Bill > AB747

This bill (the Service of Process Accountability, Reform and Equity or SPARE Act) addresses multiple aspects of legal service of process in California, with the primary goal of improving accountability and preventing fraudulent or improper service. The bill requires process servers who conduct more than 10 services in a calendar year to register with county clerks in every county where they serve documents, mandates that county clerks make process server registers publicly available, and establishes more stringent requirements for proving service. Specifically, the bill defines "reasonable diligence" in service as making at least three attempts on different days and times, with one attempt at the person's residence, and requires proof of service to include photographs with time stamps and GPS coordinates. The bill also provides more robust protections for defendants by allowing them to challenge default judgments that result from improper service, shifting the burden of proof to plaintiffs to demonstrate lawful service, and permitting defendants to seek to vacate judgments at any time if service was improper. Additionally, the bill aims to address systemic issues of "sewer service" (fraudulent service where documents are essentially discarded) that disproportionately affect vulnerable populations like low-income individuals and communities of color in debt collection and eviction cases.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB747