Never hire just any attorney to handle your eviction. Family law attorneys are great at handling legal issues involving divorce and child support. But they rarely, if ever, practice in Justice of the Peace courts. This is an important detail. The procedures and rules of evidence in Justice of the Peace Courts are entirely different than those in family courts, criminal courts, and other civil courts. You need an Arlington TX eviction attorney who has experience with appearing before local Justices of the Peace. You need a lawyer who understands your Justice of the Peace’s preferences.
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Eviction Cases in Arlington Texas
All evictions in properties located within the City of Arlington must begin before one of two courts. Judge Curnutt, Justice of the Peace for Precinct 2, will preside over most evictions located within Arlington’s city limits. Judge Matt Hayes, Justice of the Peace for Precinct 7, presides over evictions for properties in the southern portions of Arlington.
Your tenant has an unrestricted right to appeal. In other words, he may appeal without reason or justification. Should this happen, you will have to attend a second trial before the Tarrant County Court at Law Number 1, in downtown Fort Worth. If the landlord listed on your lease is a company, the County Court will require you to hire an attorney. If you believe an appeal is likely, you should consider starting the process with an Arlington, Texas eviction attorney.
Appeals from the County Court are a bit more involved for tenants. When a tenant appeals from the County Court, the 2nd Court of Appeals will hear the appeal. This Court of appeals is located in Fort Worth. The Court of Appeals case is a review of the County Court’s actions. Appeals before a Court of Appeals can be very complex. You should always hire an attorney at this level.
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What Makes Evictions in Arlington, Texas Different?
Being one of the more urbanized areas of the Dallas-Fort Worth metroplex, the two Justice of the Peace courts serving Arlington TX preside over a high volume of eviction cases. Because of this, both Justices of the Peace serving the Arlington metro area are very well versed in Texas eviction law. You should expect both of these Judges to review your notice to vacate for compliance with Texas law. You should also expect both Judges to confirm that your delivery method complied with the relevant statutes which were changed in early 2016. An experienced Arlington TX eviction attorney will know how to meet your Judge’s expectations.
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How an Experienced Arlington TX Eviction Attorney Can Make a Difference
Being such busy courts, you do not want to waste your Judge’s time trying to understand the eviction process. And Texas law forbids court clerks from giving legal advice.
You can never be certain your tenant will appear for trial. Because of this, your Justice of the Peace will require you to file certain pleadings along with your petition for eviction. An experienced Arlington TX eviction attorney will file all of these pleadings completely and accurately. Because one of the documents requires that you obtain a certificate from the U.S. Department of Defense, you should always ensure you work with an Arlington TX eviction attorney who knows how to obtain these certificates. You also want to work with a lawyer who can locate your tenant’s social security number should you not have that information.
Also important is an Arlington TX eviction attorney who is familiar with how your Justice of the Peace interprets the law. For example, one of the Arlington Justices of the Peace requires the landlord to serve a third party in some evictions. This is a unique interpretation of the law. Few other Justices of the Peace have such a requirement. However, the Justice of the Peace is the gatekeeper to the eviction process. Not knowing a detail like this could result in a dismissal. An Arlington TX eviction attorney who knows your Justice of the Peace’s preferences can save you a tremendous amount of money.
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Leonard Marc-Charles Girling, SBN 24074283, is the attorney responsible for the contents of this website.
Girling Law PLLC’s principal place of business is in North Richland Hills, TX. The content on this website is for informational purposes only. This site and the information contained within is not legal advice, nor is it intended to be. Contacting Girling Law, PLLC does not create an attorney-client relationship. Internet users should not act upon information contained on this site without first seeking advice from an attorney. Please refrain from sending any confidential information to Girling Law, PLLC until an attorney-client relationship is established.