To file a motion for alternative service in Texas, you first attempt service by the standard methods under Texas Rule of Civil Procedure 106(a), then file a written motion supported by a sworn statement showing where the defendant can probably be found and describing the specific attempts that failed. The judge will authorize a substitute method only if that statement satisfies Rule 106(b).1Texas Rules Project. Rule 106 Method of Service (2020)
Try Standard Service First
Rule 106(a) allows two methods without a court order: personal delivery by a sheriff, constable, or certified private process server, and certified or registered mail sent by the clerk with return receipt requested.1Texas Rules Project. Rule 106 Method of Service (2020) You cannot serve the papers yourself, and neither can a family member. Certified mail counts as valid service only if the defendant personally signs the return receipt; a signature from someone else, or a letter that comes back unclaimed, does not count.2Texas Court Help. What Is Service of Citation
Filing a Rule 106(b) motion without documented attempts under Rule 106(a) is a common reason judges deny the request. Treat the standard methods as prerequisites, not optional first steps.
Build the Sworn Statement That Supports the Motion
Everything turns on the process server’s written statement. Rule 106(b) requires that statement to do two things: identify the location or locations where the defendant can probably be found, and set out the specific facts showing that service was attempted there and did not succeed. The rule lets you choose between a traditional notarized affidavit and a statement signed under penalty of perjury; both carry the same legal weight.1Texas Rules Project. Rule 106 Method of Service (2020)
The rule does not set a minimum number of attempts. In practice, Texas courts expect thorough effort — usually three or four attempts at varied times, including at least one early-morning, one evening, and one weekend visit on different days of the week. Some local courts publish their own standing orders on this, so check before you file.
What Each Attempt Should Describe
Write the statement the way you would tell the judge the story of why normal service failed. For each attempt, include:
- The exact date and time of the visit or mailing.
- The full address where service was tried.
- What the server observed: whether anyone answered, what a neighbor or occupant said, whether lights were on or vehicles were present, and any other signal that the defendant does or does not live there.
- Additional investigation used to confirm the address or find alternatives, such as public records, voter registration, or utility databases.
Specificity is what gets motions granted. “Attempted service three times, no answer” rarely persuades a judge. Concrete observations do.
Choose an Alternative Method to Propose
Your motion has to name a specific method and explain why it is reasonably likely to give the defendant actual notice. Rule 106(b) lays out two categories the court can authorize.1Texas Rules Project. Rule 106 Method of Service (2020)
The first is leaving a copy of the citation and petition with anyone over sixteen at the location named in the sworn statement. This is the most common request when someone clearly lives at the address but keeps avoiding the process server.
The second is any other manner the court finds reasonably effective to give notice. This includes posting the papers on the front door, service by email, and service through social media. The judge has broad discretion, but the burden is on you to show the method will actually work.
Email and Social Media Service
The 2020 amendments to Rule 106 explicitly added social media, email, and other technology as potential service methods.1Texas Rules Project. Rule 106 Method of Service (2020) The official comment to the rule directs courts to consider whether the technology actually belongs to the defendant and whether the defendant regularly or recently used it.
Practically, your supporting evidence should include screenshots showing the defendant’s name and photo on the account, evidence of recent activity, links to information you already know about the defendant such as a phone number, employer, or city, and any prior communication through that platform. A dormant account from years ago is unlikely to satisfy a judge.
Posting Usually Comes with Mailing
When a court authorizes service by posting the citation on the front door, the order almost always also requires mailing a copy to the same address by both certified mail and regular first-class mail.3Harris County District Courts. 190th Order Granting Rule 106 Substitute Service If your order includes a mailing component, skipping it invalidates the entire service.
Draft and File the Motion
File the motion with the clerk of the court where your lawsuit is pending. Include:
- A caption with the case name, cause number, and court.
- A clear request that the court authorize alternative service under Rule 106(b).
- A precise description of the method you want, including the exact address or electronic account.
- The sworn statement, attached as an exhibit.
- A proposed order for the judge to sign, spelling out exactly how service must be completed. Many courts expect this and it speeds the process.
Some judges rule on paper. Others set a short hearing where you explain the situation. Either way, the judge is deciding two things: whether you tried hard enough under Rule 106(a), and whether the proposed method is reasonably likely to give the defendant actual notice.
If the motion is granted, the signed order will describe the manner of service in detail. Follow it exactly. Even minor deviations give the defendant grounds to challenge service later.
Carry Out the Order and File the Return
The process server uses only the method the judge authorized. If the order says to leave papers with a household member over sixteen and mail a copy by certified mail, that is what has to happen; substituting a different approach, even one that seems equivalent, risks invalidating everything.
Keep detailed records as service is completed. Photograph posted documents with a timestamp. Save sent-email confirmations and any delivery or read receipts. Screenshot social media messages and any read confirmations. These records become your proof of service.
After service, the process server files a return of citation. Rule 107 requires the return to state the cause number, the person or entity served, the address served, the date of service, and the manner of delivery. Rule 107(f) adds that when service was made under a Rule 106 order, proof must be made “in the manner ordered by the court,” so any photographs, mailing receipts, or delivery confirmations the order calls for must be filed with the return. If the process server is not a sheriff, constable, or court clerk, the return must be verified or signed under penalty of perjury.4Texas Courts. Texas Rules of Civil Procedure – Rule 107 Return of Service
File the return promptly. Under Rule 107(h), no default judgment can be granted until the return has been on file with the clerk for at least ten days, not counting the day of filing or the day of judgment.4Texas Courts. Texas Rules of Civil Procedure – Rule 107 Return of Service A return that is incomplete or missing entirely blocks default judgment altogether. Because courts also scrutinize default judgments based on substituted service more closely than those following personal delivery, the thorough documentation you built at each earlier step continues to matter after service is complete.
When Rule 106 Is the Wrong Tool
Alternative service under Rule 106 assumes you know, or can reasonably identify, where the defendant is. If you truly have no idea, that points to service by publication under Rule 109, which applies when the defendant’s residence is unknown, the defendant is transient, or the defendant is absent from Texas or a nonresident.5Texas Courts. Texas Rules of Civil Procedure – Rule 109 Citation by Publication Publication requires an affidavit that after due diligence you cannot locate the defendant, and a citation the clerk publishes in a newspaper. Judges will deny a Rule 106 motion if the sworn statement essentially admits you have no idea where the defendant lives.
If you are suing a business rather than an individual, several provisions of the Texas Business Organizations Code designate the Secretary of State as the agent for service when the entity has no registered agent on file or the agent cannot be found with reasonable diligence.6Texas Secretary of State. Texas Statutes Designating Secretary of State as Process Agent This is a statutory substitute that works alongside the rules of civil procedure, not a Rule 106 alternative. Check whether it applies before drafting a Rule 106 motion for a business defendant.
Costs to Expect
Process server fees are usually the largest expense because you need multiple documented attempts before the motion is filed. A sheriff or constable typically charges a set fee per citation attempt, ranging from roughly $85 to $125 or more depending on the county. Private process servers charge separately, often in the $20 to $100 range per job, with more for complex assignments.
Notary fees for the sworn statement are modest, and choosing the penalty-of-perjury option under Rule 106(b) avoids them entirely. Court filing fees for the motion vary; some Texas courts charge nothing for a motion filed inside an existing case, while others charge a modest amount. Check with your clerk before filing, and budget for the cost of carrying out the alternative method once the order is signed.