Why AB 747 Matters

Proper service is a foundation of due process. California enacted Assembly Bill 747—the Service of Process Accountability, Reform and Equity (SPARE) Act—to strengthen the evidence surrounding service attempts and make disputed service easier for courts to evaluate.

For attorney service companies, the practical message is clear: field activity must be documented consistently, accurately and in a form that can move from the server to the proof of service without gaps.

Four Major Changes

1. A clearer reasonable-diligence standard

For substituted service in specified civil matters, AB 747 defines reasonable diligence as at least three good-faith attempts at personal delivery on three different days and at three different times.

In consumer-debt actions, at least one attempt must be made at the person’s dwelling or usual place of abode when that address is known or can be determined with reasonable effort. Related residence-attempt provisions also apply in many unlawful-detainer matters.

2. Photo, time and location evidence

For personal service, substituted service and qualifying unlawful-detainer posting, the proof of service must include one or more photographs of the site of each effected or attempted service when a photograph can be obtained safely.

• Each photograph must contain a readable stamp that automatically records the date, time and GPS—or equivalent—coordinates.
• Residential and business attempts generally require an image of the applicable door, or the entrance when the door is not reasonably accessible.
• If the door is inaccessible, the proof must explain why.
• If GPS, cellular or equivalent signal is unavailable, the proof must include a detailed explanation.
• If taking a photograph would compromise the server’s safety, the proof must document the attempt and explain the safety concern.

3. Public access to process-server registries

County clerks will be required to make their process-server registers publicly available. That improves transparency and makes it easier to confirm registration information.

4. Greater scrutiny when service is challenged

AB 747 establishes procedures for a party to challenge a default or default judgment based on improper service. Once evidence of nonservice is presented, the party seeking the default must prove lawful service by a preponderance of the evidence. Courts must receive evidence and, when requested, conduct a hearing with oral testimony.

What Firms Should Prepare Now

• Standardize attempt scheduling and diligence tracking.
• Capture photographs, timestamps and location coordinates directly in the field workflow.
• Document signal, accessibility and safety exceptions clearly.
• Carry field evidence into Proof/Affidavit Generation without rekeying information.
• Give staff and clients dependable access to attempt history and supporting evidence.
• Maintain durable, organized records that can support a later service challenge.

How Tristar Supports AB 747 Readiness

WinServe and WinserveMobile connect dispatch, field activity, photo evidence, GPS data, status reporting and Proof/Affidavit Generation in one operational workflow. The goal is straightforward: help firms meet the new evidentiary standard without creating a parallel manual process.

Technology cannot replace sound procedures or legal judgment, but it can make compliance repeatable, visible and defensible.

This article provides general information and is not legal advice. Organizations should review the final statutory language and consult qualified counsel regarding their specific obligations.