Three failed attempts at a good address feel like a dead end. In Texas, they are the start of a different process. When personal delivery and certified mail don't work, the court can authorize another way to serve, and it decides on the record you put in front of it. A strong substitute service affidavit in Texas is what turns a stalled case into a signed order. Here is what judges weigh, rule by rule, and what each affidavit has to show.
Every alternative-service motion asks the court the same two questions. Did the plaintiff make a real, diligent effort to serve the defendant the normal way? And will the method requested actually give the defendant notice of the suit? The judge answers both from sworn facts. Conclusions like "the defendant is avoiding service" carry little weight on their own. Dates, times, addresses, observations and sources carry the motion.
Encore Legal Investigations investigates and documents those facts. The court decides whether alternative service is allowed and how it is done. Local practice varies by county and by judge, so counsel should always check the court's preferences before filing.
Under Texas Rule of Civil Procedure 106(b), the court may authorize substitute service after a motion supported by a sworn statement listing a location where the defendant can probably be found and the specific facts showing that traditional service was attempted there without success. Under 106(b)(1), the papers can then be left with anyone over sixteen at that location.
A Rule 106(b)(1) affidavit should establish:
Since the rule amendments that took effect December 31, 2020, Rule 106(b)(2) lets a court authorize service in any other manner the evidence shows will be reasonably effective to give notice, including electronically by social media, email or other technology. That flexibility comes with a heavier evidentiary burden. The court needs proof that the account, address or number belongs to this defendant and that the defendant is actively using it.
Useful facts include recent posts or activity, photos that match known identifiers, connections to known relatives or employers, and any history of the defendant using that channel to communicate. Once a court authorizes it, the serve itself can be handled through Encore's electronic service of process, with a timestamped record of what was sent and when.
Citation by publication is the fallback when the defendant's residence is unknown, the defendant is transient and can't be located, or the defendant is absent from Texas or a nonresident and Rule 108 service could not be completed. Rule 109 requires the party or the party's agent or attorney to swear to those facts, and it requires the court to look into whether the search was diligent before it grants a judgment based on publication.
That is where a documented search matters. An investigative diligent-search affidavit supports counsel's affidavit; it does not replace it. It should walk the court through every step taken: identity confirmation, address history, relatives and associates, employment, property and tenancy records, incarceration and death records, and field checks at each lead.
Whenever publication is authorized, Rule 109a lets the court order a different method of substituted service instead, such as posting at a last known address or mailing. The court must find, and state in its order, that the method would be as likely as publication to give the defendant actual notice. The affidavit should give the judge a reason to make that finding: the most recent address with evidence of a connection, a relative who is in contact, or another channel the defendant is shown to use.
Eviction cases in justice court follow their own alternative-service procedure under the Rule 510 eviction rules, which were rewritten for cases filed on or after January 1, 2026. Those rules have separate requirements and should be checked directly.
Business defendants have their own path. Under Texas Business Organizations Code section 5.251, the Secretary of State becomes an agent for service when a Texas filing entity fails to appoint or maintain a registered agent, or when its registered agent cannot with reasonable diligence be found at the registered office. Similar rules reach certain foreign entities and nonresidents doing business in Texas.
The key phrase is reasonable diligence. A reasonable diligence affidavit should show attempts at the registered office on record, what was found there (a vacant suite, a different business, a closed mailbox service), and a search for any updated agent or principal office. The Secretary of State's service of process page explains what to send, the current forwarding and certificate fees, and the certificate of service that your default judgment will need.
Across every rule, the affidavits that get orders signed share the same traits:
When the real problem is a bad or stale address, a professional locate through skip tracing is often the faster fix, and it builds the record you will need if alternative service becomes necessary.
Encore Legal Investigations can also prepare draft motions for substituted service under Rule 106(b), citation by publication under Rule 109, and substituted service in lieu of publication under Rule 109a, with a proposed order and the affidavit as an exhibit. These drafts are prepared at counsel's direction, for counsel's review, revision, and signature. Encore does not file, appear or give legal advice. Counsel decides what is filed and how it is argued.
Ready to build the record? See what is included in our affidavits for substituted service and request a quote for your matter, or email the details to investigations@encorelegalprocess.com. Pricing is quoted to your matter.
Encore Legal Investigations is a licensed Texas private investigations company (License #A29721001). We are not a law firm and do not give legal advice.
