How to serve papers in Texas

Updated October 9, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.

In Texas civil cases, the party who files suit must make sure each defendant is formally served with the citation and a copy of the petition. Here is the sequence the Texas Rules of Civil Procedure (TRCP) set out for district and county courts. Justice courts (small claims, debt claims, evictions) follow Rule 501.2, noted at the end.

1. Get the citation issued

After the petition is filed, the clerk issues a citation on request. Rule 99(a) puts the job of getting it served on you: The party requesting citation shall be responsible for obtaining service of the citation and a copy of the petition.

2. Choose who will serve it

Rule 103 lists who may serve process "anywhere": (1) a sheriff, constable or other person authorized by law, (2) a person at least 18 who is authorized by law or written court order, or (3) any person certified by the Judicial Branch Certification Commission. Two limits matter in practice:

  • No interested persons. No person who is a party to or interested in the outcome of a suit may serve any process in that suit.
  • Some process is reserved for sheriffs and constables. Unless a written court order says otherwise, only a sheriff or constable may serve a citation in a forcible entry and detainer (eviction) action, a writ that requires taking possession of a person, property or thing, or process that must be physically enforced.

Only named individuals are certified — the JBCC's FAQ says a company cannot be authorized to serve process. Find a certified server by county.

3. Serve it by an allowed method

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

  1. delivering a copy of the citation (showing the delivery date) and of the petition to the defendant in person; or
  2. mailing them by registered or certified mail, return receipt requested.

Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court (Rule 103).

4. If service keeps failing: ask for alternative service

Under Rule 106(b), you can move for alternative service with a statement (sworn before a notary or made under penalty of perjury) listing where the defendant can probably be found and the specific facts of the failed attempts. The court may then authorize service by leaving the papers with anyone older than sixteen at that location, or in any other manner, including electronically by social media, email, or other technology that will be reasonably effective to give notice.

5. Mind Sunday

Rule 6: process may not be issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings.

6. File the return of service

Whoever serves (or attempts) must complete a return under Rule 107 showing, among other things, the cause number and court, what was served, when it was received, who was served, the address, the date and manner of service, the server's name and — for a JBCC-certified server — his or her identification number and the expiration date of his or her certification. A return signed by anyone other than a sheriff, constable or clerk must be verified or signed under penalty of perjury. If service failed, the return must show the diligence used.

7. Know the clocks

  • Answer deadline: the citation directs the defendant to answer on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service (Rule 99(b)).
  • Default judgment: none may be granted until proof of service has been on file with the clerk ten days, exclusive of the day of filing and the day of judgment (Rule 107(h)).

Other situations

  • Defendant agrees to accept service: Rule 119 allows a signed, sworn written waiver or acceptance filed with the court.
  • Defendant outside Texas: Rule 108 allows service by any disinterested person at least 18, in the same manner as Rule 106.
  • Justice court cases: Rule 501.2 allows service by a sheriff or constable, a JBCC-certified process server, the clerk (by registered or certified mail), or a court-authorized person 18 or older. Mail service there is restricted delivery, with a return receipt or electronic return receipt requested.

Sources

  1. Texas Rules of Civil Procedure (Texas Judicial Branch, current edition; downloaded Oct. 9, 2026)
  2. JBCC — Process Server Certification: Frequently Asked Questions