Texas Answer Deadline Calculation After Substituted Service
Substituted service frequently raises questions about when a defendant’s answer deadline begins to run in Texas civil cases. Confusion often arises because substituted service is authorized by court order and may be completed in ways that differ from traditional personal service.
This article explains how substituted service affects the calculation of Texas answer deadlines, focusing on the event that triggers the answer period under the Texas Rules of Civil Procedure. It assumes that substituted service has been authorized and completed and does not address whether service was proper or subject to challenge.
What Is Substituted Service Under Texas Law?
Substituted service is an alternative method of service authorized by court order when traditional personal service has been unsuccessful. It is governed primarily by Texas Rule of Civil Procedure 106.
A court may authorize substituted service upon a showing that:
- Personal service was attempted but unsuccessful, and
- The proposed alternative method is reasonably effective to give the defendant notice of the suit.
Authorized methods may include, for example:
- Leaving the citation and petition with another person at the defendant’s residence, or
- Delivering the documents by other means specified in the court’s order.
The specific method of substituted service is dictated by the court’s order and must be followed exactly.
What Event Triggers the Texas Answer Deadline After Substituted Service?
The Texas answer deadline is triggered by the completion of service, not by the entry of the substituted-service order itself.
When substituted service is used, the operative date for calculating the answer deadline is the date on which substituted service is completed in compliance with the court’s order.
The answer deadline does not run from:
- The date the motion for substituted service is granted,
- The date the return of service is filed, or
- The date the plaintiff becomes aware that service occurred.
Instead, the deadline is calculated based on the date service is actually completed under the authorized method.
Once service is completed, the answer deadline is determined using the same framework that applies to personal service.
How Rule 99 Applies After Substituted Service
Texas Rule of Civil Procedure 99 governs the timing of answers in most civil cases. Substituted service does not alter the structure of Rule 99.
In cases governed by Rule 99, the answer is due:
At 10:00 a.m. on the Monday next after the expiration of 20 days after service is completed.
Accordingly, once substituted service is completed:
- The day of service is excluded,
- Twenty days are counted,
- The next Monday after that period expires is identified, and
- The answer is due at 10:00 a.m. on that Monday, subject to weekend and holiday adjustments under Rule 4.
Common Misconceptions About Substituted Service and Answer Deadlines
Several recurring misunderstandings contribute to miscalculated deadlines following substituted service.
Misconception: The Deadline Runs From the Date of the Substituted-Service Order
The entry of the order authorizing substituted service does not start the answer period. The deadline runs from the completion of service, not the authorization to serve.
Misconception: The Deadline Runs From Filing the Return of Service
The return of service documents when service occurred, but it does not create the deadline. The operative event is the actual completion of service, even if the return is filed later.
Misconception: Substituted Service Automatically Extends the Answer Deadline
Substituted service does not extend the answer period. Once service is completed, the standard Rule 99 timeline applies unless modified by court order.
Misconception: Mailing or Posting Delays the Start of the Deadline
If the court authorizes service by mail, posting, or another alternative method, the deadline still runs from the date service is completed under that method, not from when the defendant actually receives notice.
How to Calculate the Answer Deadline After Substituted Service
Once substituted service has been completed, the calculation process mirrors any other Rule 99 deadline.
A practical approach includes:
- Confirming the exact date service was completed under the court’s order
- Excluding the day of service from the count
- Counting twenty days
- Identifying the Monday next after that period expires
- Adjusting for weekends or legal holidays if necessary
- Calendaring the 10:00 a.m. filing time
Because substituted service may occur without immediate notice to defense counsel, careful review of the return of service is critical.
Effect of Defective or Contested Substituted Service
Questions about whether substituted service was proper are separate from how deadlines are calculated.
Absent a court ruling setting aside service:
- The answer deadline is typically calculated from the date service was completed, and
- The existence of a potential service defect does not, by itself, toll or suspend the deadline.
Defendants who intend to challenge service must remain mindful of procedural requirements that may apply concurrently with or in lieu of an answer, depending on the relief sought and the posture of the case.
Practical Considerations for Calendaring After Substituted Service
Substituted service warrants heightened attention when calendaring deadlines.
Best practices include:
- Reviewing the substituted-service order to confirm the authorized method
- Verifying that service was completed in compliance with that order
- Using the completion date stated in the return of service unless contradicted
- Recalculating deadlines if an amended or corrected return is filed
- Calendaring conservatively when service dates are unclear
Because substituted service often occurs after initial service efforts have failed, answer deadlines may arise unexpectedly.
Related Texas Deadline Resources
- Texas Answer Deadline Chart
- Texas Answer Deadline Calculator
- Texas Service and Return of Service Deadlines
- Common Mistakes When Calculating Texas Answer Deadlines