Alternative service lives or dies on the affidavit. Rule 106(b) requires a sworn statement identifying where the defendant can probably be found and stating specifically the facts showing attempted service failed there. Rule 109 imposes an independent duty on the court to inquire into the sufficiency of your diligence before rendering judgment. We build the record that satisfies both — and holds up when the judgment is later attacked.
Judges deny these motions for predictable reasons. Every affidavit we produce is written against the three things the court has to be able to find on the face of the record.
Each is built to the finding its rule requires — not a generic "due diligence" form with the caption changed. Pick the method you're asking for, or tell us the facts and we'll recommend the strongest one.
Pairs with Encore's Secretary of State delivery: we take the duplicate copies to Austin, pay the statutory fee, and return the Secretary's certificate for your file.
The affidavit is the evidence; the motion is the ask. On request we prepare the draft motion and proposed order that go with it — built on the same facts, keyed to the same exhibits, and written to the finding the rule requires — so counsel reviews, revises, and signs rather than starting from a blank page.
Drafts are prepared at counsel's direction for counsel's review and signature. Encore does not file, appear, or give legal advice.
When the court wants one more thing — another attempt window, a specific source, a finding the first motion didn't reach — we run the additional work and deliver a supplemental affidavit keyed to the original exhibit numbering, so counsel refiles rather than restarts.
The investigator who signed the affidavit or ran the surveillance appears for a contested motion, a bill of review, or a deposition and testifies to the work as performed — the search log and exhibit package in hand.
Already have attempts on file that won’t carry a motion, or a motion that was denied? See enhanced affidavits when the service record is thin.
Every avenue below is worked and logged — not sampled — so the affidavit can recite what was searched, when, and what came back. This is the difference between a search the court can inspect and a search it has to take on faith.
Encore does not authorize alternative service — your court does. Our role is to hand you a record that makes the finding easy: specific facts, dated sources, and a stated basis for why the method you're requesting is reasonably calculated to reach this defendant. If the motion is contested or the judgment is later challenged, the investigator who signed the affidavit is available for a supplement, a hearing, or deposition.
Request an affidavit quoteNot sure where the defendant is yet? Start with a locate — a comprehensive locate with affidavit is the natural foundation if service later fails.
After the orderStatewide Service of ProcessOnce the court signs, Encore's process servers carry out the substituted, posted, or electronic service and return it with the evidence the order requires.
Premium options that attach to service of process, substitute-service attempts, locates, and surveillance to give you documentation and real-time visibility in the field.
Service of process or field investigation captured on timestamped video — an evidentiary record of the attempt or serve, ready for your file and the court.
Optional real-time status texts every 30–60 minutes while an investigator or server is actively working the assignment, so you always know where things stand.
Move to the front of the line when timing is critical. Choose the turnaround that fits your deadline:
Rush availability varies by service and subject; confirmed at quote.
Tell us the method you're seeking, what's been tried, and your deadline. We'll confirm which affidavit fits and send a per-matter quote. Prefer email? Reach us at investigations@encorelegalprocess.com.
Schedule a consultation with our investigations team to scope a complex matter or strategy. A consultation fee applies and may be waived or applied toward the cost of certain services.
Schedule a consultationOur step-by-step intake walks you through everything we need for one case, including subject details and prior service attempts. This quote request is better for firms with ongoing or high-volume needs.
Open the intake form →Send us the non-serve and the deadline. We'll build the diligence record — and the motion to go with it — so the court can grant what you're asking for.
Request an affidavit quote