Texas · Procedure
To serve papers in Texas, a non-party adult 18 or older (not the plaintiff) delivers the citation and petition directly to the named defendant. The server must document every attempt, and the return of service must be filed with the court clerk before the response deadline.
Direct answer
To serve papers in Texas, a non-party adult 18 or older (not the plaintiff) delivers the citation and petition directly to the named defendant. The server must document every attempt, and the return of service must be filed with the court clerk before the response deadline.
The critical Texas difference: substitute service is not automatic. If personal service fails, a court order under TRCP Rule 106 is required before any alternative method can be used.
Consequence
If papers are not served correctly in Texas, the case cannot proceed. The 20-day answer clock never starts, no default judgment can be entered, and any hearing scheduled without valid service is on shaky ground.
Return of service errors are the most common cause of default judgment challenges in Texas courts. A return missing the time of service, the server's Rule 103 authority, or the identity of the person served is legally defective — even if the defendant actually held the papers in their hands.
Practice
Claim amount determines court tier. District Court (above $200K or family/probate), County Court at Law ($500–$200K), or Justice of the Peace (under $20K and evictions). The return must reference the specific court.
In Texas, the initiating document is a "citation" — not a summons. The clerk issues it after the petition is filed. Service cannot begin before the citation is in hand.
Residential address, workplace, and registered agent (for businesses) confirmed before dispatch. Serving at a stale address that cannot reach the defendant is a documented failed attempt, not valid service.
The citation and petition are delivered directly to the named defendant. Identity must be established at delivery. Each attempt is logged with date, time, exact address, and what was observed.
After documented diligence failures, file a Rule 106(b) motion with the court. The motion requires an affidavit listing all prior attempts. The court authorizes substitute service — you cannot self-execute it.
The return states the server's Rule 103 authority, manner of service, date, time, address, identity of person served, and server's signature. Filed with the court clerk before the response deadline.
Risk
TRCP Rule 103 prohibits parties from serving their own papers. A plaintiff who serves their own defendant has produced an invalid return that will be quashed.
Leaving papers at a door or with a family member after failed personal attempts — without a Rule 106 order — is not valid substitute service in Texas. The court must authorize it first.
The return must identify the server's authorization basis explicitly. "I delivered the papers" is not sufficient. The return must state the server's Rule 103 authority.
The citation must be obtained from the clerk before service begins. Pre-citation delivery — even if the defendant received the petition — is not legally valid service.
One failed attempt is not sufficient diligence for a Rule 106 motion. Harris County courts expect multiple attempts at varied times and addresses before authorizing substitute service.
Where this applies
These rules apply statewide under the Texas Rules of Civil Procedure. Execution is handled county by county.
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