Rule 107 - Return of Service(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;(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.Amended August 2, 2021, effective 9/1/2021; amended November 22, 2024, effective 12/1/2024.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.