We have a tennant in Dallas who has a first payment default on rent. We have already given 2 notices to evict and are now having to go to the courthouse to file. Does anyone know if that is the next step to take and if so, can we do it online?
Howdy Inottowinit:
Once you have given a 3 day notice the next step is to file at the JP office where the property is located and more than likely it is not at the County Courthouse, There are 6 I believe here in Austin and 1 is at the courthouse. I am pretty sure you will not find the service on line yet. They will have the forms you need to file. Take a copy of the lease and a copy of the notice. You will have to know how the notice was served, in person to a 17 year old who is a household member and even better if it is the person on the lease, attached to the interior of the front door if no one is home, regular mail or certified mail. They will then be served by the constable with the notice of the lawsuit and will have 10 days to respond by phone or in person to the court. After 10 days if no response you can get a default judgment for possession only and get them out quicker or have a court date set to get a money judgment as well. It has been my experience to get them out asap and ignore going to court. Once you have the judgment they still have the right to appeal and give a bond. After their right to appeal has passed you may file a writ of possession if they have not moved and hire the constable to supervise putting their belongings out by the curb. Hope this helps
That is a tremendous help. Thank you.
Good Luck! :bigthumbup: