California’s SPARE Act, passed as Assembly Bill 747, changes how process servers have to document service, starting with service attempted on or after January 1, 2027. If your office relies on substituted service or default judgments, these rules matter. Here is a plain-English summary from a registered process server’s point of view, and what you should expect from whoever serves your papers.
Need SPARE Act–ready service now?
Every attempt I make is already logged with a photo, date, time, and GPS location. Send an order from your office in about two minutes.
What the SPARE Act Changes
1. Three attempts on three different days, at three different times
Before a server moves to substituted service, they must make at least three good-faith attempts at personal delivery, on three different days and at three different times. A burst of attempts on the same afternoon will not support substituted service.
2. Photo and GPS documentation of every attempt
Servers must document the date, time, and location of each attempted or completed service, supported by time-stamped, GPS-tagged photos. In practice, that means a clear record of every stop, not a summary written days later.
3. Public registers of process servers
County clerks must make their registers of registered process servers publicly available. Courts, attorneys, and defendants will be able to confirm that a server is actually registered.
4. A new path to challenge defaults (CCP 473.2)
A companion bill, AB 2042, adds Code of Civil Procedure section 473.2. When a defendant shows evidence that service was not lawful, the party that obtained the default has to prove lawful service by a preponderance of the evidence, and the court cannot refuse a reasonable request for an evidentiary hearing with oral testimony. A weak or undocumented proof of service is now a real risk to your default judgment.
What This Means for Your Office
- Plan for more time before substituted service. Three attempts on different days means service windows should be built into your calendar.
- Ask for the attempt log. Make sure your server can give you photos and GPS data for each attempt if service is challenged.
- Use a registered server. A proof of service signed by a registered process server is presumed true as to the facts it states (Evidence Code §647), and a registered server’s fee is a recoverable cost (CCP §1033.5).
- Keep the file together. Store the proof of service with the attempt documentation so it is ready if a motion to set aside is filed.
How Wet Ink Notary Handles Service
I am Brent Hernandez, California Registered Process Server #2006 (San Bernardino County). I serve civil, family law, small claims, unlawful detainer, subpoena, and restraining order papers across Los Angeles, Orange, Riverside, and San Bernardino Counties. Every attempt is already documented with a photo, date, time, and GPS location, and you receive a signed proof of service ready to file. Rush and same-day service are available when the schedule allows.
Learn more on the process serving page, see services for law firms, or read whether a process server can leave papers at the door.
Send your next service order
Upload the documents, add the address, and choose standard, rush, or same-day service.
Frequently Asked Questions
When does the SPARE Act take effect?
Most provisions, including the service-attempt rules, apply to service attempted on or after January 1, 2027.
How many attempts are required before substituted service under AB 747?
At least three good-faith attempts at personal delivery, on three different days and at three different times.
Do process servers have to take photos of each attempt?
The SPARE Act calls for documented date, time, and location of each attempt, supported by time-stamped, GPS-tagged photos.
What happens if a defendant says they were never served?
Under the new CCP 473.2, once the defendant shows evidence that service was unlawful, the party that obtained the default must prove lawful service by a preponderance of the evidence.
Last updated October 2026. This article summarizes AB 747 and AB 2042 as reported in published bill summaries. Read the chaptered bill text and any Judicial Council guidance before relying on it for a specific case.
Wet Ink Notary LLC is not a law firm and cannot give legal advice.