California AB 747 Is Changing Process Serving in 2027. We Started Building for This Before It Was Law.
By Serhii Martynenko, Founder of ProofSer
Updated
I have spent enough time standing outside houses, apartment complexes, and office buildings to understand something that is easy to miss if you have never worked as a process server.
The actual attempt is only part of the job. Sometimes it is the easiest part.
The harder part comes afterward, when somebody needs to establish exactly what happened at that address.
What time did the server arrive? Which entrance did they approach? Was the person identified? Did somebody answer? Did the server reach the door, or was access blocked? Were the documents actually delivered? What information was available when the next attempt was planned?
These questions can sound like administrative details until someone challenges service.
Then they become the entire conversation.
That is why California Assembly Bill 747 caught my attention.
AB 747, formally titled the Service of Process Accountability, Reform and Equity Act, or SPARE Act, was signed into law on October 10, 2025. Its major new process serving requirements become operative on January 1, 2027. California subsequently enacted AB 2042 on September 20, 2026, clarifying parts of the framework.
The legislation addresses problems that have existed in process serving for years: weak documentation, questionable attempts, improper service, and the possibility that someone could face a default judgment without receiving proper notice of the lawsuit.
But what interested me most was something else.
We had already been building our own process serving technology around many of the same problems.
Not because we knew what the Legislature would eventually require. We were simply tired of watching important field information become scattered across messages, photographs, notes, and people’s memories.
When I read the new requirements, I recognized the direction immediately.
California was moving toward a more verifiable record of what happens in the field.
That was exactly the problem we had been trying to solve at ProofSer.
Key Takeaway
Beginning January 1, 2027, California AB 747 will make specified summons service more document intensive. Covered attempts under Code of Civil Procedure sections 415.10, 415.20, and 415.45 will require site photographs with readable, automatically recorded date, time, and GPS or equivalent coordinates, subject to statutory exceptions. The law also defines reasonable diligence for specified methods, makes county process server registers publicly available, and creates a more explicit framework for challenges to service. AB 2042 clarifies how parts of that framework apply. For process serving providers, the real operational challenge is not collecting one photograph. It is connecting each field event to a complete, accurate, reviewable case history.
The Problem Was Never Just Getting Someone to the Door
There is a version of process serving that looks very simple from the outside.
The law firm sends documents. The process server visits an address. The person is served. A Proof of Service gets filed.
In reality, even a relatively straightforward assignment can generate a surprising amount of information.
A client sends a photograph of the defendant. Later, the client provides a different address. A process server visits the residence in the afternoon and nobody answers. A vehicle is parked outside, but there is no reliable confirmation that the defendant is home. On another visit, someone answers through a security camera. A third attempt reveals that the person may be working evenings.
Every one of those details might help determine what should happen next.
Now imagine that the server is handling eight other assignments that day.
By the time the office asks for the complete history, where is that information?
Some of it may be in text messages. Some may be in the server’s phone gallery. The exact time may be in an app. The conversation with the occupant may exist only in the server’s memory.
This is not automatically dishonest or negligent. I have seen how quickly a normal working day becomes complicated when several clients, deadlines, and addresses are involved.
But it creates unnecessary risk.
A field event should not become less reliable simply because three hours have passed.
And a Proof of Service should not depend on someone reconstructing an interaction from memory after the fact.
That was one of the first problems we wanted our technology to address.
What Is California AB 747, the SPARE Act?
AB 747 is a California law intended to strengthen accountability and transparency in service of process.
Its stated concern is serious. When a defendant does not receive proper notice of a lawsuit, that person may lose the opportunity to appear and defend the case. In some situations, a default judgment can follow.
The law addresses defective and fraudulent service, including what is sometimes called “sewer service,” where documents are not actually served even though a server later reports otherwise.
California’s Legislature expressly identified improper service as a due process problem.
That matters because process serving is not simply a private delivery business. It is part of the mechanism through which the legal system provides notice.
The changes scheduled to become operative January 1, 2027 include:
- a publicly available county register of process servers;
- a more specific definition of reasonable diligence for substituted service under section 415.20(b);
- a specific diligence standard for court-authorized posting in unlawful detainer actions under section 415.45;
- photographic documentation requirements for covered completed and attempted summons service;
- new information and documentation requirements for Proof of Service;
- changes involving registration information on proofs signed by certain servers;
- additional procedures relating to challenges to improper service and default judgments.
AB 2042 subsequently clarified provisions dealing with default judgments and the application of the new procedural framework to service attempted or completed on or after January 1, 2027. It also made technical changes to the 2027 version of section 417.10.
The relevant statutes include California Code of Civil Procedure sections 415.20, 415.45, 417.10, 417.40, 473, 473.2, and related provisions, together with Business and Professions Code section 22355.
The scope matters. These provisions should not be described as one universal rule governing every court document or every method of service in California.
A professional service provider must still identify the particular case type, documents, recipient, applicable statute, and service method.
California Is Getting More Specific About Reasonable Diligence
One of the changes concerns substituted service.
Beginning January 1, 2027, the new language in California Code of Civil Procedure section 415.20(b) states that, for purposes of that subdivision, a party shows reasonable diligence by attempting personal delivery of the summons and complaint in good faith on at least three occasions, on three different days, at three different times.
For an action to collect consumer debt, at least one attempt must be made at the person’s dwelling place or usual place of abode when it is known or could be determined with reasonable effort.
Section 415.45, involving court-authorized posting in unlawful detainer cases, also introduces a more specific diligence standard. It requires at least three good-faith personal delivery attempts on three different days at three different times. Subject to identified exceptions, at least one attempt must occur at the dwelling place or usual place of abode when it is known or reasonably discoverable.
This does not mean every service assignment requires exactly three attempts. Nor does it mean completing three visits automatically authorizes every alternative method.
The relevant statute, recipient, address, case type, court order, and other requirements still matter.
What interests me as a process server is how this changes the importance of the attempt history.
Consider the difference between two records.
The first says the server tried Tuesday at 11:05 AM, Wednesday at 11:20 AM, and Thursday at 11:45 AM. Each note says nobody answered.
The second records an early-morning attempt, an evening attempt, and a weekend attempt, with specific observations and information gathered at each location.
Neither record should be judged solely by the number of visits.
The question is whether the attempts were genuine, properly timed, accurately reported, and relevant to the actual circumstances.
This is something we have emphasized inside ProofSer: every attempt needs its own record, not just a counter that changes from two to three.
If the legal requirements become more specific, the software should make it easier to see what actually occurred.
The New Photo Requirements Are More Important Than They First Appear
For many process serving companies, the most immediately visible change will be the new photographic documentation requirements.
Under the version of California Code of Civil Procedure section 417.10 operative January 1, 2027, proof of covered summons service under sections 415.10, 415.20, and 415.45 must include one or more photographs of the site of each completed or attempted service.
Each required photograph must contain a readable stamp that establishes and automatically records the date, time, and GPS or equivalent coordinates of the completed or attempted service.
The statute also addresses what the photograph should show.
- For a dwelling place or abode, at least one required image must show the relevant door or, when that door is not reasonably accessible, the entrance.
- For a place of business, at least one required image must show the door or, when that door is not reasonably accessible, the entrance of the specific office or other place of business.
- If the door is not reasonably accessible and the server photographs the entrance instead, the record must explain with specificity why the door was inaccessible.
- The required photograph must be taken by the process server as close as practicable to the time of the service or attempt.
If no GPS, cellular, or equivalent signal is available at the relevant time and place, the process server must provide the detailed statement described in the statute. A photograph is not required when, in the process server’s reasonable judgment, taking it would compromise safety, but the service or attempt and the specific safety reason must be documented.
What the law does not do is turn a photograph into automatic proof that valid service occurred.
A photograph can support the location and timing of an attempt. It does not independently establish that the correct person was identified, that the right documents were delivered, that the recipient had the required capacity, that a mailing occurred, or that every requirement of the selected service method was satisfied.
That distinction is important.
We have written separately about California’s new process serving photo requirements and what GPS data can and cannot prove.
| A GPS-stamped photograph may support | It does not independently prove |
|---|---|
| A device captured an image near a location | The server reached the legally relevant door, unit, or suite |
| The image was associated with a recorded time | The person who answered was correctly identified |
| The site resembled the dispatched address | The address qualified for the selected service method |
| An attempt record has corroborating location evidence | The correct documents were delivered |
| The provider documented field activity | Required diligence, mailing, or court authorization was completed |
We Were Already Building Around GPS, Photos, Timestamps, and Field Notes
Here is the part of this legislation that feels particularly familiar to me.
When we began developing ProofSer Platform, our goal was not simply to create another application where process servers could enter a result.
We wanted to connect the entire case.
When a server opens an assignment, the subject information, service address, court details, documents, priority, previous attempts, communications, and other case information can already be available.
When the server begins recording a new attempt, the application guides the server through a structured workflow.
It identifies the relevant address and asks whether the location is a residence or workplace. The server records what happened, and the system can capture GPS coordinates and associate photographs with that specific attempt.
The application also supports voice memos.
This may sound like a small convenience, but from my experience, it solves one of the most persistent problems in field operations.
A server can describe an event immediately afterward, while the details are still fresh.
The server does not need to wait until the evening to write a formal report.
The original account can be preserved, and the system can help produce a professional field note and a separate update for the client.
That means the same field event does not have to be recreated multiple times.
It also means the attempt history becomes progressively more complete as work happens.
These capabilities were part of our product direction before the new statutory requirements became our immediate concern.
AB 747 did not give us the idea.
It reinforced why we believed the idea mattered.
A Real Workflow Needs More Than a GPS Camera
I want to be careful about one thing.
Having GPS coordinates and photographs inside an app is not automatically the same as satisfying every technical requirement of AB 747.
The law requires a readable, automatically recorded date, time, and location stamp on covered photographs. It also addresses exactly what must be photographed, when the photograph must be taken, what happens if the relevant door is inaccessible, and what the record must contain when an exception applies.
Those requirements need to be checked at the level of actual capture, image output, documentation, storage, review, and final Proof of Service.
We are evaluating the 2027-specific requirements against our platform’s capture and documentation workflow, including stamp presentation, exception handling, supporting records, and the final proof package.
I would rather be precise about that than casually advertise an application as fully compliant without verifying every part of the applicable workflow.
What we already built is the underlying structure that makes this work possible: case-connected attempts, location information, photographs, timestamps, original field observations, and a record that can support later documentation.
The final legal requirements still need to be implemented and verified correctly.
For us, that is not a reason to abandon the architecture. It is a reason to finish the details carefully.
A Photo Is Useful. A Complete Case History Is Better.
Let me give you a practical example.
Imagine a process server arrives at an apartment complex at 6:42 PM.
The assignment identifies Unit 204. The server reaches the building but encounters a locked access gate. There is no response through the call box, and nobody provides access to the unit.
The server documents the attempt.
A good record should preserve:
- the exact time;
- the dispatched and observed location;
- the fact that the server did not reach Unit 204;
- the access limitation;
- the relevant site photograph;
- the GPS or equivalent stamp;
- the explanation of why the intended door could not be reached;
- the result of any call-box or security contact;
- the recommended next action.
The next attempt may happen at another time. Perhaps the client provides updated access instructions. Perhaps the server later reaches the unit and speaks with an occupant.
Now the case contains a sequence of different events.
That is much more useful than three identical notes saying “No answer.”
Under a structured system, the next person reviewing the case can understand the history without calling the original server and asking them to remember what happened.
For an office handling multiple field servers, that matters.
For an attorney facing a deadline, it matters.
And if the service record is later questioned, it matters even more.
We Also Built the System to Question the Server Before the Mistake Happens
Documentation is only part of quality.
The other part is knowing when an action should not proceed without further review.
Inside ProofSer, we have designed procedural checkpoints around parts of the field workflow.
For example, when a server records personal service, the application can require confirmation that the intended subject was identified.
Certain methods can be restricted when the case does not contain the necessary authorization.
The application can also flag incomplete or ambiguous case information for review instead of silently converting uncertainty into field instructions.
This matters because the wrong conclusion can start long before the Proof of Service is prepared.
- A person who refuses to identify themselves is not automatically the named defendant.
- An unanswered door does not automatically establish evasion.
- An adult at a location is not automatically an appropriate recipient for substituted service.
- A photograph of a building does not establish that the correct unit was attempted.
- An attempt count does not independently establish that a particular method was authorized.
Technology cannot make every legal judgment for the process server or the responsible attorney.
But it can create checkpoints where careless assumptions are more likely to be noticed.
We have always believed that a good process serving application should occasionally slow someone down for the right reason.
The fastest workflow is not necessarily the most reliable one.
AB 747 Is Also About What Happens When Service Is Challenged
An important part of the SPARE Act receives less attention than the GPS requirements.
The legislation also addresses challenges to service and default judgments.
As clarified by AB 2042, the new framework in Code of Civil Procedure section 473.2 applies to service attempted or completed on or after January 1, 2027. The clarification matters because the relevant date is tied to the service activity, not merely to the date the Proof of Service is filed.
The provision addresses circumstances in which a party presents evidence that the summons and complaint were not lawfully served. A party moving to set aside or vacate a default or default judgment must proffer evidence, by sworn affidavit or otherwise, that service was not lawfully effected.
When that evidentiary threshold is met, the statute places the burden on the party seeking the default or default judgment to prove by a preponderance of the evidence that service was lawful. It also directs the court to take evidence regarding the lawfulness of service and addresses reasonable requests for a hearing and oral testimony.
AB 2042 further clarifies that the section does not alter a court’s existing authority regarding proofs filed before January 1, 2027 and that a party who was not served may move for dismissal as permitted by existing law.
The outcome of any particular dispute remains for the court to determine.
But the operational lesson is clear.
A service record needs to remain understandable beyond the day the attempt occurred.
What happens if an attorney asks about the service several months later?
- Can the company locate the original field observations?
- Can the address, method, and timing be verified?
- Are the photographs connected to the correct attempts?
- Does the final Proof of Service describe what actually occurred?
- Was the required mailing completed and documented?
- Can the company explain any discrepancy?
- Can the server be identified and contacted if testimony becomes necessary?
These are the questions I believe service providers should be preparing to answer.
A strong record may help support the credibility of legitimate service. A weak or inconsistent record creates uncertainty even when the underlying field work was performed in good faith.
Why This Matters to Law Firms and Paralegals
If I were a paralegal evaluating a process serving vendor for assignments extending into 2027, I would ask more than whether the company has GPS tracking.
I would want to know how an attempt is recorded and how that record eventually becomes a Proof of Service.
Questions for a Process Serving Vendor
- Can the company distinguish a residence from a workplace in its field workflow?
- Does it preserve each attempt as a separate event?
- Can it identify missing photographic information before proof preparation?
- What happens when the relevant door cannot be reached?
- How does the server document unavailable GPS or cellular signal?
- What happens when taking a photograph would compromise safety?
- Does the office review the recorded service method against the field facts?
- How is mailing tracked when it forms part of the service method?
- Can another coordinator access the case history if the original employee is unavailable?
- How are corrections documented?
- Which assignments fall within the new photograph requirements?
- How will final photographs and explanations be connected to the Proof of Service?
And perhaps most importantly, can the company explain how its field workflow will accommodate the requirements applicable to the firm’s actual documents and case type?
These questions are not about making process serving unnecessarily complicated.
They are about avoiding complications later.
The cost of a questionable service is not necessarily limited to another attempt fee.
It can also involve additional staff time, document corrections, delayed proceedings, disputed deadlines, motion practice, and avoidable uncertainty.
A law firm should not have to manage every step of its process serving vendor’s operation.
That is what a professional service provider is supposed to do.
Why This Matters to Independent Process Servers
I also think independent process servers should see the changes as an opportunity, not only as another burden.
A strong independent server may have excellent field judgment and extensive local knowledge. They may understand difficult subjects, residential patterns, access issues, and the practical realities of their service area better than anyone.
The challenge is managing documentation while remaining productive.
When additional evidence requirements are added to every covered attempt, the administrative load can grow quickly.
A server already handling multiple assignments needs an efficient way to record the result, preserve the evidence, update the case, and move on.
That is where a well-designed mobile workflow can help.
Instead of treating photos, GPS, notes, client communication, and proof preparation as separate jobs, they can become connected parts of one assignment.
The technology should not replace the server’s judgment.
It should reduce the administrative work that competes with that judgment.
The Difference Between a Tool and an Operating System
There are plenty of applications that can take a photo with location information.
There are applications for notes, route planning, messaging, calendars, and PDF forms.
Each can be useful.
But a process serving case does not live in only one of those categories.
It moves through all of them.
That is why we have approached ProofSer as an operating system for the work rather than a single-purpose tool.
The case begins with intake and document information. It moves through review, scheduling, field assignments, attempts, evidence capture, client updates, next actions, mailing, and preparation of final documentation.
A location record should be connected to an attempt. The attempt should be connected to the subject and case. The field observations should remain available when someone prepares the proof. The client communication should reflect the same facts.
When information is collected once and used throughout the workflow, there are fewer opportunities for contradictions to appear.
That does not guarantee perfection.
It does make quality easier to manage.
For more about this approach, see our discussion of process serving technology and legal risk.
January 1, 2027 Is an Operational Deadline, Not Just a Legal Date
A company cannot prepare for these changes simply by sending every process server an email on December 31.
The workflow needs to be examined before the new requirements become operative.
The office needs to understand which assignments fall within the statutory scope. Field servers need clear instructions on what photographs are required and how exceptions are documented. The technology needs to preserve the required information. Coordinators need to know what to review. Proof preparation must account for the new documentation requirements.
The Judicial Council of California has also been working on changes to court forms related to AB 747, including Proof of Service of Summons, form POS-010, and a proposed Declaration of Diligence, form POS-012.
As of this article’s publication date, related recommendations were scheduled for Judicial Council consideration on October 16, 2026. Providers should verify the forms and instructions ultimately adopted rather than assume that an older PDF template will remain sufficient.
For a process serving operation, this means preparation is not just about buying better cameras or adding a checkbox to an application.
It means understanding the entire chain from the field event to the document submitted to court.
Operational Readiness Checklist
- Map the documents and service methods covered by the new requirements.
- Update server instructions for dwelling and business photographs.
- Confirm the image displays the required readable, automatically recorded stamp.
- Create workflows for inaccessible doors, unavailable signal, and safety exceptions.
- Preserve each image with the correct case, subject, address, and attempt.
- Train coordinators to review attempt timing and documentation.
- Track mailing as a separate required event when applicable.
- Update Proof of Service preparation and quality-control procedures.
- Replace outdated forms when the Judicial Council releases operative versions.
- Test the complete workflow before January 1, 2027.
Did We Somehow Predict the SPARE Act?
No. I would not make that claim.
We were looking at a different side of the same problem.
In our daily work, we saw how easily information could become fragmented and how much effort went into reconstructing events after they happened.
So we began building a system where the attempt itself creates the record.
GPS, photographs, timestamps, field observations, case history, and documentation were already part of that direction.
Then California passed AB 747.
The law did not suddenly make our existing platform fully compliant with every new technical requirement. Those details deserve careful verification.
But it did confirm something more important about the direction of the industry.
The future of professional process serving is not just completing an attempt. It is being able to show, accurately and consistently, what happened during that attempt.
That was already our philosophy.
It is now becoming more explicit in California law.
What I Believe Will Separate Process Serving Companies After 2027
I do not think the best process serving companies will be the ones advertising the largest number of GPS photographs.
Almost anyone can collect photographs.
The difference will be whether those photographs are meaningful, correctly associated with the field event, properly preserved, and supported by accurate notes and legally appropriate service procedures.
The difference will be:
- whether the company can explain what happened when an attempt was unsuccessful;
- whether the final proof matches the original field record;
- whether the office identifies missing information before a document is signed or filed;
- whether the server knows when to use professional judgment instead of blindly following a software prompt;
- whether exceptions are documented with specific facts rather than generic language;
- whether the law firm can trust the provider to manage those details without constant supervision.
That is the kind of process serving operation we are trying to build at ProofSer.
One where the human being handles the unpredictable reality of the field, and the system handles the information that should never have been left to memory in the first place.
AB 747 has made the timeline more urgent.
But the underlying problem existed long before the legislation.
We were building around it then, and we are continuing to build around it now.
A process server should be able to explain what happened at the door. A professional process serving company should be able to support that explanation with a reliable record.
That is the standard we believe the industry should be moving toward.
And that is the standard behind ProofSer.
Official Sources
Frequently Asked Questions About California AB 747
What is California AB 747?
AB 747 is the Service of Process Accountability, Reform and Equity Act, also called the SPARE Act. It amends California laws involving process server registration transparency, reasonable diligence, Proof of Service requirements, photographs, and related procedures. Its principal new process serving requirements become operative January 1, 2027.
When does the SPARE Act take effect?
The major service-related provisions discussed in this article become operative January 1, 2027. Firms should evaluate assignments that begin in 2026 but involve attempts or completed service in 2027 under the law and forms applicable to the actual service activity.
Does AB 747 require GPS photographs for every process serving assignment?
No. The new photographic requirements in Code of Civil Procedure section 417.10 address covered completed and attempted service of a summons and complaint under sections 415.10, 415.20, and 415.45. Other documents and service methods may have different requirements.
Do unsuccessful attempts need photographs?
For attempts within the statutory scope, the 2027 language requires one or more photographs of the site of each completed or attempted service. The requirement is not limited to the final successful visit.
What must the photographs show under AB 747?
For covered attempts, each photograph must contain a readable stamp that establishes and automatically records the date, time, and GPS or equivalent coordinates. At least one image generally must show the relevant dwelling or business door, or the entrance when the door is not reasonably accessible. The statute also addresses timing, unavailable signal, inaccessible doors, and safety exceptions.
What if the server cannot reach the subject’s door?
When the door is not reasonably accessible, the applicable photograph may show the entrance instead. The process server must explain with specificity on or with the proof why the door was not accessible.
What if no GPS or cellular signal is available?
The process server must provide a detailed statement on or with the proof explaining the reason for the lack of a readable GPS or equivalent stamp on the photograph.
Can the process server skip the photograph for safety?
Yes. A photograph is not required when, in the reasonable judgment of the process server, taking it would compromise safety. The server must document the completed or attempted service and provide a detailed statement explaining why the photograph would have compromised safety.
Does AB 747 require three attempts before substituted service?
For the situations governed by the operative 2027 version of section 415.20(b), reasonable diligence includes at least three good-faith personal delivery attempts on three different days at three different times. The requirement should not be applied indiscriminately to every service method or case type, and completing three attempts does not eliminate other legal requirements.
What did AB 2042 change?
AB 2042, signed September 20, 2026, clarified provisions involving default judgments and challenges to service. It specifies that the section 473.2 framework applies to service attempted or completed on or after January 1, 2027, preserves existing court authority concerning earlier proofs, and makes technical changes to section 417.10.
Does a GPS-stamped photograph prove that service was valid?
No. A photograph can support documentation of location and timing. It does not independently prove recipient identity, document contents, legal capacity, proper method, required diligence, mailing, court authorization, or completion of every required step.
Is ProofSer Platform already compliant with AB 747?
ProofSer Platform already incorporates capabilities relevant to the law’s underlying goals, including GPS capture, photographs, timestamps, structured attempt records, voice notes, case histories, and documentation workflows. Those capabilities do not by themselves establish complete compliance with every requirement of the 2027 law. Specific requirements, including readable automatically recorded stamps, exception documentation, and proof preparation, must be implemented and verified against the applicable statutes and adopted court forms.
Will California use a new POS-010 in 2027?
The Judicial Council has been considering revisions to POS-010 and a proposed POS-012 Declaration of Diligence to implement statutory changes. Providers and law firms should obtain the versions and instructions actually adopted and effective for the relevant service and filing date.
How can law firms prepare for the SPARE Act?
Law firms should review vendors’ evidence capture procedures, attempt reporting, photograph handling, exception documentation, due diligence records, mailing controls, Proof of Service preparation, and quality-control workflow. They should also confirm that the vendor applies the correct requirements to the specific documents, service method, recipient, and service date.
About the Author
Serhii Martynenko is the founder of ProofSer, a California process serving business, and the driving force behind ProofSer Platform. His work combines real-world field experience with the development of technology intended to improve case coordination, documentation, client communication, and process serving operations.
ProofSer’s approach is built around a straightforward principle: professional field judgment should be supported by professional operational systems.
Need Reliable California Process Serving?
Contact ProofSer to discuss your assignment, service requirements, deadline, field documentation, and Proof of Service workflow. Our operations team can review the documents, recipient information, addresses, priority, and special instructions before dispatch.
This article discusses California legislation as of October 13, 2026 and is provided for general informational purposes. The applicable legal requirements depend on the proceeding, documents, recipient, service method, date of service, court orders, adopted forms, and operative law. This article is not legal advice. Courts and responsible counsel determine the legal sufficiency of service.