The comprehensive guide to process serving. Texas rules, in plain English.

What service of process is, and why it matters

Service of process is the formal delivery of court papers to the person or business being sued. In most Texas civil cases that means the citation issued by the clerk and a copy of the petition. Service gives the defendant notice of the suit and a chance to answer, and it is what lets the court exercise power over that defendant.

Getting it right matters more than most people expect. If the defendant never answers, the plaintiff's default judgment rests entirely on the service record. Texas courts reviewing a default on direct attack look for strict compliance with the service rules and do not presume service was valid (Primate Construction, Inc. v. Silver, 884 S.W.2d 151 (Tex. 1994)). A wrong name, a missing detail on the return or a method the rules don't allow can undo months of work.

Who can serve papers in Texas

Texas Rule of Civil Procedure 103 lets process be served anywhere in the state by:

• a sheriff or constable, or another person authorized by law;
• a person at least 18 who is authorized by law or by written court order; or
• a process server certified by the Judicial Branch Certification Commission (JBCC).

Two limits apply to everyone. A party or anyone interested in the outcome can't serve process in that suit, so you can't serve your own case. And unless a court orders otherwise, only a sheriff or constable can serve an eviction (forcible entry and detainer) citation, a writ that requires taking possession of a person, property or thing, or process that has to be physically enforced.

What a process server serves

A citation and petition is the most common job, but a Texas process server handles almost anything a court issues that has to reach a person in hand.

Subpoenas follow their own rule. Under Rule 176.5, any non-party who is at least 18 can serve one by delivering a copy to the witness and tendering the fees the law requires. More detail: types of papers a process server serves and family-law service.

How service is made under Rule 106

Unless the citation or a court order says otherwise, Rule 106(a) allows two methods:

Certified process servers can serve by certified mail as well as in person. The clerk handles mail service only if someone asks the clerk to.

Everything else requires a court order. Substituted service under Rule 106(b), including service by email, text or social media, is covered below in When service fails.

Serving a business

A company is served through a person the law treats as its agent. Under the Texas Business Organizations Code, that's usually:

• the entity's registered agent at its registered office on file with the Secretary of State (§ 5.201);
• for a corporation, its president or any vice president (§ 5.255); for partnerships and LLCs, the partners, managers or members the statute names; or
• the Texas Secretary of State, when the registered agent can't be found at the registered office with reasonable diligence, or a foreign entity's registration is revoked or it does business here unregistered (§ 5.251).

Big commercial agents such as CT Corporation and CSC accept service at their Texas offices during business hours, and many close early, so same-day agent service needs to be requested before 1:00 PM Central. Secretary of State service takes its own fee and paperwork, and the SOS certificate you'll need for a default can take weeks to arrive. Nonresidents doing business in Texas can also be reached through the SOS under the long-arm statute (Civil Practice and Remedies Code § 17.044).

Attempts, diligence and timing

Rule 105 requires whoever receives process to note the day and hour it was received and to execute and return it without delay. In practice, that means attempts start quickly and are spread across different days and times so the server catches the defendant at home or at work.

• No Sunday service. Rule 6 bars serving process on Sunday, except in injunction, attachment, garnishment, sequestration and distress proceedings.
• Varied attempts. Encore orders include up to four attempts at varied days and times, each logged with a timestamp, GPS location and photos where permitted.
• Turnaround is a choice. Routine, rush, same-day and immediate service each have their own timeline. Same-day orders must be in before 2:00 PM Central. See service levels and turnaround.
• Hearing dates drive the plan. TROs, protective orders and notices of hearing are flagged so they're served before the setting.

Related reading: how long it takes to have papers served.

When service fails: the options Texas allows

Some defendants avoid the door, move without a forwarding address or simply can't be found. When that happens, the server's return has to show the diligence used and why service failed (Rule 107(d)), and that record becomes the foundation for whatever comes next.

Deeper dive: the affidavits Texas courts want before approving alternative service.

The return of service

The return is the server's sworn account of what happened, and it's what the judge relies on. Since the amendments effective December 1, 2024, Rule 107(b) requires the return, with anything attached to it, to include:

The server signs the return. Anyone other than a sheriff, constable or clerk must either verify it or sign it under penalty of perjury using the declaration the rule provides. The return is then filed with the court, electronically where available (Rule 107(g)).

Why it matters: sewer service and false returns in Texas · how to prepare and file a return of service.

After service: answer deadlines and default timing

The service date starts the defendant's clock. The deadline depends on the court:

Example: a defendant served in district court on Friday, March 1 counts 20 days to Thursday, March 21. The answer is due by 10:00 AM on the next Monday, March 25. If that Monday is a legal holiday, Rule 4 moves it to the next business day.

The ten-day clock in Rule 107(h) runs from when the return is filed, not from the date of service, which is one more reason a fast, accurate return matters. Eviction cases follow their own rules and timelines under Rule 510.

Working with a process server

Not every serving company works the same way. Some pass your papers to the lowest bidder; others manage every file with their own standards. Here's how to tell the difference: Goldilocks and the three process-serving companies and what to expect from your process server.

Frequently asked questions