09/25/2026
How Attorneys Can Strengthen a Motion for Substitute Service
A motion for substitute service is stronger when the supporting affidavit tells the complete story.
The affidavit should clearly explain:
• Where each attempt occurred
• The date and time of each attempt
• Why the address appeared connected to the defendant
• What was observed at the property
• Whether vehicles or signs of occupancy were present
• Whether different times or days were used
• What information was obtained from neighbors, occupants, or other sources
• Why ordinary personal service was unsuccessful
A short statement saying “multiple attempts were made” may not provide enough detail.
The court needs facts. Counsel needs a reliable record. The process server’s documentation connects the two.
The purpose of due diligence is not to create a predetermined result. It is to accurately document the efforts made to complete service.
I prepared a free Texas Rule 106 Attorney Quick Reference Guide for attorneys and paralegals. It is available through the Featured section of my LinkedIn profile.
https://processserversofhouston.com/texas-rule-106-attorney-quick-reference-guide/