Serving an eviction citation in Texas

Updated October 10, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.

Eviction cases in Texas are filed in justice court and follow Rule 510 of the Texas Rules of Civil Procedure. Service works differently than in other civil cases. The most important difference: a private process server generally cannot serve the eviction citation.

Who may serve it

Rule 510.8(d)(1) is short: "Only a sheriff or constable may serve a citation in an eviction case." Rule 103 says the same thing for a forcible entry and detainer citation "unless otherwise authorized by a written court order."

If the sheriff or constable "has not served the citation and petition within 5 business days after the petition's filing," the landlord may ask the court for an alias citation to be served by "any other law enforcement officer, including an off-duty officer with appropriate identification," who has the training required by the Texas Commission on Law Enforcement. The landlord gets no refund of the original service fee and pays that officer's fee, if any (Rule 510.8(d)(2)).

The deadlines

Trial date: the citation must set trial "not less than 10 days nor more than 21 days after the petition is filed" (Rule 510.8(b)(10)).
Service: the sheriff or constable "must make a diligent effort to execute it within 5 business days after the date the petition is filed," and service must happen "at least 4 days before the day the case is set for trial" (Rule 510.8(d)(4)).
Return: the officer must file the return of service "at least one day before the day set for trial" (Rule 510.8(f)(1)).
No Sunday service: "A citation cannot be served on a Sunday" (Rule 510.8(d)(4)).

Eviction time periods count every day, including weekends and holidays, except that a period ending on a Saturday, Sunday or holiday moves to the next business day (Rule 510.4(a)).

How it is served

The officer delivers the citation with the petition attached to the tenant, or leaves it "with some person, other than the plaintiff, over the age of 16 years, at the defendant's usual place of residence" (Rule 510.8(d)(4)).

If that fails, the judge may authorize delivery to the premises (Rule 510.8(e)). Three things are required:

The petition lists every home and work address of the tenant the landlord knows of in the county.
The officer swears to diligent attempts "on at least two occasions" at all of them.
At least 4 days before trial, the officer slips the papers through a mail chute or under the front door (or securely affixes them to the front door if neither is possible) and mails a copy by first-class mail.

2026 constable fees for eviction citations

County	Eviction citation fee
Dallas	$80.00
Harris	$85.00 (forcible/eviction)
Tarrant	$90.00
Travis	$90.00 (forcible detainer); writ of possession $200.00

From each county's official fee schedule (see Sources). Other counties set their own fees; check with the justice court or constable.

Where private process servers still fit

Unpaid rent of up to $20,000 can be joined with the eviction itself (Rule 510.1(a)), and then the constable serves it with the eviction citation. But if a landlord sues for rent or damages in a separate small claims or debt claim case, a JBCC-certified process server may serve that citation (Rule 501.2(a)), as with ordinary civil citations and subpoenas (Rule 103). See process server vs. constable, or find a certified server by county.

Quick answers

Can a private process server serve an eviction citation in Texas?

No, not without a court order. Rule 510.8(d)(1) says "only a sheriff or constable may serve a citation in an eviction case," and Rule 103 says the same for forcible entry and detainer citations unless a written court order authorizes someone else. If the sheriff or constable has not served within 5 business days, the landlord may ask for an alias citation to be served by another trained law enforcement officer.

How long does a constable have to serve an eviction citation in Texas?

Rule 510.8(d)(4) requires the sheriff or constable to make a diligent effort to serve within 5 business days after the petition is filed, and at least 4 days before the trial date. The trial must be set 10 to 21 days after the petition is filed (Rule 510.8(b)(10)).

How much does it cost to serve an eviction citation in Texas?

The county sets the constable fee. 2026 examples: Dallas County $80, Harris County $85, Tarrant County $90, Travis County $90 (official county fee schedules).

Can an eviction citation be served on a Sunday in Texas?

No. Rule 510.8(d)(4) states: "A citation cannot be served on a Sunday."

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