OUR EVICTION SERVICE PROCESS
First, evictions do not require a lawyer to handle the case, and we are not lawyers. We would act as your designated representatives or agent. We will gather all the information regarding the tenant's lease and provide service as they relate to providing evictions.
Second, we will provide appropriate notice to the tenant prior to filing the eviction. We will put our information on the letter for them to contact.
Third, after the period of required notice has been met, our firm will file the case at the appropriate Justice of the Peace court. Justice of the Peace courts are the courts of original jurisdiction for eviction cases in the state of Texas.
Fourth, the court will send out the notice of a trial date to the tenant. Our firm will monitor the docket to insure that we are there for the case. In some jurisdictions, they will have websites that post these dates, and at other dockets we will have to make calls every day to obtain the court date.
Fifth, we will attend the court date and present to the court the evidence of the breach of the lease, ledger (tenant ledger or other evidence provided by the owner), and the evidence of the proof of notice to the Justice of the Peace.
Sixth, the court will provide their judgment, and the tenant will have 5 days (consecutive unless the 5th day falls on a holiday or weekend) to appeal the judgment.
Seventh, if the tenant appeals, the appeal will be sent to county court for a "denovo" trial. A "denovo" trial will set aside the verdict of the lower court decision. NOTE: At this point, we can refer you to a lawyer to handle the appeal process, as we are not qualified to handle appeals or matters beyond eviction process.
Eighth, after the judgment is in place, a tenant may not leave the property, and we will file a Writ of Possession to physically remove the tenant and their belongings. We will have a constable accompany us when we enter the property. We will also contact a locksmith to be present to open the property. Often times tenants will change out the lock to prevent the owner from entering, and the locksmith will insure that we can enter the property with the Sheriff.
Ninth, we will send the owner a bill for the locksmith charges. We will change the locks. This will meet the owner's burden to change the lock 7 days after a tenant turnover, as required by the state of Texas.
Tenth, you will be sent a notification along with an album of pictures (on average 6 to 8 pictures) to give you a general idea of the work to be done.