Summary (TL;DR): The time to serve a defendant after filing a lawsuit varies by jurisdiction. In Texas, there is no strict deadline, but plaintiffs must exercise “due diligence” in attempting service promptly and continuously from the date of filing. This matters most when the statute of limitations is at issue: diligent service after limitations has expired still relates back to the filing date, but a failure to demonstrate diligence can result in dismissal even on a timely filed suit. If a defendant cannot be located, alternative methods such as service by publication may be required.
In Texas, there is no fixed deadline for serving a defendant after suit is filed. Once suit is filed, you must immediately begin exercising due diligence in locating and serving the Defendant, and that diligence must continue without significant unexplained gaps. A timely filed suit does not, by itself, stop the statute of limitations from running. If service is diligently pursued after limitations has expired, the date of service relates back to the date of filing under Proulx v. Wells, 235 S.W.3d 213 (Tex. 2007), and the case is treated as timely. If diligence cannot be shown, the case can be dismissed on limitations grounds even though it was filed on time.
Texas Time limits for service
Once suit is filed in Texas, you must immediately begin using “due diligence” in locating and serving the Defendant. While not mandatory in Texas, if you are unable to locate a Defendant, I would file a periodic motion to extend the time for service along with a request for a status conference regarding service with the court. These are not mandatory in Texas by any means, but it provides you with a trail of showing due diligence in attempting to locate a Defendant. In addition to the motion, attach affidavits as exhibits which have been executed by (1) the Plaintiff’s attorney, (2) the law firm staff member assigned to this case, and (3) a private investigator, if necessary, providing an oath in each that you have determined that the Defendant is a non-resident and that you have used due diligence in attempting to locate and serve the Defendant (and the steps taken to show due diligence).
Texas Motion for Service by Publication
If you have exhausted all resources in attempting to locate and serve the Defendant, you should then file a Motion for Service by Publication, which will be the topic of next week’s blog. And as always, while this article focuses on the time limits for service, you should pay particular attention to the methods of service authorized in your jurisdiction, because it doesn’t matter if service was completed timely if it wasn’t perfected in an authorized manner. Defendants thrive on attempting to have cases dismissed on a technicality, and service is a ripe tree for dismissal on technicalities if it isn’t conducted in a strict adherence to the rules.
For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in cases just like yours.