Serving a defendant who lives outside Texas
Updated October 9, 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.
Texas cases often involve a defendant who has moved away or lives in another state. The Texas Rules of Civil Procedure cover this directly.
Who may serve outside Texas
Rule 108: "Where the defendant is absent from the State, or is a nonresident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant; and such notice may be served by any disinterested person who is not less than eighteen years of age, in the same manner as provided in Rule 106 hereof."
In practice, that means you can hire a process server in the defendant's state. The rule itself doesn't require that person to hold Texas JBCC certification, but they must be disinterested (not a party or interested in the outcome) and at least 18.
How it must be served and proved
- Methods: the same as Rule 106: personal delivery of the citation and petition, or registered or certified mail with return receipt requested. If those fail, the court can authorize substituted service under Rule 106(b) (see when someone avoids service).
- Proof: "The return of service in such cases shall be completed in accordance with Rule 107." A return by someone other than a sheriff, constable or clerk must be verified or signed under penalty of perjury (Rule 107(e)).
- Deadlines: the defendant must "appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State," to the extent the U.S. Constitution allows (Rule 108).
Defendants in another country
Rule 108a allows service abroad (1) as the foreign country's law prescribes, (2) as a foreign authority directs in response to a letter rogatory or letter of request, (3) as provided by Rule 106(a), (4) under any applicable international agreement, (5) by diplomatic or consular officials when authorized by the U.S. Department of State, or (6) by other means not prohibited by international agreement or the foreign country's law, as the court orders. The method must be "reasonably calculated, under all of the circumstances, to give actual notice of the proceedings to the defendant in time to answer and defend."
If you can't locate the defendant
If the defendant is a nonresident and you've tried but been unable to obtain service under Rule 108, Rule 109 allows citation by publication on a sworn statement, subject to the court's review of your diligence.
Some out-of-state process servers are also JBCC-certified for Texas work. See our certified servers based outside Texas.
Quick answers
How do I serve someone who lives outside Texas in a Texas case?
Rule 108 lets any disinterested person at least 18 years old serve a nonresident or absent defendant, in the same manner as Rule 106 (personal delivery or registered/certified mail), and the return must follow Rule 107.
Does the out-of-state server need Texas JBCC certification?
Rule 108 says notice to a defendant absent from or not resident in Texas "may be served by any disinterested person who is not less than eighteen years of age", so the rule itself does not require JBCC certification for service outside Texas.
How do I serve a defendant in another country?
Rule 108a lists the permitted methods, including methods prescribed by that country’s law, letters rogatory, Rule 106(a) methods, applicable international agreements, and other means the court orders that are not prohibited by international agreement or the foreign country’s law.
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