Process servers are now required to show proof of due diligence when serving parties in California. AB 747, the bill known as the SPARE (“Service of Process Accountability, Reform, and Equity”) Act was signed into law by California Governor Gavin Newsom and is set to take effect on January 1, 2027. The act introduces significant reforms on service of process procedures and addresses concerns about fraudulent service of process (i.e., “sewer service”), particularly in eviction cases, by implementing stricter standards and enhanced documentation requirements.

What is “Sewer Service”?

“Sewer service” refers to instances in which a process server fails to properly notify someone they are being sued, often intentionally, and sometimes by literally discarding the court summons in the trash. This practice allows a lawsuit to proceed without the party’s knowledge and often leads to people losing cases by default. The party often ends up with their wages garnished or bank accounts drained years later, along with an inflated balanced on the original debt. The goal of the SPARE Act is to protect Californians who have been subject to lawsuits without ever knowing about it or being able to defend themselves from it. Ensuring the service is proper and timely means the process will be fairer for all people involved.

Changes under the SPARE Act

Under the new law, county clerks will be required to make registers of process servers publicly available beginning in 2027. This is done to increase transparency and accountability in the process serving industry. The new law establishes a clear definition of what constitutes “reasonable diligence” for service of process in specified civil cases. The standard of reasonable diligence means at least three good-faith attempts must be made at personal delivery of the service of summons and complaint, and these three good-faith efforts must be made at three different times, on three different days before alternative service methods (e.g., substituted service or posting) can be used.

Process servers will also be required to provide more documentation for their proofs of service. When a summons is served personally, by substituted service, or by posting in unlawful detainer actions, the proof of service must now include at least one photograph of the service location, along with a readable stamp and GPS coordinates indicating the date, time, and location of service. If GPS or cellular signal is unavailable at the time and place of service, the process server must provide a detailed statement explaining this on the proof of service.

For defendants in civil actions, the law strengthens protections against improper service by allowing parties who did not receive proper service to bring motions to set aside defaults or default judgments. The bill shifts the burden of proof, requiring the party seeking the default or default judgment to prove service was lawful, rather than placing the burden on the defendant to prove improper service. Courts will be required to conduct hearings and receive oral testimony if requested by either party in these proceedings.

For unlawful detainer cases specifically, the bill adds a requirement that complaints must include information describing the date, time, and location of service of the termination notice. The problem of sewer service and the high rate of debt collection default judgments have meant that many Californians have experienced the hardship and upheaval of surprise garnishments or evictions, making this reform critically needed. The bill’s implementation date of January 1, 2027, was chosen to give courts sufficient time to develop new forms and procedures and for plaintiffs and process servers to adapt their processes.

Key Takeaways

Beginning in 2027, your firm and process servers will need to adapt to significantly stricter documentation and attempt requirements. While the details of these requirements remain murky in some cases (e.g., the content of photographic evidence for proof of a failed service is not strictly defined). As we await clarification on photographic requirements, firms should still begin to implement the procedures that have a clear path to compliance.

The key point to remember here is that the burden of proof is now shifting from one side to the other: the party serving the documents is now required to prove that proper service was completed or attempted. Litigators now bear this burden by proving by a preponderance of the evidence that service was lawful, and so meticulous documentation is essential to protect against further challenges of default judgments.

In preparation, firms may consider conducting training sessions for staff on the new requirements well in advance of the January 1, 2027, effective date. Any existing vendors who provide process services should be reviewed to ensure they comply with the new requirements. Finally, updating case management systems to track enhanced documentation requirements should be established and standardized. Taking these precautions can help firms ensure they do not find their judgments set aside unexpectedly due to improper service.

< See all News / Events