Supreme Court of Texas Now Allowing Service of Process Via Social Media

In a decision that will be deemed as a big win for creditors, litigators, or really anyone who has ever dealt with evasive defendants, the State of Texas has decided to enter into a new age and territory when it comes to dealing with service of process.
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The Supreme Court of Texas in accordance with the 86th Legislature and Senate Bill 891 has approved amendments to Rule 106 of the Texas Rules of Civil Procedure. Rule 106 has been revised in response to section 17.033 of the Civil Practice and Remedies Code, which calls for rules to provide for substituted service of citation by social media.

Effective as of December 31, 2020 Method of Service under the TRCP has been amended to include the following: 

• Rule 106(b): Upon motion supported by a statement sworn to before a notary or made under penalty of perjury, listing any location where the defendant can probably be found and stating specifically the facts showing that service has been attempted at the location named in the statement but has not been successful, the court may authorize service:

1. By leaving a true copy of the citation and of the petition with anyone older than sixteen at the location specified in the statement; or
2. In any other manner, including electronically by social media, email, or other technology, that the statement or other evidence shows will be reasonably effective to give the defendant notice of the suit. 

To assist courts in defining or tailoring the use of this amendment, the Supreme Court of Texas has advised that in determining whether to permit electronic service of process, a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently has used the technology.