How to get substitute service in Houston, Texas?

How to Get Substitute Service and Serve Someone Who Is Hiding

When someone refuses to answer the door, dodges calls, or even relocates to avoid being served legal documents, the question arises: how to get substitute service? In Houston, courts understand that evasive defendants exist, and Texas law provides alternative ways to ensure they are still held accountable.

This article by Houston Process Servers, LLC, walks you through the full process of substitute service—including when it’s allowed, how to request it, and how to successfully complete service on someone who’s hiding.

 

What Is Substitute Service?

Substitute service is a legal method of delivering court documents when traditional personal service is not possible. If multiple attempts to serve someone in person fail, a process server can petition the court to approve an alternative method, such as leaving the papers with someone else or posting them at the door.

How to get substitute service in Houston?

To get substitute service in Houston, a process server must make several documented attempts to serve the individual personally. If the defendant is avoiding service, the process server can file a motion with the court requesting alternative service methods, such as delivering the papers to someone at the residence or posting them at the door with photographic evidence. The court must approve the method before it becomes valid.

Evasive person hiding
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Legal Grounds for Substitute Service in Texas

Under Texas Rules of Civil Procedure Rule 106, substitute service is permitted when:

  • Personal service has been attempted unsuccessfully multiple times
  • The process server provides an affidavit detailing each attempt
  • The server includes supporting evidence (photos, notes, timestamps)
  • The court grants approval for the alternative method

Once approved, the substitute service is just as legally binding as personal service.

 

Common Substitute Service Methods

  • Leaving papers with a responsible adult at the subject’s residence
  • Posting the documents to the door
  • Serving by certified mail to the defendant’s verified address
  • Electronic service, such as email or social media (with special court approval)
How Process Servers Identify Someone Avoiding Service of Process?
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Step-by-Step: How to Get Substitute Service in Houston

  1. Hire a Certified Process Server
    • Choose a professional who knows how to document failed attempts
  2. Make Several Attempts
    • Try at different times of day and on multiple days (Houston Process Servers includes up to 4)
  3. Document Everything
    • Take photos, write time-stamped notes, record GPS coordinates if possible
  4. File an Affidavit for Substitute Service
    • Submit the documented attempts to the court along with a motion
  5. Await Court Approval
    • The judge will review and authorize alternate methods
  6. Complete the Substitute Service
    • Deliver the documents exactly as approved
  7. File the Return of Service
    • Submit proof that service was completed per court order

 

Personal vs. Substitute Service Comparison

Criteria Personal Service Substitute Service
Method Direct hand-off to the defendant Alternative method approved by the court
Attempts Required At least 1 Typically, 4-6 failed attempts are needed first
Who Can Authorize Automatically valid The judge must authorize after a motion
Valid Proof of Service Signed affidavit Affidavit + evidence + court approval
Used When Defendant is reachable Defendant is hiding, avoiding, or unreachable

Why Choose Houston Process Servers, LLC?

  • We send updates after every attempt
  • Up to 4 attempts included
  • Court-compliant affidavits
  • Stakeout services available for evasive defendants
  • Licensed and certified by the Judicial Branch Certification Commission (JBCC)
  • Trusted by law firms, agencies, and corporate clients

Need to serve someone who’s hiding? Use the contact form on our website to get started.

What Happens After Substitute Service?

Once documents are delivered via the approved substitute method, the following occurs:

  • Return of Service is filed with the court
  • The legal clock begins, such as deadlines to answer or appear
  • Defendant is considered “served,” even if they never accept the papers in hand

This ensures your case can move forward without unnecessary delays.

 

Tips for Better Results with Evasive Defendants

  • Always use certified and experienced process servers
  • Try weekends or early mornings for attempts
  • Provide alternate addresses, workplaces, or known hangouts
  • Use stakeout services when the defendant is highly evasive

 

Final Thoughts

Don’t let a hiding defendant stall your case. Houston Process Servers, LLC will help you navigate the complexities of substitute service with accuracy, professionalism, and speed.

Contact us today through our Contact Form to begin the process.

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