The following alert was provided by LPI’s professional partner, the California Association of Legal Support Professionals (CALSPro). CALSPro is sharing this information to keep legal professionals informed about how this bill could impact the industry.
Assembly Bill 747, introduced by Assemblymember Kalra, known as the Service of Process Accountability, Reform, and Equity (SPARE) Act, is legislation that would greatly affect process servers throughout California. While the bill aims to tackle fraudulent service of process, often called “sewer service,” it also presents several concerning provisions that may place undue burdens on legitimate process servers, making the jobs of registered process servers harder.
The bill includes several provisions that could disrupt the way registered process servers operate, including:
County-by-County Registration Requirement
Current Proposal: Process servers and process serving agencies would be required to register separately in each county where they serve documents.
CALSPro states that this legislation creates unnecessary and costly requirements that create logistical headaches for businesses across the state. These mandates could burden companies with tens of thousands of dollars in expenses every two years, skyrocketing service prices. CALSPro is advocating for statewide registration to maintain efficiency and lighten the administrative load. Any new requirements should be fair and apply to everyone not exempt from registration, including sheriffs and investigators.
New Proof of Service Requirements
Current Proposal: Every proof of service must include:
Photographic evidence of each service attempt of the location
GPS coordinates tracking the service
A copy of the process server’s ID card
CALSPro states that industry professionals are all for enhancing accountability, but not at the expense of safety, privacy, and skyrocketing costs. The current requirements are overly restrictive, potentially forcing process servers to invest in potentially costly software solutions just to keep up. Reasonable compliance is key. CALSPro is advocating for sensible compliance measures that harmonize security, server safety, and efficiency. Additionally, they are advocating for a practical carveout for GPS and geotagged photos when a cellular or GPS signal is unavailable.
Burden Shift in Default Judgment Challenges
Current Proposal: If a defendant challenges service, the burden shifts entirely to the plaintiff to prove service was valid.
CALSPro states that this change undermines the presumption of valid service and could lead to frivolous challenges and unnecessary delays. They are advocating to retain the presumption of validity unless there is clear evidence of fraudulent or improper service.
Stricter “Reasonable Diligence” Requirements for Substitute & Posting Service
Current Proposal: Personal service must be attempted at least three times, on three different days, at three different times, including at least one attempt at the residence, before substitute service or posting service is allowed.
CALSPro states that while attempting service multiple times may already be a best practice, these rigid requirements fail to consider real-world challenges (e.g., gated communities, uncooperative defendants, unknown residential addresses, etc.). CALSPro is advocating for more practical guidelines.
To learn more, go to: www.calspro.org. To view the complete language of AB 747, go to: https://legiscan.com/CA/text/AB747/2025.
Categorized in: Legal Procedure
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