What Texas law requires for service of process
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.
These are the rules that matter most when hiring or working as a process server in Texas. Quotes are from the current Texas Rules of Civil Procedure published by the Texas Judicial Branch (downloaded October 9, 2026). Always read the full rule.
| Rule | What it covers | Key text |
|---|---|---|
| 6 | Sunday | No process "issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings" |
| 99 | Citation; answer date | Requesting party "shall be responsible for obtaining service"; answer due "on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service" |
| 103 | Who may serve | Sheriff, constable or other person authorized by law; person 18+ authorized by law or written court order; "any person certified by the Judicial Branch Certification Commission" |
| 105 | Duty of server | Endorse "the day and hour on which he received it" and "execute and return the same without delay" |
| 106 | Methods | In-person delivery, or registered/certified mail with return receipt requested; alternative service by court order |
| 107 | Return of service | Required contents, including a certified server's ID number and expiration date; verification or penalty-of-perjury signature; 10-day rule for default judgment |
| 108 | Defendant outside Texas | Notice "may be served by any disinterested person who is not less than eighteen years of age" |
| 119 | Acceptance / waiver | Defendant may accept or waive service by a signed, sworn written memorandum filed in the case |
| 501.2 | Justice courts | Sheriff/constable, JBCC-certified server, clerk (by mail), or court-authorized adult; no Sunday service except listed proceedings |
Rule 103 — who may serve
Process including citation and other notices, writs, orders, and other papers issued by the court may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified by the Judicial Branch Certification Commission.
The rule also says no party or person interested in the outcome may serve process in that suit, and, unless a written court order says otherwise, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced
. Mail service and citation by publication must, if requested, be made by the clerk.
Rule 106 — methods of service
(a) Unless the citation or a court order directs otherwise: (1) deliver to the defendant, in person, a copy of the citation (showing the delivery date) and of the petition; or (2) mail them by registered or certified mail, return receipt requested.
(b) On a motion supported by a sworn statement (or one made under penalty of perjury) showing where the defendant can probably be found and the failed attempts, the court may authorize service by leaving copies 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. The 2020 comment ties this to Civil Practice and Remedies Code §17.033.
Rule 107 — the return of service
The return must include: the cause number and case name; the court; what was served; the date and time process was received; the person or entity served; the address served; the date of service or attempted service; the manner of delivery; the server's name; for a JBCC-certified server, the certification ID number and expiration date; and any other information required by rule or law. Further requirements:
- For certified-mail service, attach the return receipt with the addressee's signature (107(c)).
- If not served, show the diligence used and the cause of failure (107(d)).
- A return signed by someone other than a sheriff, constable or clerk must be verified or signed under penalty of perjury, using the declaration form in the rule (107(e)).
- For alternative service, proof is made as the court orders (107(f)), and the return must be filed with the court (107(g)).
- No default judgment until proof of service has been on file ten days, excluding the day of filing and the day of judgment (107(h)). The 2021 comment notes some statutes exempt certain orders.
Certification of private process servers
Private process servers named under Rule 103(3) are certified by the Judicial Branch Certification Commission. Its public licensee search shows status and expiration; see how to verify a certification.