How Many Service Attempts Are Required in Texas?

For ordinary district and county court civil citation, Rule 106(a) provides personal delivery of the citation and petition or registered or certified mail, return receipt requested, unless the citation or court order otherwise directs. A three-attempt package is a commercial scope, not the text of the rule.

Rule 106(b) permits a motion supported by a statement sworn before a notary or made under penalty of perjury. It must list a location where the defendant can probably be found and specifically describe unsuccessful attempts under Rule 106(a)(1) or (a)(2) at that location. The rule does not promise approval after any particular count.

Personal delivery to the defendant at work can satisfy Rule 106(a)(1). Leaving an initial citation with a receptionist or coworker is not personal delivery to the defendant; use a substituted method only when authorized and follow the order.

On the required showing, the court may authorize leaving the citation and petition with someone older than sixteen at the specified location, or another method the evidence shows will reasonably give notice, including electronic methods. The order must come before using the substituted method.

Rule 107 governs the return. For court-authorized alternative service, proof must be made as the court orders. Justice-court cases and eviction proceedings have separate rules; this explanation is not a substitute for checking them.

Varying the hour and day can help when a known schedule explains a failed visit. Confirm whether another lawful address is useful and record what happened at each visit. No verified local order is cited here establishing a three-to-five-attempt requirement in Harris County or any other county.

Rule 6 generally prohibits issuing or serving process on Sunday, with exceptions for injunction, attachment, garnishment, sequestration and distress proceedings, and a publication exception. An approaching deadline alone is not an exception.

Before ordering additional attempts, confirm the locations, included visits, travel charges and the factual statement available if service remains unsuccessful. Under Rule 107(d), an unsuccessful return shows diligence, the cause of failure and the defendant’s location if ascertainable.

Ask the issuing court or counsel which return and any supporting motion are needed. A documented attempt is not completed service, and a motion does not itself authorize a new method.