Process Serving in Texas

In Texas civil cases, citation and other process may be served by a sheriff or constable, a process server certified by the Judicial Branch Certification Commission (JBCC), or another person authorized by law or by court order. If requested, the court clerk must make service by registered or certified mail; publication service is also handled through the clerk or an authorized public officer.

Texas civil procedure rules apply in justice, county, district, and business courts. The rules and deadlines differ for some justice-court matters, and special procedures can apply to particular case types.

Court Runner USA connects you with certified process servers who serve papers across Texas.

General information, not legal advice. Last checked October 2026.

Sources:

• Tex. R. Civ. P. 2, 103
• Tex. R. Civ. P. 109, 116
• JBCC process server certification

For most Texas civil process, Rule 103 allows service by a sheriff or constable, a person authorized by law, a person at least 18 years old authorized by written court order, or a JBCC-certified process server. A party to the suit or a person interested in its outcome may not serve process in that suit. If requested, the clerk must serve by registered or certified mail.

Certification is not the only route in every case: Rule 103 also recognizes people authorized by law or by written court order. The JBCC’s FAQ advises checking with the local court if you are unsure whether it authorizes service. A certified server is certified by the JBCC to serve process statewide; the JBCC’s rules address an approved course, criminal-history requirements, and continuing education. The JBCC rules also state that a certification examination requirement applies to applications submitted on or after January 1, 2027.

There are specific limits: unless a written court order authorizes otherwise, only a sheriff or constable may serve an eviction citation, process requiring the physical taking of possession, or process requiring physical enforcement by the person serving it. A subpoena has a separate rule: it may be served by a sheriff or constable, or by a person who is not a party and is at least 18.

Sources:

• Tex. R. Civ. P. 103, 176.5, 501.2
• JBCC process server certification FAQ
• JBCC Rules, including Process Server Certification
• JBCC 2026 process server rules posting
• JBCC 2026 standardized process server curriculum

For district and county court citations, ordinary service is by delivering a copy of the citation and petition to the defendant in person, or by registered or certified mail with return receipt requested. Justice-court mail service has an additional requirement: the mailing must be restricted delivery.

If ordinary methods are unsuccessful, a court may authorize substituted service on a motion supported by an affidavit. Depending on the evidence and the order, this may include leaving the papers with someone older than 16 at the location specified by the court, or another method the court finds reasonably effective to give notice. Rule 106(b)(2), added in the 2020 amendments effective December 31, 2020, allows court-ordered electronic service by social media, email, or other technology when reasonably effective to give the defendant notice.

Businesses are generally served through an individual authorized to receive process, often the registered agent. The Business Organizations Code provides for service through the Secretary of State in specified circumstances, such as certain failures to appoint or maintain a registered agent. Citation by publication is available when its requirements are met; Rule 109a allows another court-ordered method when publication is authorized and the court finds the alternative as likely to provide actual notice. A subpoena has separate requirements: personal delivery to the witness, with applicable fees tendered.

Sources:

• Tex. R. Civ. P. 103, 106, 109, 109a, 176.5, 501.2
• Business Organizations Code, Chapter 5
• JBCC 2026 standardized process server curriculum
• District Clerk Manual, 2023 edition

For most district and county court lawsuits, the citation directs the defendant to answer by 10:00 a.m. on the Monday next after the expiration of 20 days after the date of service. Justice-court cases use a different general deadline: the answer is due by the end of the 14th day after the day the defendant was served. If that day is a Saturday, Sunday, or legal holiday, the justice-court answer is due the next day that is not one of those days.

A court may not grant a default judgment until proof of service has been on file with the clerk for 10 days, excluding the day it was filed and the day judgment is rendered. This applies to proof under Rule 107 and the specified other methods in the rule.

Service may not be issued or made on Sunday except in the proceedings listed in Rule 6; citation published on Sunday is valid. Rule 4 addresses how legal holidays affect the computation of deadlines. For a motion seeking substituted service under Rule 106(b), the affidavit must set out the relevant location and facts showing unsuccessful attempts to serve by an ordinary method there; the rule sets no statewide numerical minimum of attempts.

Sources:

• Tex. R. Civ. P. 4, 6, 99
• Tex. R. Civ. P. 106, 107(h), 502.5(d)
• JBCC 2026 standardized process server curriculum

Rule 6 prohibits issuing or serving process on Sunday, except for injunction, attachment, garnishment, sequestration, or distress proceedings. Citation by publication published on Sunday is valid.

A person who is a party to a suit or interested in its outcome may not serve process in that suit. A person authorized by written court order under Rule 103 must be at least 18 years old. Under Rule 106(b)(1), the court may authorize leaving process with someone older than 16 at a specified location; that age requirement concerns the person receiving the papers, not the server.

The statewide rules do not state a general ban on service on legal holidays. Rule 4 addresses legal holidays in computing deadlines, which is different from barring service on those days. The statewide sources also do not set a universal number of attempts for substituted-service requests; the court evaluates the facts, and its order must be followed.

Sources:

• Tex. R. Civ. P. 4, 6, 103, 106
• JBCC 2026 standardized process server curriculum

Rule 107 requires a return of service. It must identify the case and court, describe what was served, state when the process was received for service, identify the person or entity served and the address, and give the date and manner of service or attempted service. It must also identify the person who served or attempted service. If that person is JBCC-certified, the return must include the server’s identification number and certification expiration date.

A return by someone other than a sheriff, constable, or clerk must be verified or signed under penalty of perjury. Rule 107 provides for an unsworn declaration under penalty of perjury in the form specified by Civil Practice and Remedies Code § 132.001. The return and any documents attached to it must be filed with the court; electronic or fax filing is permitted if available. Rule 107(h) sets the 10-day on-file period before a default judgment.

Sources:

• Tex. R. Civ. P. 16, 107
• Tex. Civ. Prac. & Rem. Code § 132.001
• JBCC Process Server Rules and Resources
• JBCC 2026 standardized process server curriculum