Most SPARE Act changes start on January 1, 2027.
Assembly Bill 747, the Service of Process Accountability, Reform and Equity (SPARE) Act, was signed on October 10, 2025. Most of its changes become operative on January 1, 2027. The Legislature’s findings point to “sewer service”, where papers are never delivered but service is sworn to anyway, and to the California Supreme Court’s discussion of it in Cal. Capital Insurance Co. v. Hoehn (2024).
A follow-up bill, AB 2042, was signed on September 20, 2026. It clarifies when the new default rules apply and makes technical changes to the proof of service section.
| Change | What it means | Section |
|---|---|---|
| Reasonable diligence | Personal delivery attempted in good faith on at least three occasions, on three different days, at three different times | Code Civ. Proc. §§ 415.20, 415.45 |
| Photos on the proof | A photo of the site of each attempt, stamped with the date, time and GPS or equivalent coordinates | Code Civ. Proc. § 417.10 |
| Mailing after substituted service | First-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested | Code Civ. Proc. § 415.20 |
| Registration number | A registered server’s proof shows the number assigned by the county clerk | Code Civ. Proc. § 417.40 |
| Public register | Each county clerk’s register of process servers becomes publicly available | Bus. & Prof. Code § 22355 |
| Challenging a default | A party not properly served can move to set aside a default; the party who took it must prove lawful service | Code Civ. Proc. § 473.2 |
| Eviction complaints | Must state the date, time and location the termination notice was served | Code Civ. Proc. § 1166 |
Three attempts before substituted service or posting.
Substituted service on an individual is allowed only when the papers can’t be personally delivered with reasonable diligence. Until now the statute didn’t say what that meant. From January 1, 2027, section 415.20 says a party shows reasonable diligence by attempting personal delivery, in good faith, on at least three occasions on three different days at three different times. Section 415.45 uses the same standard before a court can order an unlawful detainer summons posted.
Some cases add a location rule. In an action to collect consumer debt, at least one attempt must be made at the person’s home, if it is known or could be found with reasonable effort. For posting in an unlawful detainer, at least one attempt must also be made at the home, except for commercial real property and participants in the state’s Safe at Home address confidentiality program.
Substituted service is still complete on the 10th day after mailing. With three attempts on separate days before it, start early enough to leave time for the proof to be filed.
A photo at every attempt.
For personal service, substituted service and posting, section 417.10 requires the proof of service to include one or more photographs of the site of each effected or attempted service. Each photo needs a readable stamp that automatically records the date, time and GPS or equivalent coordinates.
Two exceptions call for a written explanation instead. If there is no GPS, cellular or equivalent signal at the time and place, the server explains on or with the proof why the stamp is missing. If, in the server’s reasonable judgment, taking a photo would compromise their safety, the server documents the attempt and explains why. Service by mail under section 415.30 is still proved with the signed acknowledgment of receipt.
- A photo for every attempt, not only the one that succeeded
- A stamp recorded automatically with the date, time and coordinates
- At a home, the door of the person’s house or apartment
- At a business, the door of the specific office or place of business
- If the door isn’t reasonably accessible, the entrance, with a specific explanation why
- Taken as close as practicable to the time of the attempt
The proof of service and its forms.
Section 417.40 requires a proof of service signed by someone who must be registered as a process server, or by their employee or independent contractor, to show the number the county clerk assigned.
The Judicial Council has proposed a revised Proof of Service of Summons (form POS-010) with items for the photos, and a new optional Declaration of Diligence (form POS-012) to list each attempt. Both were drafts circulated for comment and not yet approved when this guide was written. Use the forms the Judicial Council adopts.
A public register of process servers.
With some exceptions, a person who serves process for compensation more than 10 times a year in California, or a corporation or partnership that earns compensation from service of process here, registers with the county clerk where they live or have their principal place of business. The clerk keeps a register, assigns a number and issues an identification card.
From January 1, 2027, section 22355 requires that register to be publicly available, so anyone can check that a server is registered. Affid is a registered and bonded California process server, and every process server who serves papers for Affid is a California registered process server.
When service is challenged.
New section 473.2 lets a party who wasn’t served as the law requires move to set aside or vacate a default or default judgment, for leave to defend, or for dismissal. The moving party offers evidence, by sworn affidavit or otherwise, that service wasn’t lawfully made. That rebuts the presumption that the facts in the process server’s return are true.
The party who sought the default then has to prove, by a preponderance of the evidence, that service was lawful. The court must take evidence and can’t deny a reasonable request for a hearing with oral testimony.
AB 2042 clarifies that this applies to service attempted or completed on or after January 1, 2027, and doesn’t change a court’s existing authority over proofs filed before then. A proof filed before that date isn’t unlawful just because it has no photo.
Eviction notices and complaints.
From January 1, 2027, section 1166 requires an unlawful detainer complaint to state the method used to serve the notice of termination and the date, time and location of effected service. A Judicial Council form complaint, or an attached proof of service of the notice, can supply it.
Landlords and property managers should keep a record of exactly when and where each notice was served, together with the posting rule described above.
What to do before January 1, 2027.
Affid already records the time, GPS location and a photo for every attempt. From January 1, 2027, the proof of service has to carry that kind of record, so plan requests with the new rules in mind.
- Allow time for three attempts on three days, then 10 days after mailing
- Give the person’s home address where you know it, especially in consumer debt and eviction cases
- Keep the photos and stamps for every attempt with the matter, not only the final proof
- Use the Judicial Council forms in effect when you file
- For eviction notices, record the date, time and place each notice was served
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide summarizes AB 747 (Stats. 2025, ch. 563) and AB 2042 (Stats. 2026, ch. 379) as published on California Legislative Information, checked November 4, 2026. It is not legal advice. The Judicial Council forms for 2027 were still proposals when this was written, so use the forms in effect when you file.
