How Do People Get Served with a Lawsuit in Texas?
Everyone has seen it in the movies: someone knocks on your door and hands you a stack of papers. In Texas, this is actually how the legal process of serving a lawsuit works, though there are strict rules that govern it. Proper service ensures that a defendant is officially notified that a lawsuit has been filed against them and gives them an opportunity to respond.
Under Texas law, service of process must be made either personally, in person, or by certified mail. These are the preferred and most straightforward methods. Any alternative method—such as leaving papers with a family member, posting them at a residence, or using social media—requires prior court approval and proof of diligent attempts at personal service.
Most plaintiffs rely on professional process servers. Process servers are trained individuals who locate defendants, make multiple attempts to deliver the documents, and ensure proper legal compliance. Their job is critical because improperly served lawsuits can be challenged in court and potentially dismissed.
In Texas, there are usually two key documents that must be served:
The Original Petition – This document outlines the plaintiff’s allegations, such as negligence, gross negligence, or negligence per se. It includes a general description of the facts, the parties involved, contact information for the plaintiff’s attorney, and a summary of the damages being sought.
The Citation – Known in Texas as the citation, this document is issued by the court and returned to the plaintiff once service is complete. It informs the defendant of their legal obligation to respond within a set period, or risk a default judgment. The citation also certifies the legitimacy of the lawsuit and officially notifies the defendant of their rights.
Once the documents are delivered, the process server completes a Return of Service, which is filed with the court to verify that the defendant was properly served. If the defendant fails to respond, they may be held in default, meaning the plaintiff can potentially win the case automatically and move directly to proving damages.
In some cases, personal service is not possible. When that happens, substitute service may be allowed. This can include leaving documents posted at a residence, nailing them to a door, sending by alternative delivery methods, or even, as a last resort, publication in a newspaper. These options require legal approval and careful documentation to ensure compliance with Texas law.
Because service of process is such a critical step in a personal injury or civil case, it’s essential to have an experienced attorney handle or oversee the process. Proper service prevents delays, avoids challenges, and ensures your case can move forward efficiently.
