CA AB2042

Allows defendants in debt collection cases to file a motion to set aside a default judgment even if service of summons was technically lawful, provided they did not receive actual notice in time to defend

Clarifies that new service of process requirements (GPS-stamped photographs, detailed documentation) apply to proofs of service filed on or after January 1, 2027

Shifts the burden of proof to the party seeking a default judgment to prove by preponderance of evidence that service was lawful, once the defendant proffers evidence that service was not properly effected

Preserves courts' existing authority to adjudicate motions involving proofs of service filed before January 1, 2027

Requires courts to take evidence on lawfulness of service and not deny reasonable requests for hearings with oral testimony when deciding these motions