Sweeping new legislation raises the bar for personal service, mandates photographic and GPS documentation, and gives defendants a permanent right to challenge default judgments obtained through improper service.
California is poised to significantly reshape how legal documents are served on defendants under Assembly Bill 747, a landmark piece of civil procedure legislation set to take effect on January 1, 2027. The bill introduces the most comprehensive update to the state’s personal service requirements in years, demanding greater diligence from process servers, enhanced documentation of every attempt, and broader public accountability through countywide registries.
The legislation arrives amid longstanding concerns from consumer advocates and courts about “sewer service”—a practice in which defendants are falsely certified as served, leaving them unaware of legal proceedings against them until a default judgment has already been entered. AB 747 targets this problem on multiple fronts, tightening procedural requirements while also fortifying the rights of those who may have been victimized by defective service in the past.
Stricter Diligence Requirements
Among the most immediate changes, AB 747 mandates that process servers make at least three personal service attempts on different days and at different times before resorting to substitute service. Critically, at least one of those attempts must be made at the defendant’s place of residence—a requirement designed to reduce the likelihood that a defendant goes entirely unaware of pending litigation.
This multi-attempt standard reflects a broader legislative intent to ensure that personal service is genuinely attempted, not merely perfunctory. Under the new framework, courts and litigants will have a clearer baseline against which to measure whether a server’s efforts were adequate before alternative methods were pursued.
“At least three attempts on different days and at different times—with one at the defendant’s own door.”
Enhanced Documentation Mandates
AB 747 also introduces robust new documentation requirements that will accompany every proof of service filed with the courts. Process servers will be required to include time- and date-stamped photographs, GPS location data confirming where each attempt occurred, and the server’s registration details for every attempt made—not just successful ones.
KEY CHANGES UNDER AB 747
Stricter Diligence: At least three personal service attempts on different days and at different times, with at least one at the defendant’s residence.
Enhanced Documentation: Proof of service must include time- and date-stamped photographs, GPS location data, and the process server’s registration details for every attempt.
Public Registry: Counties must maintain and publish a registry of all registered process servers for public access.
Default Judgment Challenges: Individuals may challenge default judgments obtained through improper service at any time, codifying the California Supreme Court’s 2024 ruling in California Capital Insurance Co. v. Hoehn.
These requirements represent a significant departure from the existing, often sparse, documentation standards. By creating a verifiable digital record of each service attempt, the law aims to make fraud and negligence far more difficult to conceal, and to give courts the evidentiary tools to evaluate disputed service claims with much greater precision.
A Public Registry for Process Servers
In a move toward systemic transparency, AB 747 requires each county in California to maintain and publish a registry of all registered process servers within its jurisdiction. The registry will be accessible to the public, allowing attorneys, litigants, and courts to verify that a given server is properly credentialed before relying on their work.
This provision addresses a structural gap in the existing regulatory framework, where the credentials of individual process servers could be difficult to independently confirm. By centralizing this information at the county level and making it publicly accessible, the legislature aims to improve accountability across the industry.
Codifying the Right to Challenge Default Judgments
Perhaps the most consequential aspect of AB 747 is its confirmation that defendants may challenge default judgments obtained through improper service at any time—with no statute of limitations cutting off that right. The legislation formally adopts the California Supreme Court’s 2024 decision in California Capital Insurance Co. v. Hoehn, which established this principle as a matter of judicial interpretation, and codifies it into statute.
The bill also clarifies the procedural pathway for bringing such challenges, giving defendants a defined mechanism to seek relief when they can demonstrate that service was not properly effectuated. For individuals who have faced wage garnishments, bank levies, or other enforcement actions arising from judgments entered without proper notice, this provision opens—or preserves—an important avenue for redress.
Looking Ahead
With an effective date of January 1, 2027, process servers, attorneys, and courts have roughly a year to prepare for AB 747’s requirements. Legal professionals practicing in collection, family law, landlord-tenant, and other fields involving frequent personal service should begin reviewing their current workflows against the new standards now. Compliance will require both procedural adjustments and, in many cases, investment in technology capable of generating the timestamped photographs and GPS data the law demands.
AB 747 signals California’s intent to treat the integrity of service of process not as a technicality, but as a constitutional cornerstone—one that warrants the same rigor as any other element of due process.
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For additional information, contact David L. Chaffin, Senior Counsel, at [email protected]