A Texas motion for substituted service asks the court to authorize an alternative way of delivering the citation and petition after personal delivery and certified mail have failed. Under Texas Rule of Civil Procedure 106(b), you file the motion together with a sworn statement describing where the defendant can probably be found and what happened when you tried standard service, plus a proposed order for the judge to sign.1South Texas College of Law. Texas Rules of Civil Procedure 106 – Method of Service Getting the paperwork right the first time matters, because weak service is one of the easiest grounds for a defendant to attack a default judgment later.
When Rule 106 Substituted Service Is Available
Texas defaults to two methods of service: personal hand-delivery and registered or certified mail. Substituted service is only an option after those have failed. You do not have to prove the defendant is deliberately avoiding service. You do have to show you tried standard service at a place where the defendant can probably be found and that it did not work.1South Texas College of Law. Texas Rules of Civil Procedure 106 – Method of Service
The rule sets no minimum number of attempts. Some judges will sign an order after two or three well-documented tries at varying times; others want more. What tips the balance is not the count but the detail in the sworn statement. Bare conclusions are the most common reason these motions get denied.
What the Sworn Statement Must Show
The 2020 amendment to Rule 106(b) lets you support the motion with either a statement sworn before a notary or an unsworn declaration made under penalty of perjury.2Supreme Court of Texas. Order Amending Texas Rules of Civil Procedure 106 and 108a Whichever form you use, it has to cover two things.
First, location. List every address where the defendant can probably be found. The amended rule no longer limits this to a “usual place of business” or “usual place of abode,” so any location you can back up with facts is fair game.
Second, the failed attempts. Describe each attempt at personal delivery or certified mail with the date, time, address, and what actually happened. Concrete observations are what carry a motion: vehicles registered to the defendant parked at the address, mail piling up, lights on inside at the time of the attempt, a neighbor confirming the defendant still lives there, or the defendant visible through a window. A server’s conclusion that the defendant “appears to be avoiding service” is close to worthless without those underlying facts.
Judges read these affidavits closely. “I went to the address three times and nobody answered” is thin. Dates, times, and observations turn the same three visits into something a judge can sign off on.
Choosing the Alternative Method to Request
The most important field on the motion is the method of service you want authorized. Rule 106(b) gives the court two categories.
Under Rule 106(b)(1), the court can order that a copy of the citation and petition be left with anyone older than 16 at the location identified in your sworn statement. Under Rule 106(b)(2), the court can authorize any other method reasonably calculated to give the defendant actual notice, such as affixing papers to the front door, sending them by regular mail, or delivering them electronically by email or social media.1South Texas College of Law. Texas Rules of Civil Procedure 106 – Method of Service
The Texas Law Help order template has checkboxes for the common combinations: leaving with a household member, tacking to the door, mailing by regular U.S. mail, and social media delivery.3Texas Law Help. Order for Substituted Service Requesting door-tacking plus a follow-up mailing is common; check both boxes and fill in the address. Give the judge specific options. Vague requests like “any manner the court sees fit” tend to come back.
Requesting Service by Social Media or Email
Electronic service under Rule 106(b)(2) has a higher evidentiary bar. The 2020 comment to Rule 106 directs courts to consider whether the account or address actually belongs to the defendant and whether the defendant regularly uses or recently used it.1South Texas College of Law. Texas Rules of Civil Procedure 106 – Method of Service Courts have accepted things like recent profile-photo changes, location data matching the defendant’s known area, and identification of the defendant in photos posted to the account. Courts routinely reject requests where account ownership is unverified, the platform looks dormant, or the supporting statements are conclusory.
Attach screenshots showing recent activity, evidence tying the account to the defendant’s real name, and any prior communications you had with the defendant through that channel as exhibits to your sworn statement.
Preparing the Motion Package
You file three things together: the motion, the sworn statement, and a proposed order. Standardized templates are available on Texas Law Help and through county law libraries. The forms ask for the cause number, the court where your case is pending, and the full legal names of all parties. Cross-check these against your original petition; any mismatch causes delays.
The proposed order is what actually authorizes your process server to carry out the alternative delivery once signed. It should mirror the method you requested in the motion and include the defendant’s name, the specific address or platform, and the delivery method.3Texas Law Help. Order for Substituted Service
Filing the Motion and Paying the Fee
Submit the package to the clerk of the court where your case is pending. Attorneys must file electronically through eFileTexas.gov. Self-represented litigants are generally not required to e-file and may file in person, but some courts’ local rules require electronic filing even for pro se parties, so ask the clerk before making the trip.4eFileTexas.Gov. eFileTexas.Gov5Texas Law Help. I Want to Electronically File (E-File) My Documents
Filing fees for a subsequent motion in a Texas district court run about $80, split between a $35 local consolidated fee and a $45 state consolidated fee.6Texas Judicial Branch. District Court Civil Filing Fees Justice and county-court-at-law fees differ, so contact that clerk if your case is not in district court. If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs. You qualify automatically if you receive public benefits like SNAP, Medicaid, SSI, or TANF; attach proof. Otherwise, disclose your income, assets, and dependents and let the court decide.7Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
Judges typically review the motion without a hearing. If the sworn statement is detailed enough, the judge signs the order and the clerk notifies you. If the evidence falls short, expect a denial or a request for more information. Resubmitting with a stronger statement is possible, but it costs you time you may not have.
After the Judge Signs the Order
Give a copy of the signed order to your process server or constable. Service must be carried out exactly as the order describes. If it says tack to the front door and mail a copy by regular U.S. mail, both steps have to happen. Improvising or skipping part of the order can invalidate the entire service.
Watch the citation’s expiration. A Texas citation must be served within 90 days of its issuance; if that window closes, you need a new citation from the clerk before sending your server back out.8The Attorney General of Texas. Attorney General Opinion MW-114 Delays in getting the motion granted eat into that clock, so move quickly once the order is signed.
The Return of Service
After delivery, the server files a Return of Service with the clerk. It must identify the case, describe what was served and where, state the date and manner of delivery, identify the server (including certification number and expiration if the server is certified by the Judicial Branch Certification Commission), and explicitly state that service was completed in accordance with the court’s order for substituted service. If the return is signed by someone other than a sheriff, constable, or court clerk, it must be verified or signed under penalty of perjury.9Supreme Court of Texas. Texas Rules of Civil Procedure 107 – Return of Service
If the defendant does not answer and you want a default judgment, the return must be on file with the clerk for at least ten days, not counting the day of filing or the day of judgment, before the court can grant one.9Supreme Court of Texas. Texas Rules of Civil Procedure 107 – Return of Service A sloppy return is one of the easiest grounds for a defendant to later overturn that judgment, so make sure the server gets every detail right.
If the Defendant Is a Business Entity
Rule 106 substituted service is built for individuals. If your defendant is a company, Texas law generally requires you to serve the entity’s registered agent or certain officers first: the president or a vice president for a corporation, a manager or member for an LLC depending on how it is structured, and a general partner for a partnership.10Office of the Texas Secretary of State. Frequently Asked Questions for Persons Attempting to Serve Process
If the entity has no registered agent on file or the agent cannot be found with reasonable diligence, Business Organizations Code Section 5.251 lets you serve the Texas Secretary of State as a stand-in, and the office forwards the papers to the entity’s last known address. Payment must be by cash, check, money order, or SOSDirect client account; the office does not accept credit card information submitted on paper forms.10Office of the Texas Secretary of State. Frequently Asked Questions for Persons Attempting to Serve Process That path is usually simpler than a Rule 106(b) motion, so check whether it applies before you file one.
Why Precision Now Prevents Problems Later
Substituted service is only worth the trouble if it holds up. A defendant who claims they never received notice can attack the judgment, and the court will look at whether the server followed the signed order to the letter and whether the return was properly filed. Any gap gives the defendant a foothold.
A defendant who learns of a default judgment within 30 days of signing can move for a new trial or to set the judgment aside. If the defendant learns of it more than 20 days after signing, the 30-day clock starts on the date of actual discovery, capped at 90 days after signing, which puts the outside deadline at 120 days after the judgment date.11Texas Law Help. How to Set Aside a Default Judgment After those windows close, a bill of review is the remaining option, and it can be brought within four years.
Every entry in the sworn statement, every instruction in the signed order, and every field on the return can become the subject of a challenge. Getting it right at the front end is far cheaper than defending your service two years later.