Who Can Serve Papers in Houston? 7 Must-Know Facts About Legal Document Delivery

Serve papers in Houston legally and effectively by understanding who has the authority to deliver court documents, what the requirements are in Texas, and how to avoid costly mistakes. Whether you’re involved in a civil case or divorce, choosing the right individual to serve court papers in Houston can impact the outcome of your case.

Below, you’ll learn everything you need to know about who can serve papers for court and what the Texas Rules of Civil Procedure require when delivering legal documents.

 

Who can serve papers in Houston?

In Houston, court papers can be served by certified process servers registered with the JBCC, sheriff or constable officers, court-appointed individuals, or non-involved third parties over 18 years old. Each must follow Texas law and submit a proper Return of Service to validate the process.

 

What Does It Mean to Serve Court Papers in Houston?

To “serve court papers” means delivering official legal documents to an individual or business, notifying them that legal action is being taken against them. This process is required by law to ensure the defendant or respondent is aware of the case and has an opportunity to respond.

Legal papers that often require service include:

• Summons

• Petitions

• Complaints

• Subpoenas

• Divorce papers

• Child custody filings

Without proper service, a case can be delayed, dismissed, or declared invalid. That’s why knowing who can serve papers in Houston is critical.

 

Who Is Allowed to Serve Papers for the Court in Houston?

In Texas, Rule 103 of the Texas Rules of Civil Procedure governs who is authorized to serve court papers. Below are the individuals allowed to perform service:

1. Texas Certified Process Servers

The most reliable and commonly used professionals. They are:

• Certified by the Judicial Branch Certification Commission (JBCC)

• Authorized to serve any legal documents throughout Texas

• Experienced in tracking evasive defendants and filing proper affidavits of service

Hiring a professional ensures that documents are served legally and in accordance with Texas court rules.

2. Sheriff or Constable Officers

Sheriffs and constables have the authority to serve papers for court in civil cases. However, due to large workloads, they may take longer to complete the service.

Use of law enforcement officers is common in small counties or when service by a neutral third party is necessary.

3. Disinterested Third Parties Over Age 18

In some civil cases, you may be able to appoint someone you know (who is not involved in the case) to serve the papers.

Requirements include:

• Must be over 18 years of age

• Cannot be a party to the lawsuit

• Must complete a return or affidavit of service for proof

This option is risky if the person lacks legal knowledge. Any mistake in delivery may invalidate the service.

4. Court-Appointed Persons

A judge may grant permission for someone not typically authorized to serve papers to do so for a specific case.

This often happens when traditional service has failed, and alternative options are necessary, such as service via:

• Posting to a door

• Publication in newspapers

• Email or social media (in rare approved cases)

Requirements to Serve Court Papers in Houston

To serve court papers in Houston lawfully:

• The server must not be a party to the case

• Documents must be served within a specified timeframe

• Service must follow court-approved methods

• A return of service or affidavit must be filed with the court

Improper service may lead to the dismissal of your case or delays in judgment.

 

Can You Serve Court Papers Yourself?

In most Texas courts, you cannot serve court papers yourself if you are a party to the case. Even though it’s your lawsuit, only authorized individuals—like certified process servers or peace officers—can handle service legally.

Trying to do it yourself may result in a legal dispute or the dismissal of the case for improper procedure.

 

What Happens After the Papers Are Served?

Once the papers are delivered, the server must:

1. Complete a Return of Service (sworn affidavit)

2. Include details like the date, time, and method of service

3. File this documentation with the appropriate court

The Return of Service is vital to proving that the defendant was properly notified and gives the court jurisdiction to move the case forward.

 

Can Papers Be Served at Work or on Weekends?

Yes. In Houston and throughout Texas:

• Papers can be served at a person’s workplace

• Weekend service is allowed

• Process servers can attempt delivery at home, work, or other locations where the person is likely to be found

 

How Do You Choose the Right Person to Serve Papers?

To avoid legal errors or delays:

• Use a certified process server

• Confirm they are registered with the JBCC

• Make sure they understand local court rules

• Ask if they provide an affidavit of service and real-time updates

 

Summary: Who Can Serve Legal Documents in Houston?

 

Why Hiring a Certified Process Server Is Best

While you may have options, hiring a certified professional to serve court papers in Houston is the safest and most reliable route. They understand the urgency, legal requirements, and privacy concerns involved in every case. Whether you’re serving a business, an individual, or someone trying to avoid service, a process server knows how to get the job done legally and effectively.