Under certain circumstances, the courts will approve alternative service methods to the Texas-standard personal service. This alternative service order opens the door to performing substitute service or posting of the documents. Filing a motion for alternative service (or a 106/501*) is a process always initiated by ABC Legal and depending on the court can take quite some time.
Once the process has begun, you will receive a notification in ABC Mobile that reads "Hold Attempts. Motion for TX 106/501 In Progress." A special Proof of Non-Service will be dispatched to you that will require a signature. This is your testament to the truth of the attempts logged so far in that order.
*Rule 106 and Rule 501 of the Texas Rules for Civil Procedure specify when alternative service can be granted by a court.
Diligence Requirements: For the alternative service order to be approved, Texas courts want to see that you made diligent attempts to perform personal service. In general, that means:
Residency Confirmation: Some types of residency confirmation can be assisted by ABC Legal or our clients, but we always need our process servers to be trying to achieve the following forms of confirmation:
Just as you would report that no one is home at the address for service, include in your attempts if you checked with neighbors and no one was home, or if there is no leasing office.
When an Order Granting Alternative Service is received by ABC Legal, we will dispatch it to you along with the documents for service. This Order will state the method by which you can serve the documents. The Order must be served along with the rest of the documents.
Once you receive the Order Granting Alternative Service, ensure that you read it. It will list whether substitute service, posted service, or both is allowed.
Personal service is always allowed when you have an alternative service order in hand. Make it a habit to knock the door one last time before posting!
Jobs served via an Order for Alternative Service are paid differently from typical jobs. Due to the potentially lengthy process of filing a motion for alternative service (usually around 2-4 weeks from submission to approval), ABC will pay you half of your service fee once diligence is complete and you return the signed motion. Then, upon completion of the service - whether it is personal, substitute, or posted - you will be paid the second half. For example:
Process Server Jan Irsman is under contract to be paid $22 per order. Ms. Irsman receives an order, completes five attempts at the service address (including one before 11 AM, one after 6 PM, and one on Saturday), and speaks to the father of the defendant, Tom Foolery. Tom confirms that his son, Reggie Foolery, does reside at the address but is not available to accept the papers. Jan submits this information through ABC Mobile. A motion for alternative service is generated and sent to her. Jan signs the motion and sends it back to ABC and is paid $11 for her efforts. Later, the same order for Reggie Foolery returns to Jan Irsman's list - this time, with an Order for Alternative Service signed by Judge Cal Colfax. Jan returns to the service address and posts the documents. When she submits the service through ABC Mobile, Jan Irsman is paid another $11 for successfully completing the order.
A side note: If the order was assigned to another process server - Gilbert Horatio - after Jan Irsman completed diligence, Gilbert would be paid a flat fee of $10 for posting the documents. And, because the order was successfully resolved, Jan is paid the other half of her wage, $11.