California AB 747 Process Server Requirements | SPARE Act
California AB 747 Process Server Requirements | SPARE Act
- Important effective date: The principal Service of Process Requirements of Assembly Bill 747 become operative on January 1, 2027.
- AB 747, known as the Service of Process Accountability, Reform and Equity (SPARE) Act, changes how certain attempts to serve a summons and complaint must be documented in California. The law was enacted in 2025, with its principal process service provisions becoming operative January 1, 2027.
Does AB 747 Apply to Non-Registered Servers?
Generally, yes, when a non-registered person lawfully serves a summons and complaint using a service method covered by AB 747. California law permits a summons to be served by any person who is at least 18 years old, is not a party to the case, and is otherwise legally permitted to perform the service. This may include an unpaid friend or relative, an employee of an attorney in a matter handled by that attorney, or another person who is not required to register under California law.
Beginning January 1, 2027, the photograph and documentation requirements under California Code of Civil Procedure section 417.10 apply according to the type of service performed, not merely whether the person completing the service is a registered process server. When a summons and complaint is personally served, substitute served, or served by court authorized posting under California Civil Code of Procedure sections 415.10, 415.20, or 415.45, the proof of service must generally include the required Date, Time, and GPS Stamped Photographs for each completed or attempted service.
Registration is a separate issue. A natural person who performs more than 10 compensated services of process in California during a calendar year generally must register as a Process Server unless a statutory exemption applies. Sheriffs, certain government employees, attorneys and their employees, court appointed servers, licensed private investigators and their employees, and certain registered professional photocopiers are among the listed exemptions.
Accordingly, a person does not avoid AB 747’s documentation requirements simply because that person is not registered. A non-registered server must still comply when performing a covered service. Likewise, anyone who is legally required to register should not rely on non-registration as an exception to AB 747.
Important limitation: These particular photograph requirements apply to covered in-state attempts to serve a summons and complaint. They do not automatically apply to every subpoena, notice, demand, or other legal document. The applicable rules depend on the document, service method, case type, and governing statute.
Generally, yes, when a non-registered person lawfully serves a summons and complaint using a service method covered by AB 747. California law permits a summons to be served by any person who is at least 18 years old, is not a party to the case, and is otherwise legally permitted to perform the service. This may include an unpaid friend or relative, an employee of an attorney in a matter handled by that attorney, or another person who is not required to register under California law.
Beginning January 1, 2027, the photograph and documentation requirements under California Code of Civil Procedure section 417.10 apply according to the type of service performed, not merely whether the person completing the service is a registered process server. When a summons and complaint is personally served, substitute served, or served by court authorized posting under California Civil Code of Procedure sections 415.10, 415.20, or 415.45, the proof of service must generally include the required Date, Time, and GPS Stamped Photographs for each completed or attempted service.
Registration is a separate issue. A natural person who performs more than 10 compensated services of process in California during a calendar year generally must register as a Process Server unless a statutory exemption applies. Sheriffs, certain government employees, attorneys and their employees, court appointed servers, licensed private investigators and their employees, and certain registered professional photocopiers are among the listed exemptions.
Accordingly, a person does not avoid AB 747’s documentation requirements simply because that person is not registered. A non-registered server must still comply when performing a covered service. Likewise, anyone who is legally required to register should not rely on non-registration as an exception to AB 747.
Important limitation: These particular photograph requirements apply to covered in-state attempts to serve a summons and complaint. They do not automatically apply to every subpoena, notice, demand, or other legal document. The applicable rules depend on the document, service method, case type, and governing statute.
Photographs and GPS Documentation
When a summons and complaint is personally served, substitute served, or served by court authorized posting under California Code of Civil Procedure sections 415.10, 415.20, or 415.45, the Proof of Service generally must include:
- At least one photograph of the location for each completed or attempted service.
- A readable, automatically recorded date, time, and GPS or equivalent location stamp.
- A photograph showing the door of the residence or business, or the entrance when the door is not reasonably accessible.
- A detailed explanation when a photograph cannot safely be taken, when the door is inaccessible, or when no GPS or cellular signal is available.
- The photograph must be taken as close as reasonably practical to the time of the service or attempted service. The law requires photographs of the service location, it does not specifically require photographing the person being served.
Due Diligence Requirements
For Substitute Service under California Code of Civil Procedure section 415.20(b), reasonable diligence generally requires at least three (3) good faith personal service attempts on three (3) different days and at three (3) different times. A similar three (3) attempt standard applies before court authorized posting in an Unlawful Detainer case. Additional residence attempt requirements apply in certain Consumer Debt and residential Unlawful Detainer matters.
General Information Disclaimer: This page summarizes selected portions of AB 747 for general informational purposes only. It is not legal advice and does not address every document, service method, case type, statutory exemption, court rule, or local procedure. Laws and Judicial Council forms may be amended or updated. Parties should review the current statutes and court requirements or consult qualified legal counsel concerning a specific case. Last reviewed: August 5, 2026