New rules for serving lawsuits, effective January 1, 2027
The SPARE Act (AB 747) defines what a diligent attempt at personal service means and requires photo and GPS documentation in proofs of service starting January 1, 2027.
Reviewed by Laurence S. Bezinover · Published
What changed
Substituted service, where papers are left with someone else and then mailed, is allowed only after reasonable diligence in trying to serve the defendant personally. Starting January 1, 2027, AB 747 defines reasonable diligence for individuals as three attempts on three different days at three different times.
Starting the same date, a proof of service generally must include a photo of the service location with a readable stamp showing the date, time, and GPS coordinates, and each county clerk must keep a publicly available register of process servers. The 30-day deadline to respond after service is complete does not change.
Who it affects
Businesses that sue to collect or enforce contracts, and businesses that get sued.
Questions to raise with counsel
- If we plan to sue, how much more time and budget should we allow for service under the new rules?
- If we are served on or after January 1, 2027, have we kept the papers and noted when, where, and by whom? Does the proof of service meet the new rules, or could it support a challenge to service or to a default?
- When is service complete, and when does our 30-day response deadline run?
Sources
This briefing is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.