Why Proof of Service Gets Rejected in Texas Courts
One of the most frustrating things for attorneys and self-represented litigants is finding out that the Return of Service was rejected by the court.
When this happens, hearings may be delayed, deadlines reset, and clients lose confidence. The good news: most rejections are caused by a short list of very fixable issues.
Section 1 — What Is “Proof of Service” in Texas?
In Texas, proof of service is usually called the Return of Service. It is the document that tells the court:
- Who was served
- What was served
- When and where service happened
- How service was completed
- Who performed service and their credentials
If any of this is missing or incorrect, the judge may reject it.
Section 2 — Common Reasons Returns Get Rejected
- Missing or incomplete information (no date/time, missing address, no method listed).
- Incorrect party name or mismatched spelling compared to the petition/citation.
- Wrong documents listed — the Return doesn’t accurately reflect what was actually served.
- Unclear service method — it’s not obvious if service was personal, substitute, or by mail.
- No reference to court-approved alternate service order when substitute service was used.
- Unsigned or unsworn Return where a signature or verification is required.
- Server not properly certified for the type of case or method used.
Section 3 — Problems with Substitute Service Returns
Substitute service (posting, mailing, serving another adult, etc.) is especially sensitive. Returns may be rejected if they:
- Fail to attach or reference the signed court order
- Don’t clearly describe how the order’s instructions were followed
- Don’t include dates for both posting and mailing when required
- Use language that doesn’t match what the judge actually ordered
Judges want to see that the server followed the exact method the court approved.
Section 4 — Documentation Issues That Cause Trouble
Even when service actually happened, Returns can cause problems if:
- The handwriting is unclear or illegible
- Dates are inconsistent with court expectations
- There are obvious typos in party names or locations
- The description of who was served is too vague
Courts rely on returns for precision and credibility. Anything that looks sloppy may raise questions.
Section 5 — How Experienced Servers Reduce Rejections
Professional Texas process servers reduce the risk of rejection by:
- Using clear, consistent templates for Returns
- Double-checking names, cause numbers, and addresses
- Describing service method in plain, accurate terms
- Referencing Rule 106 orders or other alternate-service orders where applicable
- Filing returns promptly so courts have time to review before hearings
Section 6 — What Attorneys and Clients Can Do on Their Side
You can help avoid Return issues by:
- Providing correct spellings of names and entities
- Confirming cause numbers and court details
- Sharing a copy of any alternate service orders promptly
- Reviewing Returns for obvious typos before important hearings
A 60-second quick check can prevent a multi-week delay.
Section 7 — What Happens If a Return Is Rejected?
Depending on the issue, the court may:
- Ask for a corrected Return
- Require additional attempts or clarification
- Delay or reset hearings
- Question whether service was actually valid
The sooner the problem is fixed, the less impact it has on the case as a whole.
Section 8 — Clear Next Steps
If you’ve had problems with Returns being rejected or questioned:
- Make sure future service is handled by someone who is detail focused
- Ask for clear, court-ready Returns as part of the standard workflow
- Build a relationship with a server who understands how judges think about proof
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