Return of Service / Service Affidavit - Texas

TEXAS RETURN OF SERVICE / SERVICE AFFIDAVIT

Use this packet to document service or attempted service of Texas state-court citation under Rules 103, 105, 106, and 107. The filed proof is a return of service. A private server's return may be verified before a notary or signed under Rule 107(e)'s penalty-of-perjury declaration.

Use and Authorization Gate

Who Served — Rule 103

Select and document the actual authority:

☐ Sheriff or constable: [NAME / OFFICE].

☐ Person certified by the Judicial Branch Certification Commission: [NAME / ID / EXPIRATION].

☐ Other person authorized by law: [AUTHORITY].

☐ Person at least eighteen authorized by written court order: [ORDER DATE / TERMS].

The server was not a party to or interested in the outcome of the suit: ☐ Confirmed.

Some writs, eviction citations, and physically enforced process are restricted to a sheriff or constable unless a written order permits otherwise. Verify the process type before service.

Rule 105 Receipt Endorsement

Rule 106 Method Selection

Record what actually occurred. Delete unselected paths.

Path A — Personal Delivery, Rule 106(a)(1)

☐ The server delivered to the defendant, in person, a copy of the citation showing the delivery date and a copy of the petition.

Person served: [________________________________].

Path B — Registered or Certified Mail, Rule 106(a)(2)

☐ A copy of the citation and petition was mailed by ☐ registered mail ☐ certified mail, return receipt requested.

Addressee: [________________________________].

Mailing address: [________________________________].

Rule 107(c) requires the return to contain the return receipt with the addressee's signature. Attach it. Rule 103 also assigns requested mail service to the clerk; verify who was authorized to mail in this case.

Path C — Court-Ordered Alternative Service, Rule 106(b)

☐ The court signed an alternative-service order on [DATE].

Supported motion / statement filed: [DATE / DOCKET REFERENCE].

Unsuccessful Rule 106(a) attempts stated to the court: [________________________________].

The order authorized:

☐ Rule 106(b)(1): leaving copies with a person older than sixteen at the location specified in the order.

☐ Rule 106(b)(2): another manner the court found reasonably effective, described exactly as follows: [________________________________].

Do not treat email, social media, door posting, ordinary mail, or another technology as self-authorizing. Follow the signed order exactly and make proof in the manner the order requires under Rule 107(f).

Rule 107 Return Data

Completed Service

Optional identifying description, if accurate and useful: [DESCRIPTION OF PERSON / RELATIONSHIP / LOCATION DETAILS]. Do not guess protected or identifying characteristics.

Unsuccessful Attempt — Rule 107(d)

If citation was not served, complete instead:

Cause of failure to execute: [________________________________].

Where defendant may be found, if ascertainable: [________________________________].

Return Statement

I, [SERVER NAME], state that I received the process identified above on [DATE] at [TIME] and that the foregoing return accurately states my service or attempted-service acts.

Server signature: __________________________________

Printed name: [________________________________]

Title / office / certification ID and expiration: [________________________________]

Select the Rule 107(e) Signature Route

Route 1 — Sheriff, Constable, or Clerk

☐ The signer is a sheriff, constable, or clerk and signs in that official capacity.

Official capacity: [________________________________].

Route 2 — Private or Other Server: Penalty-of-Perjury Declaration

Use Rule 107(e)'s statement in substantially the following form:

My name is [FIRST MIDDLE LAST], I am at least 18 years old, and my address is [STREET], [CITY], [STATE], [ZIP CODE], [COUNTRY]. I declare under penalty of perjury that the foregoing is true and correct.

Executed in [COUNTY] County, State of [STATE], on the [DAY] day of [MONTH], [YEAR].

Declarant signature: __________________________________

Route 3 — Private or Other Server: Verified Return

Use only if the private return is verified instead of signed under Route 2.

State of [STATE]

County of [COUNTY]

Sworn to or affirmed and subscribed before me on [DATE] by [SERVER NAME].

Notary signature: __________________________________

Notary name / commission expiration: [________________________________]

[SEAL]

Filing and Default Control

Rule 107(g) requires the return and any attached document to be filed with the court; electronic or facsimile filing may be used when available.

Rule 107(h) generally bars default judgment until the required proof of service has been on file for ten days, excluding the filing day and judgment day, subject to statutory exceptions and the rule's special references. This form does not calculate the answer or default date.

Practice Notes — Remove Before Filing

• A return records completed or attempted service; it does not retroactively authorize the server or method.
• Rule 106 contains subsections (a) and (b). There is no Rule 106(c) electronic-service path. Electronic citation service is a court-ordered Rule 106(b)(2) method.
• A Rule 106(b) order controls the exact method and Rule 107(f) proof. Do not replace its language with a generic “front door plus email” formula.
• A private server does not always need notarization. Rule 107(e) allows either verification or the prescribed penalty-of-perjury declaration.
• Mail service needs the addressee-signed return receipt under Rule 107(c).
• A failed-service return must state diligence, cause of failure, and where the defendant may be found if ascertainable.
• Verify amendments, local e-filing practice, special-proceeding rules, and the signed citation or order immediately before use.

Official Reference

• Texas Rules of Civil Procedure, current July 1, 2026 compilation — https://www.txcourts.gov/media/1462349/texas-rules-of-civil-procedure.pdf