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Dallas Eviction Attorney

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Call NOW to Schedule a FREE Consultation with a Dallas Eviction Attorney
(469) 640-0350
We offer FREE CONSULTATIONS to all first time landlord callers

There are few experiences as a Texas real estate investor that are as bad as a problem tenant. Believe us, we know! Not only does an experienced Dallas eviction attorney own our firm, he’s an experienced residential real estate investors, too!!

The key to ensuring the costs for your eviction (a.k.a forcible entry and detainer) trial do not spiral out of control is to have an experienced Dallas eviction attorney at your side. Your Dallas eviction attorney will be the reason you don’t get in front of the wrong Judge. Your Dallas eviction attorney will also ensure you have all of the required motions and pleadings, and will ensure these documents include the contents eviction courts demand. Most importantly, an experienced Dallas eviction attorney will understand when and how to exploit every opportunity to fast-track your tenant’s eviction appeal process.

The Eviction Process in Dallas Texas

The first step in any Texas eviction (except for mobile homes in mobile home parks) is to provide the tenant a notice to vacate. You can learn more about notices to vacate here.

All eviction lawsuits for properties located within the city of Dallas must be filed in a Dallas County Justice of the Peace Court. Dallas Justice of the Peace Courts are broken down geographically into precincts. Properties located within a particular Justice of the Peace’s precinct must be filed with that precinct. There IS a process to identifying which Justice of the Peace precinct your rental property is in.

When an eviction lawsuit is filed in a Dallas Justice of the Peace Court, the clerk will immediately schedule the eviction trial. Clerks typically schedule eviction trials about three to four weeks from the day the eviction lawsuit is filed. If a landlord wins in an eviction trial, the tenant will be given 5 days to appeal. After this 5 day appeal period, the landlord may request a writ of possession. After the Justice of the Peace signs the writ of possession, the Constable for the same Justice of the Peace precinct will coordinate with the landlord or the landlord’s attorney to schedule a forced move out. Thirty days following an eviction judgment, the landlord may start taking steps to have the judgment reported on the tenant’s credit by abstracting the judgment.

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Give Girling Law a Call NOW to Schedule a Consultation
(469) 640-0350
We offer FREE CONSULTATIONS to all first time landlord callers
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Dallas Eviction Courts

Dallas County is split into five Justice of the Peace precincts. Each Justice of the Peace precinct includes two Justices of the Peace. These two Justice of the Peace courts are designated as “Place 1” and “Place 2.” One of the greatest advantages of using an experienced Dallas eviction attorney is that your attorney will know which of your two judges have a judicial temperament that is best suited for landlords.

Some portions of the City of Dallas spill over into counties other than Dallas County. If you are in one of these areas, you must file your eviction within the assigned Justice of the Peace court within that area’s respective county.

What Happens When Your Tenant Appeals – Steps in the Justice of the Peace Court

Tenants have an “unrestricted” right to an appeal from a Justice of the Peace Court. This means your tenant may appeal without a reason and without justification. Even if your tenant has no case at all, your tenant may appeal!!

There are three methods for tenants to appeal. Each of the three methods involve different benefits for the tenant. However, depending on the type of appeal your tenant selects, the court will require your tenant to pay rent into the County Court’s registry. It is the landlord’s responsibility to understand when and how much rent the tenant is required to pay. It is also the landlord’s responsibility to file the correct pleadings with the County Court to demand relief from a tenant who is not paying rent as required.

When a tenant appeals from a Justice of the Peace court, the clerk will transfer the case to a Dallas County Court at Law in downtown Dallas. Dallas County has five County Court at Law courts. The County Clerk randomly assigns eviction appeals to all five of the County Courts at Law. Therefore, you have a 1 in 5 chance of getting any particular County Court Judge. Texas law does not permit you to request a specific Judge.

What Happens When Your Tenant Appeals – Steps in the County Court at Law

Dallas County Courts require attorney representation for all businesses or trusts named as the landlord.

When the court clerks transfer your eviction case to a Dallas County Court at Law, the clerks set your eviction for an entirely new trial. The County Court will act as though the Justice of the Peace trial never happened. Eviction “appeals” before Dallas County Courts at Law DO NOT involve a review of what the Justice of the Peace court did.

Your tenant DOES have the right to appeal the County Court at Law’s ruling. These appeals, however, do require a legal basis. Appeals from a Dallas County Court at Law go to the Fifth Court of Appeals in Dallas. This is one step below the Texas Supreme Court in Austin. Despite the fact tenants must have a legal basis to appeal, many tenants who file an appeal to the Court of Appeals do not have a legal basis. They seemingly file their appeals to delay the Constables from forcibly moving them out of the property. When this happens, you should be working with a Dallas eviction attorney who has experience with seeking dismissals before the Court of Appeals. If your tenant files an appeal brief, you should be working with a Dallas eviction attorney who has experience briefing before a Texas Court of Appeals.

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Give Girling Law a Call NOW to Schedule a Consultation
(469) 640-0350
We offer FREE CONSULTATIONS to all first time landlord callers
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Why You Should Use a Dallas Eviction Attorney As Opposed to Any Other Kind of Attorney

Any Dallas eviction attorney worth his salt will be familiar with the Justices of the Peace in your Precinct. Your Dallas eviction attorney should also be familiar with all five of the County Court at Law Judges. Working with a lawyer who is armed with this kind of knowledge and experience gives you a tremendous advantage. Such an attorney will know which Judges to avoid. More importantly, experienced Dallas eviction attorneys will understand your Judge’s individual preferences. For example, one Judge in the DFW area does not like 24 hour notices to vacate (even when the lease and Texas law permits 24 hour notices). Do you think a divorce attorney will know to send a 3 day notice to vacate if you get this Judge? Here’s a hint: Justices of the Peace do not handle divorce cases.

Girling Law – Dallas Eviction Attorneys who Offer Landlords a One-Stop-Shop

Tenants have a wide variety of options to make their landlords’ lives unbearable. They can appeal an eviction to a Dallas County Court at Law, the Dallas Court of Appeals, and then the Texas Supreme Court. Your tenant can file bankruptcy. Your tenant can transfer the eviction trial to a federal court. They can file retaliation lawsuits. They can file housing discrimination cases with several different government agencies. Your tenant can put the eviction trial on hold by obtaining an abatement.

Girling Law’s Dallas Eviction Attorneys have seen all of these tricks. We know exactly what to do regardless of how your tenant chooses to misbehave!

Best of all, the Dallas eviction attorneys at Girling Law will handle your eviction from beginning to end. We will start the process by issuing a notice to vacate on our firm’s letterhead. We will see the process through to the point of abstracting your judgment assuming you prevail at trial*. Girling Law will even seek to collect on your judgment by attempting to garnish your tenant’s checking account.

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Give Girling Law a Call NOW to Schedule a Consultation
(469) 640-0350
We offer FREE CONSULTATIONS to all first time landlord callers
————————————————————————————

Are You Still Seeking More Information About Evictions in Dallas?

Order a FREE COPY of Dallas Eviction Attorney, L. Marc Girling’s book, Eviction Dismissed! We’ll even pay for the postage!
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* No statements on this page should be construed to be a guarantee of results. Texas law forbids attorneys from guaranteeing a specific outcome of any legal proceeding. Evictions in Texas are adversarial proceedings. There is no way to determine the outcome of an eviction trial.

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.

Copyright © 2016 Girling Law, PLLC.  All rights reserved.

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