Texas Service of Process Rules

Texas service of process rules follow many of the same general principles used in other states, but Texas also has its own specific requirements. The rules address who may serve legal documents, how service may be completed, when alternative service is allowed, and what must be included in the return of service. 

Failure to follow these requirements can have serious consequences. Improper service or an incomplete return may lead to delays, added costs, additional rounds of service attempts, or difficulty obtaining a default judgment. In some cases, unresolved service issues can even put the lawsuit at risk.

Working with an experienced Texas process server can help prevent these avoidable problems.  Choosing a dependable process-serving company gives litigation attorneys and paralegals greater confidence that this critical stage of their case will be handled professionally.

Where to Find Texas’ Service of Process Rules

Texas service of process requirements are found throughout the Texas Rules of Civil Procedure and in statutes that apply to particular defendants or types of cases. Rule 103 identifies who is authorized to serve process, while other rules address permitted methods of service, alternative service, and the required return of service. Additional requirements may apply in cases involving businesses, nonresident defendants, government entities, evictions, and other specialized proceedings. 

In certain situations, Texas law designates the Secretary of State as an agent for service of process. For example, service through the Secretary of State may be available for certain business entities that have not maintained a registered agent and for some nonresident defendants. 

Because the proper method of service can depend on both the type of case and the identity of the defendant, careful review is essential. A professional process service company can help coordinate service under the applicable rules and provide the documentation needed to move your case forward.

Who Can Serve Legal Papers in Texas

Texas law does not allow just anyone to serve the documents that formally begin a lawsuit. Under Rule 103 of the Texas Rules of Civil Procedure, court-issued process, including citations, notices, writs, and orders, may generally be served by:

• A sheriff, constable, or another person authorized by law;

• A person who is at least 18 years old and is authorized by law or by written court order

• A process server certified by the Texas Judicial Branch Certification Commission

A party to the lawsuit, or anyone with an interest in its outcome, may not serve process in that case. 

Another important restriction in Texas’ service of process rules has to do with Sunday service. Rule 6 states that no civil suit shall be commenced nor legal process issued or served on a Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings. However, a citation (the court issued notice that informs a defendant  of the lawsuit) can be served by publication even if it appears on a Sunday.

Certain types of process are reserved for law enforcement officers. Rule 103 generally requires  a sheriff or constable to serve process that involves taking possession of a person or property or physically enforcing a court order. Because the authorized server can depend on the type of document and proceeding, careful handling is essential. Working with an experienced process service company helps route the serve to the appropriate server, follow applicable service of process rules, and obtain the required documentation.

Alternative Service of Process in Texas

Personal delivery is not the only way to serve a defendant in Texas. Rule 106 of the Texas Rules of Civil Procedure also allows the citation and petition to be sent by registered or certified mail with return receipt requested. According to Rule 103, when requested, service by registered or certified mail must be completed by the clerk of the court where the case is pending.

When service cannot be completed personally or by registered or certified mail, the plaintiff may ask the court to approve another method. The request must be supported by a sworn statement or a statement made under penalty of perjury identifying a location where the defendant can probably be found and explaining the unsuccessful service attempts made there.

The court may authorize service of process by leaving a copy of the citation and petition with someone over the age of 16 at the approved location. The court may also authorize service in any other manner, including electronically through social media, email, or other technology that would be reasonably effective to give the defendant notice of the suit.

Citation by publication is a separate procedure generally reserved for circumstances in which the defendant’s residence or whereabouts cannot be located after due diligence, or for other situations specifically authorized by law. 

Because the available options, and the evidence needed to support them, depend on the circumstances of each case, detailed records of every service attempt are essential. An experienced process service company can provide the accurate attempt documentation that legal teams need when court-authorized alternative service becomes necessary.

Serving a Texas Corporation with Legal Papers

Serving a business in Texas requires more than simply delivering papers to its office. There are specific rules that cover this type of service of process. Corporations, limited liability companies, and many other entities formed in Texas, or registered to do business there, must maintain a registered agent and a registered office in the state. The registered agent is authorized to receive legal process on the entity’s behalf.  

The citation and the petition can be either personally delivered or sent by registered or certified mail with return receipt requested. If, for some reason, a registered agent is not maintained by the entity or the registered agent cannot be found at the registered office after reasonable diligence, Texas law may permit the documents to be served through the Secretary of State.

Depending on the type of business entity, Texas law may also authorize service on certain company officials. For example, a corporation may be served through its president or a vice president. A manager-managed LLC may be served through a manager, while a member-managed LLC may be served through a member.

Rely on Professional Process Servers

Texas is a big state and there’s a lot of ground that needs to be covered when attempting to properly serve legal papers. Working with a professional process service company, you can be assured that the resources are available to cover jurisdictions across the entire state.