Texas Process Server Citation Service in All 254 Counties Under Texas Rule 106

Citation first, then service

Once the petition is filed, the clerk issues the citation on request and delivers it as the requesting party directs, and that party carries the job of getting the citation and a copy of the petition served. The plaintiff or counsel may prepare the citation for the defendant, in the form the Rules require, and whoever files the pleading supplies the clerk with enough copies for every party to be served.

Tex. R. Civ. P. 99(a), (d); CPRC § 17.027

The Monday answer date

A district or county court citation directs the defendant to file a written answer by 10:00 a.m. on the Monday next after twenty days have run from the date of service. It also warns that a default judgment may be rendered for the relief the petition demands, and that the defendant may have to make initial disclosures. A district or county court citation by publication instead sets 10 a.m. on the first Monday after 42 days from its issuance (Rule 114), and in a justice court small claims or debt claim case the answer is due by the end of the 14th day after service, unless service was by publication (Rule 502.5(d)); a justice court eviction or repair and remedy citation instead sets a trial date 10 to 21 days after the petition is filed (Rules 509.3(b), 510.8(b)).

Tex. R. Civ. P. 99(b)–⁠(c); 114; 502.5(d); 509.3(b); 510.8(b)

Who may serve a citation

Rule 103 lets process issued by the court be served anywhere by (1) a sheriff or constable or other person authorized by law, (2) a person authorized by law or by written order of the court who is at least eighteen, or (3) a person certified by the Judicial Branch Certification Commission; the rule’s 2005 comment explains that the amendment added those who meet certification requirements promulgated by the Supreme Court. No party, and no one interested in the outcome, may serve process in that suit. A return made by a certified process server must show the server’s identification number and the expiration date of the certification (Rule 107(b)(10)). Served 123 LLC arranges service through local process servers who meet the Rule 103 requirements.

Tex. R. Civ. P. 103 and 2005 comment; 107(b)⁠(10)

Process reserved for sheriffs and constables

Unless a written court order says otherwise, only a sheriff or constable may serve a citation in a forcible entry and detainer case, a writ that requires actually taking possession of a person, property or thing, or process that requires the person delivering it to physically enforce an enforcement action. Eviction cases are governed by Rule 510, which has no court-order exception: only a sheriff or constable serves the citation, or another law enforcement officer on an alias citation after 5 business days (Rule 510.8(d)), and a justice court may not modify or suspend any part of Rule 510 (Rule 510.1(b)). When requested, the clerk of the court where the case is pending handles service by registered or certified mail and citation by publication.

Tex. R. Civ. P. 103; 510.8(d)

Service "without delay"

The officer or authorized person who receives process endorses on it the day and hour it arrived, then executes and returns it without delay. Outside two kinds of justice court case, the Rules give no fixed number of days for service: an eviction citation needs a diligent effort within 5 business days after the petition is filed and service at least 4 days before trial (Rule 510.8(d)(4)), and a repair and remedy citation is delivered to the landlord at least 6 days before the appearance date (Rule 509.4(a)); either return is filed at least one day before that date (Rules 509.4(a), 510.8(f)(1)). In district and county court a court may enlarge a period for cause shown, and can let a late act stand on motion when good cause explains the failure to act (Rule 5). In a justice court case under Rules 500 to 507 the judge may extend a period for good cause, except one relating to new trial or appeal (Rule 500.4(c)); Rule 5 does not reach an eviction case, and a justice court may not modify or suspend any part of Rule 510 (Rule 510.1(b)).

Tex. R. Civ. P. 105; 5; 500.4(c); 509.4(a); 510.1(b); 510.8(d)⁠(4), (f)⁠(1)

Two default methods

Unless the citation or a court order directs otherwise, the citation is served either by delivering it in person to the defendant, with the delivery date shown on it, together with a copy of the petition, or by mailing both to the defendant by registered or certified mail, return receipt requested. Justice court citations follow Rule 501.2, and eviction and repair and remedy citations are served by delivery, not by registered or certified mail (Rules 509.4(a), 510.8(d)(4)).

Tex. R. Civ. P. 106(a); 501.2; 509.4(a); 510.8(d)⁠(4)

Substituted service and the court order

After attempts under 106(a) fail, a motion backed by a statement that is sworn or made under penalty of perjury, naming each location where the defendant can probably be found and laying out the specific facts of the failed attempts there, lets the court authorize leaving the citation and petition with anyone older than sixteen at that location, or any other manner the evidence shows will reasonably give the defendant notice of the suit. An eviction citation needs no order: a sheriff or constable may leave it with anyone over 16, other than the plaintiff, at the defendant’s usual place of residence (Rule 510.8(d)(4)). A repair and remedy citation that cannot be served on the landlord after diligent efforts on two occasions goes to the landlord’s management company or authorized agent for service (Rule 509.4(b)(1)).

Tex. R. Civ. P. 106(b); 509.4(b)⁠(1); 510.8(d)⁠(4)

Email and social media service

Rule 106(b)(2) names social media, email and other technology among the methods a court may allow, following CPRC § 17.033. The rule’s 2020 comment tells courts to weigh whether the technology actually belongs to the defendant and whether the defendant regularly or recently used it.

Tex. R. Civ. P. 106(b)⁠(2) and 2020 comment; CPRC § 17.033

Corporations, LLCs and partnerships

Every filing entity and foreign filing entity must keep a registered agent and registered office in Texas, and the registered agent is an agent on whom any process may be served; the office has to be a street address where the agent can be served in person. By law the president and each vice president are agents of a corporation; each general partner of a limited partnership and each partner of a general partnership, of the partnership; each manager of a manager-managed LLC or member of a member-managed LLC, of the LLC; each governing person of any other entity; and each member of a nonprofit corporation’s committee authorized to perform its chief executive function, of that corporation. Citation on one partner supports judgment against the partnership and that partner.

Tex. Bus. Orgs. Code §§ 5.201, 5.255; CPRC § 17.022

When the registered agent is missing

The Secretary of State becomes the entity’s agent if it fails to appoint or keep a registered agent in Texas, or the agent cannot with reasonable diligence be found at the registered office; for a foreign filing entity, also when its registration is revoked or it does business here unregistered. Service is made by delivering duplicate copies with the required fee; the Secretary immediately sends one copy by certified mail, return receipt requested, to the entity’s most recent address on file with the Secretary, and the notice is returnable in not less than 30 days. Other lawful means of service remain open.

Tex. Bus. Orgs. Code §§ 5.251–⁠5.253, 5.256

Serving through the Secretary of State by certified mail

Where citation may go to the Secretary of State, the clerk of the court where the case is pending, or the party or its representative, may make that service by certified mail, return receipt requested.

CPRC § 17.026

Sole owners and unincorporated associations

An individual, partnership or unincorporated association with an office, place of business or agency in the county may be served through an agent or clerk employed there when the suit grows out of business done in Texas and the defendant is a nonresident of the county or the state, or is a county resident who has not been found, in which case the officer making the return of unexecuted process must first certify that after diligent search and inquiry the defendant cannot be found and served. Default judgment then waits until the 21st day after service, and this route is in addition to other methods of service.

CPRC § 17.021

Banks and credit unions

Citation on a financial institution goes to its registered agent or, if it has none, to the president or a branch manager at any Texas office; for a credit union with no registered agent, the president or vice president. A credit union located in a place of worship may not be served during a worship service.

CPRC § 17.028

Prison inmates

An inmate held in a facility operated by or under contract with the Texas Department of Criminal Justice is served through the employee the warden designates as agent for civil process, who must promptly hand the papers to the inmate.

CPRC § 17.029

Counties, cities, school districts and the State

A county: the county judge. An incorporated city, town or village: the mayor, clerk, secretary or treasurer. A school district: the school board president or the superintendent. In a Tort Claims Act suit against the State, citation goes to the Secretary of State; other governmental units are served as in other civil cases, or on the administrative head when no method is provided by law; if the administrative head is not available, the court may authorize service in any manner that gives the unit a fair opportunity to answer and defend.

CPRC §§ 17.024, 101.102(c)

Nonresidents doing business in Texas

Among other acts, a nonresident does business here by contracting with a Texas resident for performance at least partly in Texas, committing a tort at least partly in Texas, or recruiting Texas residents for employment. In a suit arising from its Texas business, if it need not keep a resident agent, process may go to whoever is in charge of that business at the time; a copy of the process and notice of the service must then be mailed at once, by registered mail or by certified mail, return receipt requested, to the nonresident or its principal place of business. The Secretary of State is its agent when it must keep a resident agent or does business here but has not designated or maintained one, when two attempts on different business days have failed for each agent, when it became a nonresident after the cause of action arose in Texas but before suit, or, in a proceeding arising out of its Texas business, when it does business here with no regular place of business or designated agent. The papers given to the Secretary must state its home or home office address, and the Secretary mails a copy there at once; for one that became a nonresident after the claim arose, the Secretary mails it to the individual, the person in charge of its business, or a corporate officer. After such a nonresident dies or is judged incompetent, the Secretary is also agent for its administrator, executor or personal representative (an heir if none is appointed) or its guardian; the Secretary requires that person’s name and address and mails a copy there.

CPRC §§ 17.042–⁠17.045

Defendants outside Texas

The notice for an absent or nonresident defendant takes the same form as a citation, and any disinterested person who is at least eighteen may serve it in the manner Rule 106 provides. The return is completed under Rule 107.

Tex. R. Civ. P. 108

Defendants in another country

Six routes: under the foreign country’s own law for its courts of general jurisdiction; as the foreign authority directs on a letter rogatory or letter of request; as Rule 106(a) provides; under an applicable international agreement; through diplomatic or consular officials when the U.S. Department of State authorizes it; or by other means the court orders that no international agreement or foreign law prohibits. Whatever the route, it must be reasonably calculated to give actual notice in time to answer and defend, and proof may follow foreign law, a court order, Rule 107 or the agreement.

Tex. R. Civ. P. 108a

What a Texas return lists

The cause number and case name; the court; a description of what was served; the date and time process was received; the person or entity served; the address; the date and the manner of service or attempted service; the name of the person who served or attempted it; for a process server certified by the Judicial Branch Certification Commission, the identification number and certification expiration date; and anything else a rule or law requires. A mail return adds the receipt bearing the addressee’s signature. The return may be, but need not be, endorsed on or attached to the citation.

Tex. R. Civ. P. 107(a)–⁠(c)

Signing the return

The person who serves or attempts service signs the return. A return signed by anyone other than a sheriff, constable or clerk must be verified or signed under penalty of perjury, using a statement in substantially the Rule 107(e) form: the declarant’s name, that they are at least 18 years old, their address, and "I declare under penalty of perjury that the foregoing is true and correct," with the county, state and date of execution. CPRC chapter 132 lets such an unsworn declaration stand in for an affidavit or verification a rule requires.

Tex. R. Civ. P. 107(e); CPRC § 132.001

When no one was served

A return on unexecuted process shows the diligence used, why service failed, and where the defendant can be found, if that can be learned. After an alternative method under Rule 106, proof is made as the court ordered.

Tex. R. Civ. P. 107(d), (f)

The ten-day wait before default

The return and its attachments are filed with the court, electronically where available. No default judgment is granted until proof of service has been on file with the clerk ten days, not counting the day of filing or the day of judgment; in a justice court case under Rules 500 to 507, including a repair and remedy case, the wait is 3 days (Rule 501.3(h)), and an eviction return is filed at least one day before trial (Rule 510.8(f)(1)). In district and county court the court may in its discretion allow process or proof of service to be amended unless material prejudice to the served party would clearly result (Rule 118); in justice court the other Rules apply only as Rules 500.1(e) and 510.1(b) allow.

Tex. R. Civ. P. 107(g)–⁠(h); 118; 500.1(e); 501.3(h); 510.1(b); 510.8(f)⁠(1)

Citation by publication

The party, agent or attorney swears that the defendant’s residence is unknown, or that the defendant is transient and could not be located after due diligence, or is absent or a nonresident and Rule 108 service failed; the clerk then issues citation for publication, and the court must inquire into that diligence before any judgment. Publication normally runs in a newspaper, once each week for four consecutive weeks with the first at least 28 days before the return is filed, and on the Public Information Internet Website for at least 28 days. The newspaper is in the county where the suit is pending, or where the land lies in a title or partition suit; a sheriff, constable or the clerk serves the newspaper citation, and the clerk serves the website one. A county with no newspaper published, printed or generally circulated there is one case where the newspaper step is skipped. Wherever publication is authorized, the court may on motion prescribe a different method of substituted service if it finds, and recites in its order, that the method would be as likely as publication to give the defendant actual notice; the return then states particularly how service was made and attaches any return receipt, returned mail or other evidence of the result. Rule 510 provides no publication for an eviction citation: the other Rules apply in an eviction case only where law or the rules specifically say so (Rule 510.1(b)), and Rule 510.8 sets delivery, then court-authorized delivery to the premises.

Tex. R. Civ. P. 109; 109a; 116; 510.1(b); 510.8(d)–⁠(e)

Accepting or waiving service

After suit is filed, a defendant, or an authorized agent or attorney, may accept or waive service by a signed written memorandum, sworn before a proper officer who is not an attorney in the case, and filed. The signer gets a copy of the petition and acknowledges it in the memorandum, and in a divorce the memorandum includes the defendant’s mailing address. An answer is itself an appearance that makes service unnecessary, and a defendant who gets citation or service quashed is treated as appearing at 10 a.m. on the Monday after twenty days from the quash.

Tex. R. Civ. P. 119; 121; 122

No judgment without service

Judgment is rendered only after service, acceptance or waiver, or an appearance, unless a law or rule expressly provides otherwise. Estate and guardianship proceedings follow the Estates Code’s own methods of service and proof.

Tex. R. Civ. P. 124; 106 (2024 comment)

Sunday service

Rule 6 forbids commencing a civil suit or issuing or serving process on Sunday, except in injunction, attachment, garnishment, sequestration or distress proceedings; citation by publication that appears on a Sunday is still valid.

Tex. R. Civ. P. 6

Justice court cases: Rules 500 to 510

Small claims and debt claim cases in justice court are governed by Rules 500 to 507 (debt claims also by Rule 508), repair and remedy cases by Rules 500 to 507 and 509 (Rule 509 controls where it conflicts with the rest of Part V), and eviction cases by Rule 510. Only a sheriff or constable may serve an eviction citation; if neither has served it within 5 business days after the petition is filed, the plaintiff may request an alias citation for service by another law enforcement officer (Rule 510.8(d)). In the Rule 500 to 507 cases, no party or person interested in the outcome may serve citation; it may be served by a sheriff or constable, a process server certified by the Judicial Branch Certification Commission, the clerk when it goes by registered or certified mail, or a person 18 or older authorized by court order. If the plaintiff has filed a Statement of Inability to Afford Payment of Court Costs, the citation must be served by a sheriff, constable or court clerk (Rule 501.2(c)). Service is by delivery to the defendant in person, with the delivery date endorsed on the citation, or by registered or certified mail, restricted delivery, with return receipt or electronic return receipt requested; a repair and remedy citation is instead delivered to the landlord at least 6 days before the appearance date, with the return filed at least one day before it (Rule 509.4(a)). A citation cannot be served on a Sunday except in attachment, garnishment, sequestration or distress proceedings. If those methods are insufficient, a request with a sworn statement describing the attempts and stating where the defendant can probably be found lets the court authorize first-class mail to a specified address plus leaving a copy with anyone at least 16 at the residence or other place the defendant can probably be found, or first-class mail plus any other method reasonably likely to give notice; for a repair and remedy citation, Rule 509.4(b) replaces that step: after diligent efforts on two occasions (or at once if the petition lacks the landlord’s name and business street address), delivery to the landlord’s management company or authorized agent, and only then a court-authorized delivery at a business street address plus first-class mail. In the Rule 500 to 507 cases a default needs proof of service on file 3 days, not counting the filing and judgment days (Rule 501.3(h)). In small claims and debt claim cases the answer is due by the end of the 14th day after service, or after service by publication by the end of the 42nd day after the citation was issued (Rule 502.5(e)); a repair and remedy citation instead sets an appearance (trial) date 10 to 21 days after filing, and a written answer is optional (Rule 509.3(b)).

Tex. R. Civ. P. 500.1; 501.2(a)–⁠(e); 501.3(h); 502.5(d)–⁠(e); 509.3(b); 509.4; 510.8(d)

Deadlines that land on a weekend or holiday

When the last day of a period falls on a Saturday, Sunday or legal holiday, the period runs to the end of the next day that is none of those. In periods of five days or less under the Rules, those days are not counted at all, except that they are counted for the three-day periods in Rules 21 and 21a, which extend other periods by three days when service is made by mail. In justice court cases, including evictions, every day counts, Saturdays, Sundays and holidays included, and a last day that falls on one moves to the next day that is none of those (Rules 500.4(a), 510.4(a)).

Tex. R. Civ. P. 4; 500.4(a); 510.4(a)

Legislators during a legislative proceeding

No one may serve citation or other civil process in person on a member, officer or employee of the Texas Senate or House during any legislative proceeding, and a court must quash service made in violation.

CPRC § 30.0035

Dismissal for want of prosecution

A case may be dismissed when a party seeking affirmative relief fails to appear for a hearing or trial it had notice of, and a case not disposed of within the Supreme Court’s time standards may be placed on a dismissal docket. A verified motion to reinstate is filed within 30 days after the dismissal order is signed, or within the period Rule 306a provides.

Tex. R. Civ. P. 165a

Serving a Texas subpoena

Any sheriff or constable of Texas, or any non-party who is 18 or older, may serve a subpoena anywhere in the state by delivering a copy to the witness and tendering any fees the law requires; the party who summons the witness pays one day’s fee when the subpoena is served. If the witness is a party represented by an attorney of record in the proceeding, the subpoena may be served on that attorney. Proof is filed as either the witness’s signed memorandum accepting the subpoena or the server’s statement of the date, time and manner of service and the name of the person served.

Tex. R. Civ. P. 176.5; CPRC § 22.001(b)

Subpoena limits and enforcement

No one can be required by subpoena to appear or produce in a county more than 150 miles from where they reside or are served, except a person whose appearance or production at a deposition can be compelled by notice alone under Rules 199.3 or 200.2 (under Rule 199.3, a party, or a witness retained by, employed by or otherwise subject to the control of a party), who may be required to appear and produce at any location Rule 199.2(b)(2) permits. A person who disobeys a served subpoena without adequate excuse may be held in contempt of the issuing court or of a district court in the county of service, but no fine or attachment issues without an affidavit that all fees due the witness were paid or tendered.

Tex. R. Civ. P. 176.3(a), 176.8; 199.3

Nonparty production subpoenas

A party seeking discovery from a nonparty serves the required notice on the nonparty and every party; a notice to produce under Rule 205.3 goes out at least 10 days before the subpoena compelling production is served.

Tex. R. Civ. P. 205.2

Out-of-state subpoenas: Rule 201.3

Texas adopted the Uniform Interstate Depositions and Discovery Act by court rule, as modified to leave out premises inspection by subpoena. A party submits the out-of-state subpoena (one issued under the authority of another state’s court) to a district or county clerk in the county where discovery will take place, without making an appearance in a Texas court. The clerk promptly issues a Texas subpoena that incorporates the foreign terms and contains or comes with the names, addresses and telephone numbers of all counsel of record and any unrepresented party who has appeared. It is served under Rules 176 and 205, and Rules 190 to 200 and 205 govern the discovery.

Tex. R. Civ. P. 201.3 and 2025 comment

Rules verified October 2026 against Texas Rules of Civil Procedure 4, 5, 6, 21, 21a, 99, 103, 105 through 109, 109a, 114, 116, 118, 119, 121, 122, 124, 165a, 176.3, 176.5, 176.8, 199.2, 199.3, 200.2, 201.3, 205.2, 205.3, 306a, 500.1, 500.4, 501.2, 501.3, 502.5, 509.3, 509.4, 510.1, 510.4 and 510.8 as compiled by the Texas Judicial Branch, and Civil Practice and Remedies Code sections 17.021 through 17.029, 17.033, 17.042 through 17.045, 22.001, 30.0035, 101.102 and 132.001 and Business Organizations Code sections 5.201 and 5.251 through 5.256, as published by the Texas Legislature. General information, not legal advice. The rule controls.