Overview
Process Server in Texas: How Service of Process Works
Texas is stricter than most states about who may serve. Under Rule 103 of the Texas Rules of Civil Procedure, citations are served by a sheriff or constable, by a process server certified by the Judicial Branch Certification Commission (JBCC), or by someone a court authorizes in writing. There is no such thing as a 'licensed' process server in Texas, only certified ones. Texas also bars service on Sundays in most cases, and requires a detailed return of service under Rule 107 before a default judgment can be granted.
Who serves process
Who Can Serve Legal Documents in Texas
Under Rule 103, process may be served by a sheriff or constable, by a process server certified by the JBCC under order of the Texas Supreme Court, or by a person authorized by written court order. Anyone who is a party to the case or interested in its outcome can't serve.
Certain process, such as writs that require taking possession of a person or property, may be served only by a sheriff or constable unless a court orders otherwise. The Texas Supreme Court amended Rules 103 and 107 in 2024.
Typical documents include citations with the original petition, subpoenas, family law and protective order papers, eviction citations and notices.
Proof you receive: a sworn affidavit of service
The server files a return of service under Rule 107, stating the date and time the papers were received and served, how they were served, and the server's certification number and expiration, verified or signed under penalty of perjury.
JBCC-certified process service
Personal service by Texas process servers certified by the Judicial Branch Certification Commission, with returns that meet the 2024 version of Rule 107.
Rule 106(b) alternative service support
Documented attempts and a detailed affidavit to support a motion for alternative service when the defendant can't be reached in person.
Serving Texas companies
Service on a company's registered agent, with a Secretary of State registry check first, or substituted service on the Secretary of State where the law allows.
The rules
Texas Service of Process Rules
The Texas rules that matter most for service:
| Rule | What it covers |
|---|---|
| TRCP 103 | Who may serve (amended 2024) |
| TRCP 106 | Methods of service, including alternative service by court order |
| TRCP 107 | Return of service and its required contents (amended 2024) |
| TRCP 107(h) | Return must be on file 10 days before a default judgment |
| TRCP 6 | No service on Sunday, with limited exceptions |
| TRCP 109 | Citation by publication |
Treaties
Texas and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Texas has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Texas's law and on what your court allows.
Texas is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
