By James F. McCarthy, Texas Certified Process Server
When you need legal papers served, the practical questions are usually straightforward: What do you send, what happens at the address, and what proof will you get back? Here is how a typical Texas civil process service assignment moves from the first request to the return.
Different courts, document types, and court orders can require different procedures. This overview focuses on civil citation and does not replace the instructions for your particular case.
1. Send the papers and assignment details
Start with the documents to be served, the name of each person or entity, the best available service address, the county, and any deadline. For a lawsuit, the issued citation and petition matter; a server cannot create the court’s citation. Include any special court order or instructions from your attorney, plus helpful information such as a work address, known schedule, access instructions, or prior unsuccessful attempts.
If you have several people to serve, identify which documents go to each person. If you are unsure whether the packet is complete, say so before the assignment is accepted. Our request form accepts one PDF up to 10 MB; for particularly sensitive documents, we can arrange secure delivery after reviewing the request.
2. We review the location, timing, and scope
We review the destination, documents, deadline, and any complications before confirming availability and pricing. Routine, priority, and rush requests call for different scheduling. A request through the website is an inquiry until we confirm that we can accept it.
Houston Process Pro serves the Houston metro area and surrounding counties and can coordinate Texas assignments through qualified process servers. We will tell you what we can take on rather than promise a result before reviewing the details.
3. An authorized person attempts service
Texas Rule of Civil Procedure 103 identifies who may serve court process, including a person certified by the Judicial Branch Certification Commission (JBCC). For ordinary civil citation, Rule 106(a) provides for delivering the citation and petition to the defendant in person, unless the citation or a court order directs otherwise. The rule also addresses registered or certified mail. The proper method for another type of paper may differ, so the documents and any court order need to be reviewed.
The server goes to the authorized location, seeks to identify the right recipient, and records the result. An unsuccessful visit is still useful information: the date, time, location, and relevant observations can guide the next attempt or help counsel decide what to request from the court. There is no universal promise that a particular number of visits will complete every assignment.
4. If ordinary service is unsuccessful
Sometimes the address is outdated, access is restricted, or the person cannot be reached. We communicate the documented result so the client and attorney can decide whether to provide another lead, schedule further attempts, or seek a court-authorized alternative.
For civil citation, Rule 106(b) allows a court to authorize another method after a motion supported by a sworn statement or declaration with the required facts about the location and unsuccessful attempts. The server does not simply choose an alternative method on their own. If the court grants an order, the order controls how service and proof must be completed.
5. You receive the service documentation
After service or the conclusion of the assignment, we report the outcome and prepare the appropriate documentation. For citation, Rule 107 specifies information for the return of service, including the case, documents, recipient, address, dates, manner of delivery or attempt, and server. When citation is not served, the return must describe the diligence used and the reason it could not be completed. The return and any attachments must be filed with the court; Rule 107 permits electronic filing when available but does not require the server to use that method.
The client and attorney should confirm filing responsibility and any case-specific deadline. Proof of an attempt is not the same thing as proof that service was completed.
Ready to request service?
Send the county, address, documents, deadline, and any special instructions through our service request form, or call (713) 581-SERV. We will review the assignment and follow up with availability and next steps.
Official Texas references
- Texas Rules of Civil Procedure (see Rules 103, 106, and 107)
- JBCC process server rules and resources
