How long does service of process take 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.
There is no single answer, and anyone who promises a guaranteed number of days is guessing. The Texas Rules of Civil Procedure don't set a deadline for serving an ordinary civil citation. They do fix several deadlines that start once service happens, and those decide how quickly a case can move.
1. Getting the citation served
- You start the clock. When the petition is filed, the clerk issues the citation "when requested," and "the party requesting citation shall be responsible for obtaining service" (Rule 99(a)).
- The server must act "without delay." Under Rule 105, the officer or authorized person who receives process must note "the day and hour on which he received it" and "execute and return the same without delay." No number of days is specified.
- Real-world speed depends on the defendant. Someone who is home and answers the door can be served on the first attempt. Someone who avoids service may take several documented attempts, followed by a court order for substituted service under Rule 106(b). Some counties charge the constable fee even when service fails; Travis County lists its fee as charged for unsuccessful attempts too.
- No Sunday service except in injunction, attachment, garnishment, sequestration or distress proceedings (Rule 6).
2. The defendant's answer deadline
| Court | Answer due | Rule |
|---|---|---|
| District and county courts | By 10:00 a.m. on the Monday next after 20 days from service | 99(b) |
| Justice court (small claims, debt claims) | By the end of the 14th day after service (next business day if it falls on a weekend or holiday) | 502.5(d) |
| Justice court eviction | Appear for trial on the date in the citation, 10 to 21 days after the petition is filed | 510.8(b)(10) |
3. Proof of service and default judgment
The return of service has to be filed, and a certified server's return must show their JBCC certification number and expiration date (Rule 107(b)(10)). Then Rule 107(h) applies: "No default judgment shall be granted in any cause until proof of service … shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment." Ask your server how quickly they file or deliver the signed return, because a late return delays everything after it.
4. Evictions move on a fixed schedule
In an eviction, 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 be made at least 4 days before trial (Rule 510.8(d)(4)). Private process servers can't serve eviction citations without a court order. See the eviction citation guide.
How to keep service fast
- Give the server every address you know: home, work, and the times the person is usually there.
- Ask the server to document each attempt (date, time, what they saw). If you need Rule 106(b) substituted service, the motion must state "specifically the facts showing that service has been attempted."
- Hire someone whose certification is active. You can check on our county pages or with the verification guide.
Quick answers
How long does a process server have to serve papers in Texas?
For ordinary civil citations, the Texas Rules of Civil Procedure set no fixed number of days. Rule 105 says the officer or authorized person must "execute and return the same without delay." Eviction citations are different: the constable must make a diligent effort to serve within 5 business days after the petition is filed (Rule 510.8(d)(4)).
How long do you have to answer after being served in Texas?
In district and county courts, by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)). In justice court, by the end of the 14th day after service (Rule 502.5(d)). In an eviction case, you must appear for trial on the date in the citation (Rule 510.8(b)(10)).
How soon after service can a default judgment be entered in Texas?
Not until the answer deadline has passed and the proof of service has been on file with the clerk for ten days, not counting the day of filing and the day of judgment (Rule 107(h)).
What if the defendant cannot be served?
After documented attempts fail, the plaintiff can ask the court for substituted service under Rule 106(b), supported by a sworn statement describing the attempts.
Find a certified server: Houston · Dallas · San Antonio · Austin · Fort Worth · all 254 counties.