How to Serve Someone in Small Claims Court in Texas

What Service of Process Means

After you file a small claims petition in Texas, the court clerk issues a citation — an official document telling the defendant they've been sued, which court the case is in, and how long they have to respond. "Service of process" is the formal delivery of that citation and a copy of your petition to the defendant.

The defendant cannot be required to answer your lawsuit until they've been properly served. If service is defective, any default judgment you get can be thrown out.

Who Can Serve the Papers

Under TRCP Rule 501.2, only these people can serve a Texas small claims citation:

• A county constable — the most common option; you pay the fee at filing and the constable handles delivery
• A county sheriff
• A private process server certified by the Judicial Branch Certification Commission (JBCC)
• The court clerk, by certified mail (with limitations)

You cannot serve the papers yourself. Texas law prohibits any party to the lawsuit — including your relatives and employees — from delivering the citation.

Constable Service

This is the standard method. When you pay the filing fee, you also pay the constable service fee (typically $65–$130 per defendant, depending on the county). The clerk issues the citation and forwards it to the constable's office in the precinct where the defendant needs to be served.

The constable physically delivers the citation and petition to the defendant in person. Once delivered, the constable files a Return of Service with the court — your official proof that the defendant was served.

If the defendant is in a different county, the clerk issues the citation with a $5 out-of-county issuance fee, and the citation goes to a constable in the destination county.

Certified Mail Service

TRCP Rule 501.2(b)(2) lets the JP clerk serve the defendant by certified mail, return receipt requested. This is cheaper than constable service, but it has a significant limitation: the defendant must personally sign the green card. If a roommate, spouse, or office receptionist signs it, service is legally defective and won't support a default judgment.

Because of this risk, constable service is the safer choice when you think the defendant might avoid you or when someone else might sign for their mail.

Private Process Servers

You can hire a private process server certified by the JBCC. This costs more than constable service but gives you more flexibility — private servers often work evenings and weekends, and you can communicate directly with them about the defendant's schedule and habits.

The server must file a Return of Service with the court after completing delivery, just like a constable.

When Service Fails

If the constable or process server can't reach the defendant after multiple attempts, you have options:

1. Ask the server to try different times. People who dodge service during the day may be reachable early morning or on weekends.
2. File a Motion for Alternative Service. Under TRCP Rule 501.2(e), you can ask the judge to authorize alternative service. You'll need to submit a sworn affidavit from the server documenting the failed attempts, the locations tried, and evidence that the defendant actually lives at the address. If the judge grants the motion, the server can attach the papers to the defendant's front door or leave them with someone over 16 at the residence.

Alternative service via social media or email isn't automatically valid in Justice Courts — you'd need a specific court order with sworn evidence that the account belongs to the defendant.

Tracking Service

Keep a log of every service attempt, including dates, times, and outcomes. The Return of Service must be on file with the clerk for at least 6 calendar days, excluding the day it is filed and the day judgment is signed, before a default judgment can be signed, so don't wait until the last minute.

The Texas Small Claims Filing Guide includes a service tracking log that maps every step from citation issuance through return of service and the defendant's 14-day answer deadline.

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