Texas · Procedure

What If They Avoid Service in Texas

When a defendant in Texas actively avoids service, the path forward is a Rule 106(b) motion for court-authorized substitute service. Unlike most states, Texas does not allow self-executing substitute service — a court order is required before any alternative method can be used.

Direct answer

The short answer

When a defendant in Texas actively avoids service, the path forward is a Rule 106(b) motion for court-authorized substitute service. Unlike most states, Texas does not allow self-executing substitute service — a court order is required before any alternative method can be used.

The motion requires an affidavit of diligence documenting all prior attempts. Without that documented record, the motion will be denied.

Consequence

Why it matters

In Texas, every alternative service method requires judicial authorization. You cannot leave papers at a door, with a family member, or in any non-personal way without a court order — even after a dozen failed attempts. Skipping the Rule 106 motion and self-executing substitute service produces invalid service that the defendant can successfully challenge.

The diligence record you build during personal service attempts is not just process documentation. It is the evidentiary foundation for the Rule 106 motion. Poorly documented attempts — or a single attempt presented as diligence — result in denied motions and further delay.

Practice

How it works in practice

Document every attempt from attempt one

Date, time, exact address, description of premises, whether anyone was present or visible, what contact was made. "No answer" is not sufficient. "No answer at 9:14am on Tuesday — vehicle matching defendant's description in driveway, lights visible in front room" supports a Rule 106 motion.

Multiple attempts at varied windows

Harris County courts expect attempts at different times of day (mornings, evenings) and different days of the week. A record showing three attempts all on Tuesday afternoon does not demonstrate diligence across the defendant's actual schedule.

File the Rule 106(b) motion

After documented diligence fails, file the motion in the court where the case is pending. The motion must attach the affidavit of diligence. Courts in Harris County Family District, District, and County Courts at Law all consider Rule 106 motions regularly.

What substitute service the court authorizes

Courts most commonly authorize: delivery to an adult resident at the dwelling, posting on the front door, certified mail, or a combination. The order specifies exact method — you can only use what the court orders.

Skip trace when address may be wrong

If service consistently fails at a confirmed address, the address may be stale. Skip trace compiles current address data from public records, utilities, and other sources before a Rule 106 motion is filed for the wrong location.

Risk

Common mistakes and edge cases

Self-executing substitute service without Rule 106 order

Leaving papers at the door or with a neighbor after personal service fails — without a court order — is not valid service in Texas. The case does not proceed and the service must be redone correctly.

Vague affidavit of diligence

"Attempted service several times with no answer" is not a diligence affidavit. Courts need specific dates, times, addresses, and observations. Generic language is routinely rejected.

All attempts at the same time of day

Three attempts all at 10am look like a formality, not genuine diligence. Vary morning, evening, and weekend attempts to demonstrate real effort.

Filing Rule 106 motion in wrong court

The motion must be filed in the court where the case is pending — not just any court. Filing in the wrong court produces no authorization.

Not updating address before filing motion

A Rule 106 motion filed for an address the defendant has moved away from produces a court order to serve someone at a location where they no longer live.

Where this applies

Where this applies in Texas

These rules apply statewide under the Texas Rules of Civil Procedure. Execution is handled county by county.

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