In Texas, after you file a lawsuit or other legal document naming another party in a legal action, you must provide the defendant with a copy of the document. The Texas Rules of Civil Procedure refer to this procedure as service of process. This procedure is important because it ensures that the defendant receives actual notice of the pending action, and that the defendant has an opportunity to appropriately respond to the action. Failure to serve the defendant with all filed documents can result in the court dismissing your lawsuit. Therefore, following the correct procedure when completing service in Texas is an important aspect of your lawsuit.

The state of Texas, allows anyone over the age of 18 who is not a party to the action to act as a process server. A process server is the individual that delivers the filed court documents to the defendant. While a process server does not need to be licensed in Texas, the process server must be authorized by the county court to work as a process server in that county of Texas. There are several methods of serving the defendant in a lawsuit. For example, the process server can personally serve the defendant, meaning the process server physically hands the defendant a copy of the documents. In addition, the state of Texas recognizes service by certified mail as a proper method of accomplishing service in certain instances. However, if you serve the defendant by mail, the clerk of the court hearing the matter will mail a copy of the documents to the defendant at the defendant’s place of residence.

In addition, the plaintiff can ask the court to use substituted service to provide notice to the defendant of the pending legal action. However, the plaintiff must file a Motion for Substituted Service in addition to an Affidavit Supporting Substituted Service. The motion should explain to the court why substituted service is necessary, and the affidavit supporting substituted service will describe all attempts made to serve the defendant using traditional methods. The judge will review the request, and if granted, the court will allow the process server to deliver a copy of the documents to anyone 16 years or older who resides at an address the defendant commonly frequents. An example of a motion for substituted service is available at http://www.texaslawhelp.org/documents/clusters/tx/200/english/Substitute....

After the process server completes service, the process server will complete an affidavit of service. The affidavit of service describes the date, place, time and method the process server used to accomplish service. Customarily, this document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit.

Completing service requirements according to the Texas Rules of Civil Procedure is an important aspect of a successful legal action. Therefore, if you have any additional questions or concerns regarding how to complete service in Texas, visit the clerk’s office in your local Texas courthouse. For example, if you live in Houston, visit the Office of Harris County District Court, or their website http://www.hcdistrictclerk.com.