court must take evidence and cannot refuse a reasonable request for a hearing with oral testimony.
What's changing for service of process in California
According to the LegiScan record of the bill, California AB 747 amends, repeals, and adds Section 22355 of the Business and Professions Code, and amends, repeals, and adds Sections 415.20, 415.45, 417.10, 417.40, 473, 473.5, 585, and 1166 of the Code of Civil Procedure, while adding a new Section 473.2, all relating to service of process. Among the key changes:
Stricter standard for substitute service: Process servers must make at least three good-faith attempts at personal delivery, on three different days and at three different times, before substitute service becomes an option.
Documented proof of service: Servers must provide verified documentation of the date, time, and location of each attempted or completed service.
New relief for defective service: The bill adds Code of Civil Procedure Section 473.2, creating a clearer mechanism for defendants to challenge default judgments made through improper or fraudulent service.
Public process server registry: Beginning January 1, 2027, county clerks must make their registers of licensed process servers publicly available, adding a layer of transparency and accountability for consumers.
Who introduced and sponsored the SPARE Act
AB 747 was authored by Assemblymember Ash Kalra (D–San José), who chairs the Assembly Judiciary Committee. It was sponsored by the California Low Income Consumer Coalition (CLICC) and developed with the Center for Consumer Law & Economic Justice at UC Berkeley School of Law.
California AB 747 goes into effect January 1, 2027
Governor Gavin Newsom signed AB 747, a.k.a.the SPARE Act, into law on October 10, 2025, and it was filed with the Secretary of State the same day as Chapter 563, Statutes of 2025.
The bulk of its provisions—including the new service-attempt requirements and the public process-server registry—take effect January 1, 2027, giving process servers, attorneys, and county clerks time to adjust their procedures.
For professional process servers, AB 747 signals the legislature’s shift to requiring more rigorous documentation of their work and higher standards of verification.
Firms that already demand proper and well-documented service of process will be well-positioned for the transition; those that don't will need to update their practices well before the 2027 effective date.
You can read the full text of California AB 747 at LegiScan.
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