Evasive defendants · Rule 106

Serving someone who's avoiding service in Texas

They won't answer the door. The car's in the driveway but the lights go off when anyone knocks. In Texas, dodging doesn't stop a lawsuit — it just changes the path. Here's how we close the loop.

Step one: attempts that actually find people

Most "evasive" defendants are just predictable people we haven't caught at the right time. So we don't knock three times in one afternoon. Our included attempts are spread over at least two different days, at different times, with at least one evening or Saturday — and a second attempt on the same day only counts if it's four or more hours later. Every attempt is GPS-stamped and photographed.

Step two: the due-diligence affidavit

If personal service still fails, Texas Rule of Civil Procedure 106(b) lets the court authorize another method — but only on a motion supported by a sworn statement showing the defendant's usual home or business address (or another place they can probably be found) and the specific facts of the attempts made. Thin, vague affidavits get denied.

Ours is built from the GPS log: every date, time, location, observation (lights on, cars present, someone inside, what they said), and photos that back it up. That's the due-diligence affidavit — $45 — ready for your attorney or for you to attach to the motion.

Step three: substituted service

Once the judge signs the order, service is carried out exactly as the order says — commonly by leaving the papers with anyone over 16 at the address, or securely attaching them to the front door. We execute it, document it with photos and GPS, and return a sworn affidavit of substituted service — $75.

If the defendant lives online more than at the address, Rule 106(b)(2) also lets a judge authorize service by email, social media or other technology. We build the evidence package that shows the account is theirs and active, and we carry out and document the electronic service once ordered.

Price summary

ItemPrice
Serve (3 attempts included)from $85 by county
Early-bird attempt (6:00–7:30 AM)+$35
Locate assist (part of a serve)+$65
Stakeout$60/hr
Due-diligence affidavit (Rule 106 support)$45
Substituted service after court order$75
Court-ordered electronic servicefrom $125

Payment-first, no surprises: a human reviews every request before anything happens. Once it's approved you get a secure pay link — nothing starts until it's paid, and nothing is ever charged if we can't take the job. No invoicing, no payment plans.

What not to do

Never Sunday, 7 AM–9 PM. Attempts run Monday through Saturday; pre-7 AM attempts only with the early-bird add-on (Tex. R. Civ. P. 6 bars Sunday service).

Questions people ask

What happens if someone avoids being served in Texas?
After diligent attempts, the plaintiff can ask the court under Rule 106(b) to allow another method — leaving the papers with someone over 16 at the home, posting them, or service by email or social media — supported by a sworn affidavit of the attempts.
How many attempts are needed before substituted service?
Rule 106 doesn't set a number. Judges look for genuine diligence: attempts at different times of day, on different days, with specific facts. Our three included attempts span at least two days with an evening or Saturday.
What is a due-diligence affidavit?
A sworn statement of every attempt — dates, times, location, observations — showing why personal service hasn't worked. Ours is built from the GPS and photo log and costs $45.
Can you serve someone at 6 AM?
Yes, with the early-bird add-on (+$35): one attempt between 6:00 and 7:30 AM, Monday–Saturday. Otherwise attempts run 7 AM to 9 PM.
Can you find someone who moved?
As part of a serve we're handling, locate assist (+$65) researches a better address from public records and the information you give us. We don't offer standalone skip tracing.
Can I serve them by text or Facebook?
Only if a judge orders it under Rule 106(b)(2). We prepare the evidence that the account is theirs and active, and carry out and document the service once ordered.

Related

Signed, Sealed & Served

Dodging just changes the path.

Send what you know — every detail raises the odds we catch them on the first trip. If we don't, the paper trail is already building your Rule 106 motion.