In Texas, the citation, the method of delivery, and the return of service all matter. An incorrect recipient or incomplete return can prevent a default judgment and require another attempt.
The guide focuses on ordinary civil cases in Texas district and county courts. Justice court cases, evictions, and other special proceedings have their own requirements.
Texas service of process at a glance
| Category | Rule |
|---|---|
| Who can serve | A sheriff, constable, other authorized person, court-authorized adult, or JBCC-certified server, subject to Rule 103. |
| Personal service | Deliver the citation and petition personally under Rule 106(a)(1). |
| Substituted service | Requires a Rule 106(b) order after unsuccessful attempts under an authorized ordinary method. |
| Mailing requirements | Registered or certified mail with return receipt requested; the return must include the addressee’s signature. |
| Court ordered alternatives | May include delivery to someone older than 16 or electronic service, as specified in the order. |
| Business defendants | Serve the registered agent or another recipient authorized for that entity type. |
| Service timing | Pursue service diligently. Filing suit does not remove the need for timely service. |
| Answer deadline | Generally 10 a.m. on the Monday following expiration of 20 days after service under Rule 99. |
| Proof of service | File a Rule 107 return. Ordinarily, it must be on file 10 days before default, excluding filing and judgment days. |
The Texas Rules of Civil Procedure govern these general procedures. Confirm the citation, applicable statutes, and any court order before calculating a deadline.
Who can serve papers in Texas
Rule 103 permits service by specified public officers, persons authorized by law or written court order, and servers certified by the Judicial Branch Certification Commission. A party or anyone interested in the outcome cannot serve process in that suit. Some enforcement writs and other proceedings have additional restrictions.
Accepted methods of service
Personal delivery. Under Rule 106(a)(1), deliver the citation, showing the delivery date, and a copy of the petition to the defendant. Check that the issued citation and all required documents are included before assigning service.
Registered or certified mail. Rule 106(a)(2) permits registered or certified mail with return receipt requested. An authorized person must carry out service, and Rule 107(c) requires the return receipt bearing the addressee’s signature. A receipt signed by someone else should not be treated as valid service without reviewing that person’s authority and the applicable law.
Court ordered substituted service. Rule 106(b) permits a motion after unsuccessful attempts under Rule 106(a)(1) or (a)(2). Both methods do not have to fail. The motion needs a supporting statement sworn before a notary or made under penalty of perjury, identifying a location where the defendant can probably be found and the specific unsuccessful attempts there.
The court may authorize leaving the citation and petition with someone older than sixteen at the specified location. It may also allow another effective method, including email or social media. Follow the order precisely, including any mailing, posting, or proof requirements.
Publication and other ordered methods. Rules 109 through 117 address publication and related procedures. The required diligence, contents, posting or publication, and proof depend on the rule and case. Check applicable newspaper and public information website requirements; an unsuccessful visit alone does not establish the grounds for publication.
Serving corporations and LLCs
A registered agent is a common recipient. Business Organizations Code § 5.255 also identifies presidents and vice presidents for corporations, managers for manager-managed LLCs, and members for member-managed LLCs. Confirm the entity type and recipient’s role before service.
Secretary of State service is available only when the relevant statute authorizes it. Business Organizations Code § 5.251 addresses specified registered-agent failures; the long-arm statute has separate conditions. Counsel should identify the applicable route and required follow-up steps.
Answer deadlines and the return of service
For cases governed by Rule 99, the answer is generally due by 10 a.m. on the Monday following the expiration of 20 days after service. Check court holidays and applicable extensions when calculating the date. Ordinary justice court cases generally use a 14-day answer period under Rule 502.5; special proceedings can differ.
Rule 107 requires a signed return describing the case, documents, recipient, address, date, and manner of service, along with other required information. A private server’s return must be verified or signed under penalty of perjury. A substituted-service order may prescribe additional proof.
Ordinarily, proof must be on file for 10 days before a default judgment, excluding the filing date and judgment date. A completed delivery does not by itself establish that the case is ready for default.
Diligence in completing service
Send papers for service promptly and track the result. If the address is wrong or attempts fail, obtain the details and decide on the next step. Delay can affect limitations issues and expose a case to dismissal for want of prosecution. Keep a dated record of attempts, address searches, and follow-up instructions.
Frequently asked questions
- Can a server leave papers with another adult?
- For an individual defendant, leaving papers with another adult under Rule 106(b) requires a court order. The recipient and location must meet the order’s terms. Separate rules allow service on authorized recipients for business defendants.
- Does refusing certified mail complete service?
- A refused or unclaimed mailing does not supply the signed receipt required for that method. Counsel can assess another authorized attempt or a motion for substituted service.
- Can a defendant be served by email?
- A court can authorize email under Rule 106(b) when the evidence supports that it will give notice. Permission and compliance with the order are required.
Arrange service with Magna
Magna offers process service and investigative support nationwide. Include the issued citation, petition, addresses, deadline, and any substituted-service order with your Texas request. Contact Magna about process service.
This is general information only, not legal advice. These rules concern state court proceedings. Requirements vary by court, case type, defendant, and circumstances. Consult the current rules and applicable court orders before arranging service.