Texas Service of Process Rules
Texas
State Serve Rules
Additional Rules
Additional rules - TM
If there is a "106" or "order for alternate service" doc, then TM must check for additional rules and Standard Posting Specs + Cert Mail apply
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Guardian (should provide copy of guardian letter if available)
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
parent/guardian (should provide copy of guardian letter if available)
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
n
Residential substitute service
Not Permissible (unless court order)
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Sheriff only.
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail if posted
n/a
Mail if subserve
n/a
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
n/a
Eviction Posting Rules
Additional Rules
Additional rules - TM
Server only by court order
Affidavit
Notary for Notice
n/a
Mailing
Certified Mail
No
Mail always?
No
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Sheriff
**Notary:** Not Required
**Civil Subpoenas must be personally served.**
**Cannot serve on Sundays**
**Return of service must include the date and time when the documents for service were received by the server**
**Return of service must contain the statement below in substantially the same form:**
“My name is ____________________, my date of birth is _______________, and
(First) (Middle) (Last)
my address is ________________,_____________,____________, ___________, and
(Street) (City) (State) (Zip Code)
____________. I declare under penalty of perjury that the foregoing is true and correct.
(Country)
Executed in ___________County, State of __________, on the _____ day of ______,
(Month)
______.
Year
___________________________________________.”
(Declarant)
**INDIVIDUAL** + Personal service only upon the servee without an Order for Substitute/Alternative Service signed by the Judge/Court
**CORPORATION**
+ Registered Agent
+ Officer
+ Texas Secretary of State if the Corporation’s registered agent cannot be found
**PARTNERSHIP AND PARTNERS**
+ Registered Agent
+ Any Partner
**LIMITED LIABILITY COMPANY**
+ Registered Agent
+ Manager
+ Texas Secretary of if the LLC’s registered agent cannot be found
**PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.)**
+ Clerk, secretary, president, presiding officer, or other head of its governing body
