Substituted Service in Texas Under Rule 106(b): Door Posting, Over-16 Delivery, Email and Social Media

1. Why Texas Prohibits "Drop-Serving" or Abode Service Without a Rule 106(b) Order

Out-of-state attorneys litigating in Texas often assume a process server can leave a civil citation with an adult co-resident on the first visit, as allowed under Federal Rule 4(e)(2)(B). In Texas state court, abode delivery without a prior court order is strictly prohibited.

Under Texas Rule of Civil Procedure 106(a), unless a court order directs otherwise, a citation must be served ONLY by delivering a true copy to the defendant in person or by return-receipt mail, return receipt requested. Leaving a citation with a spouse or taping it to a door without a signed order is void. When a defendant in Houston, Dallas, San Antonio, Austin, or Fort Worth evades personal delivery, counsel must obtain a substituted service order under TRCP Rule 106(b).

2. Statutory Requirements for the TRCP Rule 106(b) Sworn Statement

Under TRCP Rule 106(b), a motion for substituted service must be supported by a statement—sworn before a notary or executed under penalty of perjury pursuant to CPRC § 132.001—listing any location where the defendant can probably be found and stating specific facts showing that personal service was attempted at that location but was unsuccessful.

Texas trial and appellate courts reject conclusory statements. To pass judicial scrutiny, the process server’s Rule 106(b) sworn statement should document: (1) independent confirmation that the address is the defendant’s usual place of abode or business (via County Appraisal District homestead records, vehicle license plates in the driveway, neighbor/leasing confirmation, or porch package labels); and (2) 3 to 4 separate personal attempts across different days and varied hours (early morning, daytime, evening, and Saturday).

3. Executing Physical Substituted Service: Over-16 Delivery & Front-Door Posting

Once the judge signs the Rule 106(b) Order, Rule 106(b)(1) permits serving the defendant by leaving a copy of the citation, petition, and signed Rule 106(b) Order with anyone older than sixteen at the specified location. Under Rule 106(b)(2), courts also routinely authorize securely affixing the citation, petition, and signed order to the front entry door (plus sending a duplicate copy via first-class U.S. Mail if required by the court’s standard order).

Under Texas Supreme Court precedent (under established Vespa precedent), the judge’s Rule 106(b) order is the sole legal authority for substituted service. Any deviation—such as forgetting to attach a copy of the signed Rule 106(b) order to the citation or omitting a required first-class mailing—will invalidate a default judgment.

4. Electronic & Social Media Service Under the 2020 Amendment to TRCP Rule 106(b)(2)

Pursuant to Texas Senate Bill 891 (CPRC § 17.033), the Supreme Court of Texas amended TRCP Rule 106(b)(2) effective December 31, 2020, to expressly authorize substituted service "electronically by social media, email, or other technology, that the statement and other evidence show will be reasonably effective to give the defendant notice of the suit."

As the Official Comment to Rule 106 notes, courts evaluate whether the electronic account belongs to the defendant and whether the defendant regularly or recently used it. Attaching recent email exchanges, social media activity screenshots, or Docusign logs alongside the server’s Rule 106(b) sworn statement allows plaintiffs to serve evasive defendants hiding behind high-rise security desks or gated estates.

5. How Process Servers Document Attempts for a Rule 106(b) Motion

A process server typically records the date, time and location of every attempt (often with GPS-stamped notes or photos) and any facts confirming that the defendant lives or works at the address. When a defendant cannot be served in person, those notes support a TRCP Rule 106(b) Sworn Statement for the court, and the court’s signed order can then be carried out.