How to Serve Court Papers in Texas

What is a citation?

In Texas, the official document that notifies the respondent of a pending lawsuit is called a citation — not a summons as in many other states. The citation is issued by the district clerk and is served along with a copy of the petition. It tells the respondent that they have been sued and must respond by a specific deadline or risk a default judgment.

Methods of service

Personal service

The preferred method is personal service — a licensed process server, constable, or sheriff physically delivers the citation and petition to the respondent. Under Texas Rule of Civil Procedure 106, personal service is completed when the documents are physically handed to the respondent or left with anyone over 16 at their home or place of business.

Certified mail

Service by certified mail, return receipt requested, is also available. The district clerk typically handles this. Service is complete when the respondent signs the return receipt card.

Substituted service

If the respondent is evading service, you can ask the court for an order authorizing substituted service — leaving the documents with someone at the respondent's home, posting them on the door, or in some cases serving by email or social media with court approval.

Service by publication

If the respondent's whereabouts are genuinely unknown, you may request service by publication — publishing the citation in a newspaper of general circulation. This requires an affidavit showing due diligence in attempting to locate the respondent.

The response deadline

Under Texas Rule of Civil Procedure 99, the respondent must file a written answer by 10:00 AM on the Monday following the expiration of 20 days after the date service is complete. This is sometimes called the “Monday after 20 days” rule.

For example: if you are served on March 1, the 20-day period expires on March 21. The deadline to file an answer is 10:00 AM on Monday, March 24 (the next Monday after March 21).

Waiver of service

If both parties are cooperating, the respondent can sign a Waiver of Service — a document acknowledging receipt of the petition and waiving the formal service requirement. The waiver must be notarized and filed with the court. It cannot be signed before the petition is filed.

Proof of service

After the respondent is served, the process server completes a return of service — a sworn statement describing when, where, and how service was completed. The return of service is filed with the district clerk. Keep a copy for your records. Without proof of service filed with the court, the default deadline does not begin to run.