Rule 107.Return of Service

Last amended January 1, 2012 · Last verified June 28, 2026

In one sentenceRule 107 sets the return of service — what it must contain, the certified-mail receipt, the diligence statement when service fails, the signature or penalty-of-perjury requirement, and the rule that a return must be on file ten days before any default judgment.

Full Text of Rule 107

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) 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.

(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.

(c) When the citation was served by registered or certified mail as authorized by Rule 106, the return by the officer or authorized person must also contain the return receipt with the addressee’s signature.

(d) When the officer or authorized person has not served the citation, the return shall show the diligence used by the officer or authorized person to execute the same and the cause of failure to execute it, and where the defendant is to be found, if ascertainable.

(e) 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. A return signed under penalty of perjury must contain the statement below in substantially the following form: “My name is _________________________________, I am at least 18 years old, and (First, Middle, Last) my address is ________________,_____________,____________, ___________, and (Street) (City) (State) (Zip Code) ____________. I declare under penalty of perjury that the foregoing is true and correct. (Country) Executed in ___________County, State of __________, on the _____ day of ______, (Month) ______. Year ___________________________________________.” (Declarant)

(f) Where citation is executed by an alternative method as authorized by Rule 106, proof of service shall be made in the manner ordered by the court.

(g) 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.

(h) No default judgment shall be granted in any cause until proof of service as provided by this rule or by Rules 108 or 108a, or as ordered by the court in the event citation is executed by an alternative method under Rule 106, shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment.

End

Notes and Comments

Comment to 1988 change: Amendments are made to conform to changes in Rule 103.

Comment to 1990 change: To state more directly that a default judgment can be obtained when the defendant has been served with process in a foreign country pursuant to the provisions of Rules 108 or 108a.

2021 Comment: Certain default orders, like those in suits for protection from family violence, may be exempt by statute from the ten-day requirement in paragraph (h). See, e.g., TEX. FAM. CODE § 85.006.

Plain-English Summary

Rule 107 governs the proof that service happened. The officer or authorized person who executes a citation must complete a return of service, which need not be attached to the citation. The return must include a defined set of facts — the cause number and case name, the court, what was served, when it was received, who and what address were served, the date and manner of service or attempt, the server's name, and, for a certified process server, the certification number and expiration.

The rule adds detail for particular situations. When service was by registered or certified mail, the return must include the signed return receipt. When the citation was not served, the return must show the diligence used and why it failed. The server must sign the return, and if the signer is not a sheriff, constable, or clerk, the return must be verified or signed under penalty of perjury in the form the rule prescribes.

One protection guards defaulted defendants: no default judgment may be granted until the proof of service has been on file with the clerk for ten days, not counting the day of filing or the day of judgment.

Frequently Asked Questions

What is a return of service in Texas?

Under Rule 107, the server's proof that service occurred, stating the case, the court, what was served, when and how, the address, and the server's identity — with the certified-mail receipt or a diligence statement where applicable.

How long must proof of service be on file before a default judgment?

Ten days, under Rule 107, not counting the day of filing or the day of judgment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 107), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: return of serviceproof of servicedefault judgmentten day ruleTRCP 107