Rule 126.Fee for Service of Process in a County Other than in the County of Suit
Last amended September 1, 2016 · Last verified June 28, 2026
In one sentenceRule 126 lets a sheriff or constable require payment before serving process in a county other than the county of suit — unless the party has filed a Statement of Inability to Afford Payment of Court Costs, in which case service goes ahead without payment.
(a)General Rule: Fee Due Before Service. A sheriff or constable may require payment before serving process in a case pending in a county other than the county in which the sheriff or constable is an officer.
(b)Exception: Statement of Inability to Afford Payment of Court Costs Filed. If a Statement of Inability to Afford Payment of Court Costs has been filed in a case in which the declarant requests service of process in a county other than in the county of suit, the clerk must indicate on the document to be served that a Statement of Inability to Afford Payment of Court Costs has been filed. The sheriff or constable must execute the service without demanding payment.
End
Plain-English Summary
Rule 126 deals with paying for out-of-county service. As a rule, a sheriff or constable may require payment before serving process in a case pending in a different county.
There is an exception for parties who cannot afford it. When a Statement of Inability to Afford Payment of Court Costs has been filed and the declarant asks for service in another county, the clerk marks the document to show the Statement was filed, and the sheriff or constable must serve it without demanding payment.
Frequently Asked Questions
Do you pay a sheriff up front to serve process in another Texas county?
Usually yes, under Rule 126 — unless a Statement of Inability to Afford Payment of Court Costs has been filed, in which case service proceeds without payment.
What does the clerk do when a Statement of Inability is on file and service is needed in another county?
Under Rule 126, the clerk marks the document to be served to show a Statement of Inability to Afford Payment of Court Costs has been filed, so the sheriff or constable knows to serve it without demanding payment.
Does Rule 126 apply when a sheriff serves process in their own county?
No. Rule 126 applies only when the case is pending in a county other than the one where the sheriff or constable holds office. When the suit is pending in the officer's own county, this fee rule does not apply.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 126), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:fee for out-of-county serviceservice in another countyStatement of InabilityTRCP 126