Texas State Process Service

$169 Routine - $219 Rush

In Texas, the rules for service of process are governed by the Texas Rules of Civil Procedure (TRCP). Below are key points regarding service of process in Texas:

Who Can Serve Process?

• Service can be performed by:
  • A sheriff or constable.
  • A person certified by the Supreme Court of Texas.
  • A disinterested person at least 18 years old, authorized by the court.
  • Attorneys and parties to the suit cannot serve process.

Methods of Service

1. Personal Service:
   • Delivery of documents directly to the individual being served.
   • Must include a copy of the citation and the petition.
2. Service by Mail:
   • Certified or registered mail, return receipt requested.
   • Must include a copy of the citation and the petition.
   • Service is valid when the defendant signs the return receipt.
3. Substitute Service (Rule 106(b)):
   • If personal service or service by mail is unsuccessful, a motion can be filed requesting substitute service.
   • The court may authorize delivery to someone over 16 years of age at the defendant's residence or place of business or by any other method likely to give actual notice.
4. Service by Publication (Rule 109):
   • Used when the defendant cannot be located after due diligence.
   • Requires a sworn statement demonstrating the need for publication.
   • Notice is published in a local newspaper or other authorized medium.
5. Electronic Service:
   • Permitted in some cases, such as email, if approved by the court under Rule 106(b)(2).
6. Out-of-State Defendants:
   • Service must comply with Texas rules and the jurisdiction where the defendant resides.
   • Methods include personal service or mail.

Return of Service

• Proof of service must be filed with the court.
• For personal service, the return must include:
  • Who was served.
  • When and where they were served.
  • Method of service.
• For mail, the signed return receipt must be filed.
• For publication, proof of publication must be submitted.

Deadlines and Timelines

• A defendant generally has 20 days plus the following Monday at 10:00 a.m. to file an answer after being served.
• If service is not executed within the validity period of the citation (usually 90 days), a new citation may be required.

Special Considerations

• Service on corporations or business entities requires delivery to an officer, registered agent, or someone authorized to accept service (Rule 107).
• Alternative methods must still ensure due process and proper notice.