What Makes Evictions in Irving Texas Different?
There are several things that make Irving, Texas evictions different. The Judge you select or are assigned can make a huge difference in your eviction experience. Also, some of the procedures relating to evictions in Irving are different. State law governs the legal procedures. However, this law does not cover every procedure relating to evictions. There are operational procedures that vary from county to county.
Justices of the Peace
The city of Irving is entirely located within Justice of the Peace precinct 4. The Dallas County Justice of the Peace Precinct 4 includes two Justices of the Peace. These two Justices of the Peace have what attorneys refer to as “concurrent” jurisdiction. This means both Judges serve the entire City of Irving. As long as your rental property is located within the City of Irving, you can choose either of the Justices of the Peace. One of these two Justices of the Peace has an excellent reputation in the Dallas legal community. This Judge holds landlords accountable, but is very fair. As long as you do what you are supposed to do, you can expect a judgment as long as Texas law clearly establishes your right to one. You need to avoid the other Justice of the Peace.
The Dallas County Eviction Appeal Process
As is the case all over the State of Texas, tenants have an unrestricted right to an appeal. This means tenants may appeal an eviction judgment without reason or justification. Tenants may even appeal if they won!
When a tenant files an appeal, the Clerk of your Justice of the Peace Court will compile all the case’s documents and transfer them to the County Clerk. The transfer of the physical file is handled through Dallas County’s inter-office mail system. After the County Clerk receives the Justice of the Peace file, the County Clerk will assign the case to a County Court at Law, upload the documentation into the County Clerk’s system, and record any bond or rent payments.
The amount of time it takes for this internal process to finalize appears to vary wildly from court to court in Dallas County. I have seen these transfer occur within only a few days. I have also seen these transfers take a couple of weeks.
County Courts at Law
Dallas County has five County Courts at Law. The County Clerk assigns appealed evictions to these five county Courts at law on a random, “round robin,” basis. Neither party has the right to request a specific Judge. There is a process for requesting the Judge to step down. This process is called “recusal.” This is typically done when the Judge has a conflict of interest in the case. Most recusals occur voluntarily. The Judges recuse themselves upon realizing they have a conflict of interest. Although either party has a right to request the Judge to step down, you better have an excellent reason for making such a request. Believing the Judge will treat you fairly is not a sufficient legal basis for obtaining a recusal. And making such an unreasonable request is a great way to i