Texas Proof of Service
Texas lets a sheriff or constable, a certified process server, or a person authorized by law or court order serve citation, and substituted or alternative service always needs a court order first.
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Introduction
In Texas, citation may be served by a sheriff, constable, or other person authorized by law; an adult 18+ authorized by law or written court order; or a JBCC-certified server, who may serve anywhere in Texas without a per-case order. A party may not (Tex. R. Civ. P. 103). Only a sheriff or constable may serve an eviction citation, a possession writ, or process needing physical enforcement, absent a written court order. Texas has no mandatory statewide numbered proof-of-service form; Rule 107(b) lists what the return must contain, and a court's own template controls if required. A sheriff, constable, or clerk may sign without verification; anyone else must notarize the return or sign the penalty-of-perjury declaration in Rule 107(e). Personal delivery is valid (Rule 106(a)(1)), as is registered or certified mail, return receipt requested, without a court order (Rule 106(a)(2)); ordinary first-class mail alone does not satisfy citation service. Substituted or alternative service, including by email or social media, always needs a court order, granted only after a sworn statement shows service already failed there. Texas sets no rule- or statute-based deadline for serving citation after filing. No default judgment may be granted until the return has been on file 10 days. Later papers use a certificate of service under Rule 21 and 21a, and unlike the citation, a party may serve those. Federal, out-of-country, and government service follow separate rules, not covered here. Because the return is sworn, never misstate service facts. Attorney review is available before filing.
Key Things to Know
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Citation may be served by a sheriff, constable, or other person authorized by law; a person at least 18 authorized by law or by written court order; or a person certified by the Judicial Branch Certification Commission; a party to the suit may not (Tex. R. Civ. P. 103). Texas has no mandatory statewide numbered proof-of-service form; Rule 107(b) instead lists what the return must contain, and a court's own template controls if one is required.
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JBCC certification requires a 7-hour approved course completed within the year before applying, a state and national fingerprint-based background check, a $200 first-time application fee, and renewal every two years; a certified server may then serve anywhere in Texas without a separate court order each time. Only a sheriff or constable may serve an eviction citation, a writ requiring actual taking of possession, or process requiring physical enforcement, unless a written court order says otherwise (Rule 103).
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A sheriff, constable, or the clerk of the court may sign the return without verification or a perjury declaration. Anyone else must either have the return notarized or sign the exact fill-in-the-blank penalty-of-perjury declaration in Rule 107(e).
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Registered or certified mail, return receipt requested, is a valid method without a court order (Rule 106(a)(2)). Ordinary first-class mail alone does not satisfy service of citation, and the signed return receipt must be attached to the return.
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Substituted or alternative service is never self-executing in Texas. Rule 106(b) requires a court order, granted only after a sworn or penalty-of-perjury statement shows personal or certified or registered mail service was attempted at a specific location and failed, before papers may be left with someone older than 16 there or served by another court-approved method.
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Texas sets no rule- or statute-based deadline for how many days after filing suit the citation must be served. Keep a record of every attempt: if service fails, the return must state the diligence used and the cause of failure (Rule 107(d)), and a motion for substituted service must show the attempts that failed (Rule 106(b)).
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No default judgment may be granted until the return of service has been on file with the clerk for 10 days, excluding the day of filing and the day of judgment (Rule 107(h)). Later papers, such as motions, are served under Rule 21 and 21a with a certificate of service, and a party may serve those papers even though a party cannot serve the citation.
Key decisions before you file
Before you file a Proof of Service in Texas, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.
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Texas Requirements for Proof of Service
Only Certain People May Serve Citation
A party to the suit may not serve the citation. It may be served by a sheriff, constable, or other person authorized by law; a person at least 18 authorized by law or by written court order; or a person certified by the Judicial Branch Certification Commission (Tex. R. Civ. P. 103).
JBCC Statewide Process-Server Certification
Certification requires a 7-hour approved course, a state and national fingerprint-based background check, and a $200 first-time fee, renewing every two years; a certified server may then serve anywhere in Texas without a separate court order each time. Only a sheriff or constable may serve an eviction citation, a writ requiring actual taking of possession, or process requiring physical enforcement, unless a written court order says otherwise (Rule 103).
No Mandatory Statewide Proof-of-Service Form
Texas has no single numbered statewide proof-of-service form. Rule 107(b) lists the required content of the return instead, and a court's own template controls if that court requires one.
Declaration or Verification Unless an Officer Signs
A sheriff, constable, or the clerk of the court may sign a return without verification or a perjury declaration. Anyone else must have the return notarized or sign the exact fill-in-the-blank penalty-of-perjury declaration in Rule 107(e).
Registered or Certified Mail, Not Ordinary Mail
Registered or certified mail, return receipt requested, is valid service without a court order under Rule 106(a)(2). Ordinary first-class mail alone does not satisfy service of citation, and the signed return receipt must be attached to the return.
Substituted and Alternative Service Require a Court Order
Rule 106(b) is never self-executing. A court order is required, granted only after a sworn or penalty-of-perjury statement shows personal or certified or registered mail service was attempted at a specific location and failed, before papers may be left with someone older than 16 there or served by another court-approved method.
No Rule-Based Deadline to Serve Citation
Texas sets no rule- or statute-based deadline for serving citation after filing. If service fails, the return must still state the diligence used, the cause of failure, and the defendant's whereabouts if known (Rule 107(d)).
Return Must Be on File 10 Days Before Default Judgment
No default judgment may be granted until the return of service has been on file with the clerk for 10 days, excluding the day of filing and the day of judgment (Tex. R. Civ. P. 107(h)).
Certificate of Service for Later Papers
Motions and other later papers are served under Rule 21 and 21a with a certificate of service, and unlike the citation, a party to the suit may serve those papers and sign the certificate.