The Center for Consumer Law & Economic Justice at UC Berkeley School of Law is proud to announce that Governor Gavin Newsom signed AB 747, the Service of Process Accountability, Reform, and Equity (SPARE) Act, into law. The SPARE Act marks the first statewide modernization of service of process of its kind and the most significant reform to California’s service of process rules in 50 years.
Developed by the Center, sponsored by the California Low Income Consumer Coalition (CLICC), and authored by Assembly Judiciary Chair Ash Kalra (D–San José), the SPARE Act updates California’s outdated legal notice system to better protect people’s right to due process and prevent the long-standing problem known as “sewer service.”
“Sewer service” occurs when a process server fails to properly notify someone that they are being sued—sometimes by literally discarding the court summons—allowing a lawsuit to proceed without the person’s knowledge. As a result, people can lose cases by default, leading to surprise wage garnishments or drained bank accounts years later, often after interest has ballooned the original debt.
The SPARE Act brings long-overdue transparency and accountability to this process, making it more likely that Californians receive fair notice before any legal action is taken against them.
“The SPARE Act will protect thousands of Californians from the terrifying realization that their paycheck has been seized or that the sheriff is on their way to evict them because of a lawsuit they’ve never heard of,” said the bill’s author, Assemblymember Kalra. “This is a huge step forward in ensuring everyone can exercise their rightful due process and codifying a fair process for addressing fraudulent and improper service.”
The SPARE Act strengthens due process and deters fraudulent service in three key ways:
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Photo verification: Process servers must take date-, time-, and GPS location-stamped photos of where service was attempted or completed, and file the photos with the court.
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Standardized service attempts: Before using less reliable methods of service, process servers must make at least three in-person attempts on different days and times—one at the defendant’s residence in most cases—ensuring greater fairness and consistency statewide.
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No time limit on justice: The Act confirms that people can challenge default judgments obtained through unlawful service at any time, adopting the California Supreme Court’s 2024 ruling in California Capital Insurance Co. v. Hoehn, and clarifies the process for doing so
The requirement to use commonly available mobile phone applications to provide stronger evidence of service has been the requirement in Washington D.C. and New York City for years but is not required anywhere in the nation at a state-wide level. David Nahmias, Legal Director of the UC Berkeley Center observed, “Recording time, date, and GPS location and taking a photo of the place of service should be a no-brainer. If photos are the norm for food and package deliveries, why shouldn’t they be required for something as life-altering as a lawsuit?”
UC Berkeley Law graduate Bhavya Sukhavasi, who led the early development of the bill while still a student, said, “It was such a shock to learn about sewer service and the high rate of debt collection default judgments as a law student clinical intern at the East Bay Community Law Center. I am grateful that our team’s empirical study of California court records led to this important reform, which means fewer people will experience the hardship and upheaval of a surprise garnishment or eviction."
The bill goes into effect January 1, 2027, to give the courts sufficient time to develop new forms and procedures and for plaintiffs and process servers to adapt their processes.