Is substitute service legal in Texas?

Yes. Texas courts allow substitute service under Rule 106 when personal service has failed and proper documentation is submitted.

How many attempts are needed before substitute service is allowed?

Typically, two to three documented attempts are required before a motion for substitute service can be filed.

Can a process server post documents on the front door?

Yes, but only with court approval. This method is called 'nail and mail' and must follow strict procedural guidelines.

Can legal documents be delivered to someone over 16 at the same address?

Yes. Courts may approve substitute service to another adult or teen (over 16) residing at the defendant’s residence.

What is substitute service via publication?

Substitute service by publication means publishing a legal notice in an approved newspaper if the defendant’s location is unknown.

Can legal papers be served through Facebook or Messenger?

Yes, in rare cases. Courts may approve substituted service via Facebook Messenger if the account is verified and actively used.

Do I need court approval for substitute service?

Yes. Substitute service is not automatic. A process server or attorney must request court approval after showing failed personal service attempts.

What Is Substitute (Alternate) Service in Texas? 6 Powerful Legal Options Explained

Substitute service (also called alternate service) is a legal method used when a process server cannot hand-deliver court documents directly to the defendant. In the state of Texas, this procedure follows strict legal rules and must be authorized by a court order. When direct personal service fails, a process server may file a motion with the court requesting permission to use a substitute method of delivery.

But what exactly does substitute service in Texas mean? What types of alternate service are available? And what happens once it’s granted? Keep reading—this guide answers those questions and more.

What Is Substitute (Alternate) Service?

Substitute service means delivering legal papers to a person or place other than directly to the intended defendant, but in a legally acceptable way. Texas courts may grant permission to use these alternative methods only after multiple personal service attempts have failed.

In other words, if someone is avoiding being served or cannot be located after due diligence, substitute service Texas law allows process servers to deliver court documents via other reliable channels.

Common Methods of Substitute Service in Texas

Here are the most frequently approved substitute service methods in Texas, including a deep look at the most commonly used options:

Method	How It Works	Common Uses
Post on the Front Door	Documents are securely posted on the defendant’s main entrance (must be visible and weather-resistant).	Used when access is denied but address is confirmed.
Serve Someone 16+ at Home	Delivery to an adult (age 16 or older) who resides at the same household as the defendant.	When defendant isn’t home after multiple attempts.
Service by Publication	Notice is published in a court-approved newspaper for a set number of days.	For defendants who can’t be found or are in hiding.
Substituted Service via Facebook	Documents are sent via Facebook Messenger with proof of message delivery or read receipt.	Emerging method in digital-age service; must be court-approved.
Substituted Service via Email	Emailing the documents to a verified address (e.g., recent communication or work email).	Must prove the email is actively monitored by the recipient.
Certified Mail	Delivery via USPS certified mail with a return receipt requested.	Often used for businesses or known addresses.
Secretary of State	The process server serves the Texas Secretary of State, who then mails the documents to the defendant.	Used when serving someone in another state or business entity.

When Can Substitute Service Be Used?

To use substitute service in Texas, you must:

Attempt personal service multiple times (usually 4–6 attempts required).
File a motion for substitute service with the court.
Include detailed records of each failed attempt (times, dates, notes, photos, etc.).
Request approval for one or more alternate service methods.

Once approved, the process server can execute substitute service as ordered and provide the court with a notarized affidavit proving compliance.

Key Phrases Explained

What Does Substitute Service Mean?

It’s a court-authorized workaround when traditional face-to-face service is impossible. It allows legal notices to be sent through reliable means that satisfy due process.

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What Is Substituted Service via Facebook?

This digital method involves sending court documents to the defendant’s verified Facebook Messenger account. The process server must show that the profile is active and monitored, often with screenshots of previous chats or posts.

What Is Substitute Service via Email?

Similar to the Facebook service, this method allows the delivery of legal papers through email. However, the court must be convinced that the recipient regularly uses that email account.

What Is Substitute Service by Publication?

If the recipient’s location is truly unknown, Texas law allows legal service by publishing a notice in a local newspaper or legal journal for a defined period. This method is often used in probate, family, and civil suits.

What Is Substitute Service via the Secretary of State?

When a business entity or out-of-state defendant cannot be served directly, the server may deliver the documents to the Texas Secretary of State, who will forward them via certified mail.

Final Thoughts: Why Substitute Service Matters

Substitute service ensures justice is still served—even when people go out of their way to avoid it. It’s an essential tool in a process server’s legal arsenal, especially in Texas, where high standards of due diligence are required.

If you’re working with a defendant who is avoiding service, asking your attorney to pursue substitute service may be your best next move.