Stay Compliant. Move Faster! Get More Clients.
Concerns over fraudulent or improper “sewage service” have increased scrutiny on the service of the process industry. Assembly Bill 747 (AB 747), also known as Service of Process Accountability, Reform, and Equity (SPARE) Act, introduces reforms to promote accountability and transparency for process service. Now manual logs, handwritten notes, and basic affidavits are not enough. Service must be verifiable,well-documented, and defensible in court.
1. A new uniform standard of reasonable diligence has been created.
- Minimum of 3 attempts
- On 3 separate days
- At different times of day
- One attempt must be made at defendants address
Take away: An organized schedule of attempts for process servers reduces flexibility, but makes cases more defensible in court.
2. Photos and GPS evidence are mandatory for proof of service.
- Photographic evidence
- Timestamp
- GPS coordinates
- Servers must give a written explanation if GPS is unavailable
Conclusion: Affidavits of service must be supported by digital evidence. Sworn statements are no longer considered enough.
3. Escalated Proof Disputes when a service is challenged
- Plaintiff needs to prove valid service
- Courts can call for evidentiary hearings with testimony
Conclusion: More litigation
4. Easily accessible public registry for all county process servers
- County process server registries must become publicly accessible.
- Servers must be registered in each county they serve in.
Conclusion: Before, access was limited and in-person. The courts relied heavily on sworn affidavits. Now registration can be verified instantly which makes challenging unregistered process servers easier.
Bottom Line
AB 747 raises expectations and has redefined the industry.
You can either:
- Struggle to keep up with regulations
- Risk rejected service and lose clients
Or…
You can use technology to turn compliance into your biggest competitive advantage. In this new era, tech is no longer optional– it’s vital.