EVICTION SUITS MUST BE FILED IN JUSTICE COURT BUT ARE SUBJECT TO AUTOMATIC APPEAL TO COUNTY COURT

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

A relatively new series of rules located within Chapter 500 of the Texas Rules of Civil Procedure govern all claims filed in the Justice Courts. Among the different classes of claims are eviction or "forcible entry and detainer" suits.

Section 24.004(a) of the Texas Property Code provides that exclusive jurisdiction for eviction suits lies in the Justice Courts:

Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits. A justice court has jurisdiction to issue a writ of possession under Sections 24.0054(a), (a-2), and (a-3).

Given this jurisdictional requirement, (which is also reflected in Section 27.031(a)(2) of the Texas Government Code) eviction suits must originate and be filed in the Justice Court in the County and precinct where the rental or other contested property is located.

However, unlike most other types of lawsuits, evictions (and other small claims proceedings) are subject to an automatic appeal to the County Court. Texas Rule of Civil Procedure 510.9(a) provides:

A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a sworn statement of inability to pay with the justice court within 5 days after the judgment is signed.

By law, these appeals are de novo, meaning "new" or "as if the trial in the Justice Court never occurred." TRCP 510.10(c) provides:

The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. The trial, as well as any hearings and motions, is entitled to precedence in the county court. 

In practical terms, the above means that:

• All eviction suits must originally be filed in Justice Court;
• Either party to a Judgement entered by the Justice Court may appeal by following specified procedures;
• The appeal is taken to the County Court sitting in the same county as the Justice Court being appealed-from;
• Trial in the County Court is "new," and the evidence, testimony and Judgment arising from the original Justice Court proceeding are irrelevant.

New Eviction Laws to Take Effect Soon -- Important Changes to Eviction and Eviction Appeals Process Are Coming

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

As happens in every odd year, the Texas Legislature conducted its legislative session in 2015. This session (the 84th) resulted in a few new laws that directly impact evictions and eviction appeals in Texas. The following are summaries of the House Bills that directly impact eviction suits.

HB 1853:  Effective 9/1/15 -- H.B. 1853 amends current law relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.  Specifically, Section 24.0061, Property Code, is amended by adding a new Subsection (d-1), which authorizes a municipality to provide, without charge to the landlord or to the owner of personal property removed from a rental unit under a writ of possession, a portable, closed container into which the removed personal property shall be placed by the officer executing the writ or by the authorized person. The municipality is further authorized to remove the container from the location near the rental unit and dispose of the contents by any lawful means if the owner of the removed personal property does not recover the property from the container within a reasonable time.

HB 1334:  Effective 1/1/2016 -- This new law amends Chapter 24 of the Texas Property Code and seeks to provide a process for ensuring the validity and financial integrity of appeal bonds filed in eviction cases, and to challenge the sufficiency of the bond posted by a tenant who appeals an eviction Judgment. 

HB 3364: Effective 1/1/2016 -- This Bill is aimed at the problematic wait that current law allows commercial tenants to remain in the property after final judgment of eviction has been issued. H.B. 3364 seeks to clarify that a final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises are for residential purposes only. 

Why Your Tenant's Bexar County, San Antonio, Texas Eviction Appeal Is Taking So Long to Go to Court

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Most landlords/property owners who find themselves the victim of an appeal by a tenant who was evicted in the Justice of the Peace (J.P.) court aren't familiar with the lay of the land once that appeal goes to the County Court at Law.

By law, any party (landlord or tenant) may appeal a Justice Court's Eviction decision to the County Court at Law. This is a matter of right. Further, the appeal is taken de novo, which means "new," or as I explain things: "as if the first trial never occurred."

The rules of the game are much different in the County Court at Law.  This is, in part, because the JP Courts are designed to be "user friendly" and serve as the "people's court." The County Court does not make this claim, and is further governed by standards which don't apply to Justice Court. Among these are the Texas Rules of Evidence.

As a lawyer who handles evictions and eviction appeals on behalf of landlords, property owners and property managers, I am frequently contacted by such a person who finds that their tenant's appeal is "languishing" in the County Court at Law. Often, during this period of non-activity, the tenant continues to live rent-free, and "nothing is happening."  

Many folks have the same inquiry:  "When will the County Court at Law schedule the tenant's eviction for trial?"  

The Answer is simple and universally true:  "Not until somebody requests a trial date in writing."  

I realize that this is a departure from what happened in the JP Court. The procedure there (at least in Bexar County) is that a trial date is set at the time that the eviction suit (FE & D) is filed. This is absolutely, positively not the case in the County Court at Law.

In the Bexar County County Courts at Law, the Clerk will set the case for trial only upon receipt of a properly filed "Motion to Set," which the party setting the case is required to send to the opposing party.

It makes sense that the already-evicted Tenant who continues to possess the rental dwelling has a vested interest on letting their appeal sit on the docket. Stated differently, the appellant/tenant has no incentive to set the appeal for trial.  Thus, it is imperative upon the landlord to obtain a trial setting. Otherwise, the case will remain dormant for quite some time.

Fortunately, there is a mechanism for an expedited trial in non-payment of rent appeals. In other cases, trial can be scheduled at the Court's earliest availability.

If you are a landlord, property owner or property manager who finds yourself as the Appellant in a Tenant's eviction appeal, you may be well advised to seek the assistance of an experienced evictions lawyer who understands the process, personalities and rules of the game at the County Court at Law.

Handling Eviction Appeals in San Antonio, Bexar County, Texas -- What Happens Behind the Scenes

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Many times, a tenant who has lost an eviction case in the Justice Court will file an appeal. The right of appeal is automatic, and can be exercised in any case, irrespective of the merits of the appeal, the facts of the case, or the true intentions of the appealing party.  All the losing tenant is required to do is file a notice of appeal within 5 days of the JP's Judgment being entered, and either execute an Appeal Bond, or file a "Pauper's Affidavit" (Affidavit of Inability to Pay).  

Once these things occur, the Tenant is entitled to a Trial De Novo (Latin for "new trial") in the Bexar County Court at Law ("CCL"). Trial De Novo means that the CCL will proceed exactly as if the first trial never occurred. Thus, there is no appellate standard governing whether some error or injustice occurred in the JP trial, but rather, the County Court Judge views the case like a fresh, new case, and does not consider any findings made by the JP.  Further, the Tenant may (and frequently does) improve his or her arguments and/or evidence during the 2nd, new trial.

I have long been highly critical of the effectiveness of the Trial De Novo right of appeal, the ease with which an appeal may be brought, and the frequency with which unmeritorious appeals are filed solely to occasion delay (and at great expense and loss to the Landlord/Property Owner/Property Manager). Nevertheless, we are all left with the fact that an appeal with a Trial De Novo is an absolute right granted to any party unhappy with the Justice Court's decision in an eviction case.

Due to changes in the Eviction Rules, many of my Owner and property management clients are handling their eviction/FE & D trials "in-house" and without legal counsel. However, once an appeal is filed, the law prohibiting the practice of law by non-lawyers kicks in, and the files are routed to me to dispose of a tenant's eviction appeal.  Here's what happens from there.

Once an appeal of an FE & D / Eviction Judgement is filed in Bexar County, Texas, here's what happens:

1)  The Clerk of the Justice Court will MAIL (U.S.P.S.) the file ("transcript") to the Bexar County Clerk.  This may take several days or sometimes weeks.

2)  Once the Bexar County Clerk receives the "transcript" from the Justice Court, they will determine whether the case is one filed upon an "Appeal Bond," or a "Pauper's Affidavit."  If the case is one upon an Appeal Bond, the County Clerk WILL NOT assign a Cause Number or Court to the case unless and until somebody pays the court costs.  

3)  The County Clerk will send a letter to the Appellant advising them that the "transcript" has been received, that an Answer should be filed, and that Court costs must be paid. The letter will also specify that the appeal will be dismissed if the costs are not paid within 21 days.

4)  If the Appeal is one upon a "Pauper's Affidavit," then the Justice Court Clerk will issue a "Written Notice" that the "Pauper's Appeal" has been filed. The Notice is intended to comply with property Code Section 24.0053 (payment of rent during an appeal), and lists the amounts, including an initial  deposit, that the tenant must pay during the pendency of the appeal.  If these amounts are not timely paid, then the Tenant is in Default, and the appeal is subject to dismissal (upon a written Motion to Dismiss filed by the Landlord/owner/Appellee).

5) Assuming that the court costs are paid to the County Clerk or (in the event of a Pauper's Appeal) the initial deposit and rents are paid to the court registry, then the appeal is assigned a Cause Number and a Court by the Bexar County Clerk.

6)  Then -- and here's the part that most Appellee/landlord/Owner/Property Managers don't comprehend -- ABSOLUTELY NOTHING HAPPENS.  That is, the Appeal sits there, on the Court's docket, languishing in inactivity, until somebody takes appropriate steps to set the case for trial.  Obviously,in a Non-Payment of Rent Appeal, the tenant who is living in the property and hasn't paid rent in months has no incentive to do this.  Truth is, the non-rent-paying Tenant virtually never sets their appeal for trial, because they do not really want another losing day in Court. Thus, it is incumbent on the Owner/landlord/Appellee -- or their lawyer -- to shepherd the eviction appeal through the County Court at Law as quick as possible.  This does not happen automatically or without a familiarity as to when and where to file and set requests for Court action.

7)  One a proper written Motion is made, an eviction appeal is subject to preferential treatment, and trial may be scheduled to occur in as few as 8 days after the date that the transcript has been received from the Justice Court. Again, however, getting the proper Motion filed and set for hearing-- with notice served upon the Appellant -- is up to the Appellee/ Owner/Landlord.

8)  Once the Appeal is presented to the CCL for trial, a Final Judgment must be prepared and presented to the Court for entry. Unlike the JP Court, the CCL does not have pre-printed template Judgments. Instead, the party seeking the Judgment is required to prepare and present one for the Court's consideration.

Unlike the Justice Court's procedure for automatically setting a trial in an eviction case upon filing the Complaint, noting in the Bexar County Court at Law is automatic. Likewise, nothing is quick. For these reasons, and so many others, a Landlord, Owner or Property Manager who finds themselves facing a Tenant's eviction appeal should consider hiring a lawyer who is experienced with the Bexar County Court at Law's procedures.