California's SPARE Act (AB 747) takes effect on January 1, 2027. From that date, a proof of service for personal delivery, substituted service, or unlawful detainer posting must include a photo of the site of every attempt, stamped with the date, time, and GPS coordinates. Substituted service on an individual also requires three good-faith attempts at personal delivery, on three different days, at three different times.
That's the summary. Here's the part that matters.
Until now, a proof of service was a sworn statement. Starting January 1, it's a sworn statement plus evidence. And when a defendant says they were never served, the evidence is what gets looked at.
Why this law exists
The Legislature wrote AB 747 to stop "sewer service": a proof of service signed for a service that never happened. The defendant never learns about the case, a default gets entered, and they find out when their wages are garnished or the lockout notice arrives. It shows up most in consumer debt and eviction cases, which is why both get extra rules.
You don't run sewer service. That's not the point. The point is that the bar for every proof just went up, including yours, and a proof that was routine in December is a weak proof in January.
Follow one service job through the new rules
1. Before the first attempt: the address
In a consumer debt case, at least one attempt must be made at the defendant's dwelling or usual place of abode, if that address is known or could be determined with reasonable effort (CCP 415.20(b)). Unlawful detainer posting carries a similar home-attempt rule, with some exceptions (new CCP 415.45(d)(1)). "Could be determined with reasonable effort" means a stale address from a 2019 credit application is a liability. Address research is now part of diligence, not a nice-to-have.
2. The attempts: three, three, three
Before you can use substituted service on an individual, you show reasonable diligence by attempting personal delivery "in good faith, on at least three occasions on three different days at three different times." Three visits on one Saturday don't count. Three Tuesdays at 9 a.m. don't count either.
This applies to individuals under CCP 415.20(b). Substituted service on corporations and other entities under 415.20(a) does not carry the three-attempt requirement.
3. Every attempt gets a photo. Including the ones that fail.
CCP 417.10, as amended, requires one or more photos of the site of each effected or attempted service. Each photo must:
- carry a readable stamp that automatically records the date, time, and GPS (or equivalent) coordinates;
- be taken as close as reasonably practicable to the attempt;
- show the door of the residence or business, or the building or office entrance if the door isn't reasonably accessible. For a park, a sidewalk, or a parking lot, photograph the site.
The photo shows the place, not the person. Nobody has to be in the frame.
Two exceptions, both requiring a detailed written statement on or with the proof:
- No signal. No GPS or mobile signal? Take the photo anyway and explain why the stamp is missing.
- Safety. If, in the server's reasonable judgment, taking a photo would compromise their safety, they can skip it, and explain why.
A missing photo with no statement is not an exception. It's a defect.
4. The mailing step changed too
Substituted service still ends with mailing a copy. AB 747 spells out how: USPS first-class mail, Priority Mail with tracking, or Certified Mail with return receipt, postage prepaid. Check that your mailing step matches.
5. The proof itself
The Judicial Council has proposed a revised Proof of Service of Summons (POS-010) with new items for the photo, the stamp, and the no-signal and safety explanations, plus a new Declaration of Diligence (POS-012) that walks through each attempt. Family law and probate proofs get their own revisions. Watch for the final versions before January 1 and switch the day they're effective.
6. The default
AB 747 amends CCP 585(b) to say the clerk can't enter default without proof of service of the summons. Not just service. Proof. Your default is now exactly as strong as the file behind it.
Unlawful detainer has two extra moving parts
- Posting and mailing now requires the same three-attempt showing of diligence first, and the proof of posting must carry the same photo evidence as personal or substituted service.
- The complaint must state how the termination notice was served: method, date, time, and location (CCP 1166(a)(5)). The diligence rules don't apply to the notice itself, but you now have to disclose how it was delivered.
Who it applies to
Everyone who serves civil process in California. The requirements attach to the service and the proof, not to the server's registration. That includes:
- registered process servers;
- sheriffs and marshals;
- licensed private investigators;
- out-of-state servers serving a California defendant;
- the office runner, the paralegal, or the friend who "just drops it off."
Separately, from January 1, county process server registries become publicly available statewide. Anyone can look your server up.
What it doesn't change
- Criminal cases.
- Subpoenas.
- Service by publication, court-ordered alternative service, and service on counsel after appearance.
- Registration thresholds for process servers (Business & Professions Code 22350).
- The basic framework for serving entities through their registered agent. The photo rules still apply when a covered method is used.
The upside nobody is talking about
Since January 2026, SB 85 lets a court authorize service by email or other electronic means when a plaintiff can't serve by the methods in the code despite reasonable diligence (CCP 413.30). To get there, you have to set out every attempt by every method at every likely address.
An AB 747-grade record of attempts (dated, timed, photographed, located) is exactly that showing. Do diligence properly once and you've built the record for both substituted service and an alternative-service motion.
What to do before January 1
- Ask every service vendor one question: will each attempt come back with a photo carrying a visible date, time, and GPS stamp? Get the answer in writing.
- Stop in-house service by untrained staff, or train them on the photo and diligence rules now.
- Decide who reviews proofs before filing, and what they check.
- Plan storage. Photos and attempt logs belong in the matter file, not on a server's phone.
- Watch the Judicial Council forms page and switch to the revised forms on their effective date.
We built a one-page audit for step 3: Download the AB 747 Proof of Service Audit
How InfoTrack handles service in California
Every attempt is logged with GPS, a timestamp, and a photo, as it happens. You see each attempt in your matter as it's made, not in a PDF a week later. Servers are vetted local professionals who know your courts. When the proof is ready, review it and file it in one click, in the same place you filed the complaint. And if the address is the problem, Address Research finds a better one.
No subscription. You pay per serve.
FAQ
When does the SPARE Act take effect?
January 1, 2027. AB 747 was signed on October 10, 2025.
How many attempts does California require before substituted service?
Three good-faith attempts at personal delivery, on three different days, at three different times (CCP 415.20(b)). In consumer debt cases, at least one must be at the defendant's home if it's known or could be found with reasonable effort.
Do failed service attempts need a photo?
Yes. Every effected or attempted service needs a photo of the site with a readable date, time, and GPS stamp, unless the server documents a lack of signal or a safety concern in a detailed statement.
Does the SPARE Act apply if a non-registered person serves the papers?
Yes. The rules attach to the service and the proof of service, not to the server's registration status.
Does the SPARE Act apply to serving a corporation?
The three-attempt diligence standard doesn't apply to substituted service on corporations and other entities under CCP 415.20(a). Photo documentation still applies when a covered service method is used.
Sources
- AB 747 (SPARE Act), California Legislative Information
- Judicial Council of California, Invitation to Comment SPR26-08: Rules and Forms to Implement Changes in Law Regarding Civil Summons
- Judicial Council forms: latest changes
This article is general information, not legal advice. Confirm current rules, form versions, and effective dates with the statute and the Judicial Council before relying on it.
