When someone files a lawsuit against you in Texas, the law requires that you be officially notified—this is called “service of process.” Usually, this means a sheriff, constable, or process server hands you the legal papers in person. Some people try to avoid being served, thinking this will stop the lawsuit. However, Texas law has ways to deal with this. If the person suing you (the plaintiff) can show the court that they have tried hard to serve you in person but can’t, they can ask the court for permission to use an “alternate form of service.”
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What Are Alternate Forms of Service?
Alternate forms of service are other ways to notify you about the lawsuit if personal delivery isn’t working. In Texas, these can include:
- Leaving the papers with someone else at your home (who is at least 16 years old)
- Attaching the papers to your front door (sometimes called “nail and mail”)
- Mailing the papers to your address
- Service by publication (publishing notice in a newspaper, usually as a last resort)
- Electronic service (such as by email or social media, if the court allows)
The plaintiff must get the court’s permission and show proof that they tried to serve you in person first.
Why Avoiding Service Doesn’t Stop the Lawsuit
If you avoid being served, the court can still allow the lawsuit to move forward using these alternate methods. Once the court approves an alternate form of service and it’s completed, you are considered “served” under the law—even if you never actually see the papers.
If you continue to ignore the lawsuit, the court can enter a “default judgment” against you. This means the person suing you can win automatically, and you may lose your chance to defend yourself.
Key Takeaways
- Texas courts want to make sure everyone gets notice of a lawsuit, but they won’t let someone avoid a lawsuit just by hiding or refusing to accept papers.
- Alternate forms of service exist to prevent people from dodging lawsuits.
- Ignoring or avoiding service does not make the lawsuit go away and can actually make things worse for you.
If you or someone you know is involved in a lawsuit and is unsure about service, it’s a good idea to consult with a qualified attorney for advice on how to respond.
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