Service of Process Accountability, Reform, & Equity (SPARE) Act (AB 747)

When:

Taking effect January 1, 2027

What:

California AB 747 — known as the SPARE Act — amends, repeals, and adds Section 22355 of the Business and Professions Code, and amends, repeals, and adds Sections 415.20, 415.45, 417.10, 417.40, 473, 473.5, 585, and 1166 of the Code of Civil Procedure, while adding a new Section 473.2, all relating to service of process.

How:

This act makes significant changes to the California service of process landscape.

• Reasonable Diligence: Requires a minimum of three in-person delivery attempts on three different days and at three different times.
  ​
  ​One Legal: Our current diligence standards – up to 4 attempts with stipulated morning, midday, evening, and weekend attempts – meet these requirements.

• Specific standard for substitute service: Process servers must make at least three “good faith” attempts at personal delivery, on three different days and at three different times, before substitute service becomes an option.
  ​
  ​One Legal: Our current standard already meets these requirements, as well as those for counties with stricter rules.

• Documented proof of service: Servers must provide verified documentation of the date, time, and location of each attempted or completed service. Additionally, the proof of service must include GPS location-stamped photographs of the service site (e.g., doorway, entrance).
  ​
  ​One Legal: The ServeManager mobile application records the GPS coordinates, date and time of every attempt automatically. Clear directives on attempt photos will specifically address the requirements of AB747, including steps when a photo cannot be taken (e.g., safety concerns, technical issues).
  ​Finally, we’ll adjust the affidavits we provide to ensure that they are 100% SPARE-compliant.

Why:

Due to instances of “bad actors,” legislators have now guaranteed that defendants will have enhanced avenues and opportunities to challenge judgments made through improper or fraudulent service. This shifts the burden of proof to the plaintiff to prove lawful service by a preponderance of the evidence.
​

Also, jurisdictions across the country are becoming much stricter on fraudulent service. One Legal strives to prove unquestionably to our customers and the courts that every attempt on every serve is legitimate and complies completely with the SPARE Act provisions in both letter and intent.

Who:

You – in coordination with One Legal – will make every job an opportunity to meet the criteria set out by the SPARE Act. Just follow the simple 5-step process:

1. Arrive. Make sure you are at the correct address and that you understand all the elements of the Instructions for that particular job.
2. Snap. Take a SPARE-compliant picture (door or entryway) of the address in the mobile app. The app will provide the GPS/Time/Date on the photo automatically.
3. Attempt. Approach the address with the papers and do everything in your ability to legally serve or sub-serve the documents. Ask follow-up questions or seek out neighbors, property managers, or other informed individuals if rebuffed.
4. Enter. Once you are back in your vehicle (and safe), use the mobile app to detail your attempt. The app will guide you through the process and prompt you with questions to inform your description. When successfully serving or sub-serving, a five-point description of the servee is required.
5. Send. After reviewing your description to ensure every piece of information has been included, send the attempt to One Legal. No need to inform us that you’ve entered it, we’ll get a notification automatically.

If you follow these 5 easy steps, you meet SPARE standards and you don’t need to revisit the attempt at the end of the day.