Personal vs. Substituted Service in Texas

What personal service means

For cases governed by Texas Rule of Civil Procedure 106, ordinary methods include delivering a copy of the citation and petition to the defendant in person. The rule also provides for registered or certified mail, return receipt requested, subject to its requirements.

The proper method depends on the documents and governing rules. Do not assume that a method used in one civil case is automatically appropriate for another proceeding.

What court-authorized substituted service means

When the ordinary methods specified in Rule 106 have been unsuccessful, the court may authorize another method under Rule 106(b). This requires a motion supported by the statement described in the rule, including the location and facts about unsuccessful efforts.

The court must determine that the requested method will be reasonably effective to give notice. The process server follows the court's authorization; an unsuccessful attempt does not permit the server or client to choose any convenient alternative.

Why the order and attempt history matter

A substituted-service order can specify how, where and to whom documents must be delivered. Provide the complete order and service documents so the instructions can be reviewed. Documented attempts help establish what happened, but the attorney or court determines the appropriate procedural next step.

Skip tracing can help investigate a possible address. It does not replace a court order or authorize delivery by email, social media or another alternate method on its own.

Request help with the delivery, not legal advice

Jessica can discuss service attempts and assignment information in Central Texas. RAM does not select legal procedures, prepare legal advice or guarantee that a court will authorize substituted service. Consult an attorney about which procedure applies to your case.