California's SPARE Act (AB 747): What Changes for Service of Process on January 1, 2027

What is California’s SPARE Act?

AB 747 is the Service of Process Accountability, Reform and Equity Act (Stats. 2025, chapter 563), approved and filed October 10, 2025. It changes specified service, proof and default procedures; AB 2042 clarifies photo and challenge provisions. AB 747, chapter 563, §§5–19; AB 2042 §§2–3.

When do the SPARE Act rules begin?

The provisions discussed here operate January 1, 2027. The Judicial Council approved the related civil, family, unlawful-detainer and probate packages on October 16, 2026, effective January 1, 2027. Until then, use the currently applicable official forms. CCP §415.20(e); §417.10(g); Council 26-132, 26-149, 26-133, 26-155.

The photo rule for specified summons service

CCP §417.10(a)(1) covers personal service under §415.10, substituted service under §415.20 and unlawful-detainer posting under §415.45. It addresses photographs of effected or attempted service. The Council explains that unsuccessful-attempt documentation differs from attaching every prior attempt to a successful-service proof. AB 2042 §2; 26-132, page 17.

The door or entrance

At a dwelling, show its door; at a business, show the specific office or business door. If that door is not reasonably accessible, show the entrance and specifically explain why the door was inaccessible on or with the proof. A general neighborhood photograph does not describe this requirement. CCP §417.10(a)(2).

A readable date, time and location stamp

The stamp must automatically record date, time and GPS or equivalent coordinates. Take the photograph as close as practicable to the service or attempt. This is a requirement for readable information on the image; an internal appointment note is a different record. CCP §417.10(a)(1)(A), (5).

No GPS or cellular signal

When no GPS, cellular or equivalent signal is available, provide a detailed explanation on or with the proof for the missing readable location stamp. Signal loss does not itself excuse taking the photograph. CCP §417.10(a)(1)(B).

Safety and confidential addresses

A photograph is excused when, in the server’s reasonable judgment, taking it would compromise safety. Document the service or attempt and explain the risk in detail on or with the proof. The local-child-support confidential-address option concerns supplying a taken photo to the agency rather than publicly attaching it. §417.10(a)(4); 26-132, page 16; 26-149, FL-115/FL-116.

Three attempts, three days, three times before substituted service

For CCP §415.20(b), document at least three attempts at personal delivery on three different days at three different times. These must be good-faith efforts; counting three entries does not dispense with the remaining conditions. The statute does not prescribe a morning/afternoon/evening formula. AB 747 §5, §415.20(b)(1)–(2).

Corporations and other entities follow different rules

Section 415.20(a) covers specified entity recipients and has no corresponding prior-diligence condition. Section 415.20(c) separately permits qualifying commercial-mailbox service on the first attempt. Neither distinction erases the applicable proof requirements. See our corporation and registered-agent guide and §415.20(a)–(c).

The home attempt in consumer-debt cases

For consumer-debt actions under §415.20(b), at least one attempt must be at the dwelling or usual abode when known or determinable with reasonable effort. This added condition is not universal to every civil action. CCP §415.20(b)(3).

Expanded mailing options after substituted service

Sections 415.20(a) and (b)(1) permit USPS first-class mail, Priority Mail with tracking, or Certified Mail with return receipt requested, postage prepaid. Mail copies to the place where the papers were left; completion remains the tenth day after mailing. AB 747 §5.

This mailing component differs from service by mail and acknowledgment under §415.30. Preserve mailing details alongside the delivery facts. Our California substituted-service guide explains the underlying method. CCP §417.10(a)(3).

Which California proof forms change in 2027?

The approved packages are summarized below. They also implement other laws, so every revision is not an AB 747 photo change. As of October 30, 2026, standalone 2027 downloads were not found in the publication pages checked. Use the official forms directory for current filing versions.

POS-010 Proof of Service of Summons

The approved POS-010 adds item 8, “Photo of the location of service,” and Attachment 8 for the photo. 26-132, page 11 and attached POS-010 page 4.

POS-012 Declaration of Diligence

POS-012 standardizes diligence; using it is optional, providing required facts is not. 26-132, page 17.

Family law: FL-115 revised, FL-116 new

FL-115 is revised; FL-116, Declaration of Diligence for Substituted Service of Summons, is newly approved and optional. 26-149.

Unlawful detainer, small claims, name change and probate forms

The table identifies case-specific revisions. Probate’s combined notice proof includes a no-photo option under Probate Code §1264. 26-155, pages 4–5.

Defaults get harder to keep: the new CCP 473.2 motion

Section 585(b) expressly requires proof of summons service with the plaintiff’s written default application. Under §473.2, a qualifying evidence-supported unlawful-service challenge shifts the burden to the default-seeking party to prove lawful service by a preponderance. A bare denial does not automatically vacate judgment. AB 747 §17; AB 2042 §3, §473.2(b)–(d).

Section 473.2 applies to service attempted or completed on or after January 1, 2027, and preserves existing judicial authority concerning earlier proofs. Keep a coherent record rather than treating a filed form as the whole evidentiary file. §473.2(f)–(g).

Unlawful detainer: distinguish notice from summons

Under §1166(a)(5), the complaint must specify the termination notice’s service method, date, time and location. That pre-suit notice differs from summons service; the provision does not itself impose summons photographs on every termination notice. AB 747 §19; 26-133, page 3.

Summons posting still needs court authorization under §415.45, with posting and certified mailing. Its separate diligence rule includes three good-faith attempts and a known-or-discoverable residence attempt, subject to commercial-property and specified program-participant exceptions. See §415.45(a)–(d) and our California unlawful-detainer guide.

Who and what do these requirements cover?

Start with the proceeding and service statute, not the server’s job title. An otherwise authorized nonregistered server has no blanket photo exemption. Small claims, specified rule-based proceedings and probate notice service require their own analysis. §417.10(a), (c); 26-132, pages 6–7, 13–14; 26-155, pages 4–5.

Frequently asked questions