On October 10, 2025, Governor Newsom signed Assembly Bill 747 into law — the Service of Process Accountability, Reform and Equity (SPARE) Act. Set to take effect on January 1, 2027, this legislation represents the most significant overhaul of California’s service of process rules in over 50 years.

For attorneys, paralegals, and litigation support professionals filing in California courts, the SPARE Act introduces sweeping changes to how service must be documented, verified, and proven. Whether you handle unlawful detainer actions, civil litigation, or family law matters, understanding these new requirements now is critical to avoiding costly delays when the law goes into effect.

In this guide, Legal Document Server (LDS) breaks down everything you need to know about the SPARE Act and how our process serving team is already preparing for full compliance.

Why the SPARE Act Was Enacted

The SPARE Act was introduced to combat a longstanding problem in California’s legal system: “sewer service” — the practice of filing false proofs of service without ever actually delivering documents to the defendant. This fraudulent practice has resulted in thousands of default judgments entered against individuals who never received notice of the legal proceedings against them.

The consequences of sewer service are devastating. Tenants have lost their homes to unlawful detainer judgments they never knew existed. Consumers have had wages garnished over debts they were never notified about. The SPARE Act aims to close these loopholes by requiring verifiable, technology-backed proof that service actually occurred.

Key Changes Under AB 747

1. Photographic Documentation of Service

One of the most impactful provisions of the SPARE Act requires process servers to include at least one photograph of the service location with every proof of service for a summons, whether served personally, by substituted service, or by posting in unlawful detainer actions.

Each photograph must contain a readable stamp with GPS coordinates indicating the date, time, and location where service was effectuated or attempted. This geolocation requirement creates a verifiable digital record that ties the proof of service to a specific place and time.

There is a safety exception: photographs are not required if obtaining them would compromise the safety of the process server. However, this exception must be documented in the proof of service.

2. Codified “Reasonable Diligence” Standard

Before the SPARE Act, the standard for “reasonable diligence” when attempting personal service was largely defined by case law and varied in interpretation. AB 747 now codifies this standard, requiring:

• At least three good-faith attempts at personal delivery of the summons and complaint
• Attempts must be made on three different days
• Attempts must be made at three different times

This clear statutory definition eliminates ambiguity and ensures consistency across 50+ California counties. Process servers and attorneys can no longer rely on vague interpretations of what constitutes a sufficient number of attempts before resorting to substituted service.

3. Enhanced Default Judgment Protections

The SPARE Act strengthens protections for parties who did not actually receive service. Under the new law, a party who was improperly served can bring a motion to set aside or vacate a default or default judgment. The moving party must proffer evidence that service was not properly effected, while the burden shifts to the party who obtained the default to prove, by a preponderance of the evidence, that service was lawful.

This provision gives defendants a meaningful remedy when sewer service or other improper methods were used, making it harder for bad actors to benefit from fraudulent service.

4. Public Process Server Registry

Beginning January 1, 2027, the register of process servers maintained by each county clerk must be publicly available. This transparency measure allows attorneys, courts, and the public to verify that a process server is properly registered, adding an additional layer of accountability to the service of process system.

How the SPARE Act Affects California Litigators

Increased Documentation Requirements

Attorneys and their litigation support teams will need to ensure that every proof of service submitted to the court meets the new photographic and GPS documentation standards. Filings that lack the required photographs or GPS data may be challenged, potentially delaying proceedings or jeopardizing default judgments.

Stricter Standards for Substituted Service

The codified reasonable diligence standard means attorneys must verify that their process servers have made at least three documented attempts on different days and at different times before resorting to substituted service. Proofs of service that fail to demonstrate these attempts may be grounds for a motion to set aside any resulting default.

Greater Scrutiny of Default Judgments

With the enhanced motion to vacate provisions, opposing counsel and pro se defendants will have a stronger basis to challenge default judgments. Litigators seeking defaults should ensure their service documentation is beyond reproach to withstand these challenges.

What Law Firms Should Do Now to Prepare

Although the SPARE Act does not take effect until January 1, 2027, law firms and litigation support providers should begin preparing now:

• Audit your process serving vendors. Confirm that your process serving company has a plan for GPS-stamped photographic documentation. Ask about their technology platform and compliance timeline.
• Update internal procedures. Review your firm’s proof of service checklists to incorporate the new photo and GPS requirements once they take effect.
• Train your team. Ensure paralegals and legal assistants understand the new reasonable diligence standards and can verify that proofs of service meet all statutory requirements.
• Review pending cases. For cases with upcoming service requirements that may extend into 2027, plan service strategies that account for the new rules.

How Legal Document Server Ensures SPARE Act Compliance

At Legal Document Server, we are proactively implementing the infrastructure and procedures necessary for full SPARE Act compliance well ahead of the January 2027 deadline. Here is what sets our process serving team apart:

• GPS-enabled mobile technology: Our process servers use mobile devices equipped with GPS-stamped photo capabilities, ensuring every service attempt generates the documentation required under AB 747.
• Detailed attempt logs: Every service attempt is logged with the date, time, location, and outcome — providing a clear record that meets the new reasonable diligence standard.
• Registered and vetted servers: All LDS process servers are registered with their respective county clerks and undergo thorough background checks and ongoing training.
• Nationwide coverage: While the SPARE Act applies to California service, LDS provides process serving in all 50 states — ensuring your multi-jurisdictional cases are handled by a single, reliable partner.

The Bottom Line

The SPARE Act represents a landmark shift in how California handles service of process. By requiring photographic evidence, GPS verification, and clear diligence standards, AB 747 strengthens due process protections while holding process servers to a higher standard of accountability.

For California litigators, the message is clear: the era of unverifiable service is ending. Partnering with a process serving company that is already investing in compliance technology and documentation standards is the best way to protect your cases and your clients.

Legal Document Server is ready for the SPARE Act. Contact us today to learn how our process serving and eFiling services can support your litigation needs — in California and across all 50 states.