Service by Certified Mail in Texas Civil Cases

Many people are surprised to learn that not all civil papers in Texas are served in person. In some situations, the rules allow service by certified mail, usually with specific conditions.

This guide explains when certified mail is used, how it works in real cases, and what its limitations are — in clear, non-technical language.

Section 1 — What Is Service by Certified Mail?

Service by certified mail means the court documents are sent through the postal service using a trackable method that confirms delivery or attempted delivery.

It is typically used in certain civil-only situations, and usually must follow the specific rules of the court handling the case.

Section 2 — When Certified Mail May Be Allowed

Certified mail may be permitted in:

• Some Justice Court small claims or debt claims (depending on the rules and orders)
• Certain civil cases where the court has specifically authorized mail service
• Follow-up or alternate service situations when approved by the judge

Whether it’s allowed in your case is a legal and court-specific question. This guide focuses on how it works when it is permitted.

Section 3 — How Certified Mail Service Actually Works

1. The court or rules authorize certified mail for that case type or specific case.
2. The correct address for the defendant is identified.
3. The papers are sent by certified mail, often “return receipt requested” or using another trackable method.
4. Delivery attempts and tracking information are documented.
5. The person or entity handling service (server, clerk, or attorney, depending on the rules) prepares a Return or proof showing what happened.

The court then decides if this satisfies the service requirement.

Section 4 — Pros and Cons of Certified Mail

Advantages

• Can be cost-effective for certain case types
• Provides delivery records and tracking
• Does not require in-person attempts

Limitations

• Not always allowed for every case type or court
• Defendants may refuse or fail to sign for the mail
• Addresses must still be accurate
• Courts may require additional steps if delivery isn’t confirmed

Section 5 — What Happens If Certified Mail Is Refused or Unclaimed?

In some situations, a refused or unclaimed certified letter can still be important evidence that an attempt was made.

Depending on the case and the judge, this may lead to:

• Approval of alternate service methods
• Requests for substitute service (such as posting)
• Further directions from the court

The key is that everything must be documented clearly.

Section 6 — Role of Process Servers with Certified Mail

Even when the primary method is certified mail, process servers can help by:

• Ensuring the correct address is used
• Tracking delivery attempts and status
• Preparing clear, court-ready proof of what happened
• Switching to personal or alternate service if the court requires it

Section 7 — Mistakes to Avoid with Certified Mail Service

• Assuming certified mail is always enough without checking the court’s rules
• Using an outdated or unverified address
• Failing to track the mail and save status records
• Not following up when the mail is returned, refused, or unclaimed

Section 8 — Clear Next Steps

If your civil case might allow certified mail service:

• Confirm with your attorney or the court whether mail service is permitted for your case type
• Make sure the address is as accurate as possible
• Use a professional who can document tracking and results