Texas return of service requirements (Rule 107)

Updated October 11, 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.

The return of service (often called an affidavit of service or proof of service) is the document that proves to the court that the defendant got the papers. If it is missing information or isn't signed correctly, a default judgment based on it can be overturned. Texas Rule of Civil Procedure 107 sets the requirements. Use this page as a checklist when you review a return from your server.

Who completes it

"The officer or authorized person executing the citation must complete a return of service. The return may, but need not, be endorsed on or attached to the citation" (Rule 107(a)).

The 11 required items (Rule 107(b))

"The return, together with any documents to which it is attached, must include the following information:"

  1. "the cause number and case name;"
  2. "the court in which the case is filed;"
  3. "a description of what was served;"
  4. "the date and time the process was received for service;"
  5. "the person or entity served;"
  6. "the address served;"
  7. "the date of service or attempted service;"
  8. "the manner of delivery of service or attempted service;"
  9. "the name of the person who served or attempted to serve the process;"
  10. "if the person named in (9) is a process server certified by the Judicial Branch Certification Commission, his or her identification number and the expiration date of his or her certification; and"
  11. "any other information required by rule or law."

For item 10, you can check the number and expiration date yourself on the certification lookup or the official JBCC search.

Signing: verified or under penalty of perjury

"The officer or authorized person who serves or attempts to serve a citation must sign the return. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be signed under penalty of perjury" (Rule 107(e)). So a private process server can either sign in front of a notary or use the declaration the rule provides, "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), and ____ (Country). I declare under penalty of perjury that the foregoing is true and correct. Executed in ____ County, State of ____, on the ____ day of ____ (Month), ____ (Year). ____ (Declarant)"

Special cases

  • Certified mail: when service was by registered or certified mail under Rule 106, the return "must also contain the return receipt with the addressee's signature" (Rule 107(c)).
  • Unsuccessful service: the return "shall show the diligence used ... and the cause of failure to execute it, and where the defendant is to be found, if ascertainable" (Rule 107(d)). A detailed non-service return is also useful evidence for a Rule 106(b) motion.
  • Court-ordered alternative service: "proof of service shall be made in the manner ordered by the court" (Rule 107(f)).
  • Service outside Texas or abroad: Rules 108 and 108a have their own proof rules; see serving an out-of-state defendant.

Filing and the 10-day wait

"The return and any document to which it is attached must be filed with the court and may be filed electronically or by facsimile, if those methods of filing are available" (Rule 107(g)).

"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" (Rule 107(h)). The rule's 2021 comment notes that some default orders, such as protective orders in family-violence cases, may be exempt by statute. To work out the defendant's answer date, use the answer deadline calculator.

Quick review checklist

  • Does the cause number and defendant's name match the citation exactly?
  • Are the date and time received, and the date of service, both there?
  • Is the manner of service specific (for example, "delivered in person to John A. Smith")?
  • Are the server's JBCC number and expiration date listed, and was the certification active on the service date?
  • Is it notarized, or does it include the full penalty-of-perjury declaration with the address and county?

Quick answers

What must a Texas return of service include?

Rule 107(b) lists 11 items: cause number and case name; the court; what was served; the date and time the process was received; the person or entity served; the address served; the date of service or attempted service; the manner of delivery; the server's name; for a JBCC-certified server, the certification number and expiration date; and any other information required by rule or law.

Does a Texas affidavit of service have to be notarized?

Not necessarily. Under Rule 107(e), a return signed by anyone other than a sheriff, constable or court clerk must be either verified (sworn) or signed under penalty of perjury using the declaration wording in the rule.

How long must the return be on file before a default judgment?

Ten days, not counting the day of filing and the day of judgment (Rule 107(h)).

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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.

Sources

  1. Texas Rules of Civil Procedure (Texas Judicial Branch, current edition; downloaded Oct. 9, 2026)
  2. JBCC Licensee Search (Process Server Certification)