Recent Letter Regarding Court Decision in Eviction Default Judgments

Dear Judges:

You may have received a letter from Austin attorney Russell Sloan concerning a recent decision by the 68th District Court in Dallas County holding that default money judgments (for back rent) in an eviction case following alternative service by posting and mailing the citation are unconstitutional as a violation of due process. Click here to read the letter.

A final order has not yet been entered in this case. We do not expect that to happen until approximately December 17, 2019. Once a final order is entered we would expect the district court’s decision to be appealed to the 5th Court of Appeals in Dallas. Currently, we do not believe this decision, upon entry of a final order, is legally binding on any justice courts other than potentially Precinct 4, Place 1, Dallas County.

We therefore do not believe you are legally required, at this point, to follow this decision and refuse to enter a default judgment for back rent in an eviction case where the citation was served by alternative service by posting and mailing under Rule 510.4(c) and Property Code § 24.0051(a).

We intend to closely monitor this case and any appeal and will keep you informed of any developments.

Very truly yours,

Spotlight: Chief Deputy Clerk Ashly Vicuna from Del Rio

Ashly Vicuna
Chief Deputy Clerk – Val Verde County, Pct. 3

Tell us a bit about yourself
I was born and raised in Del Rio, Tx. I graduated from Del Rio High School in 2007. I started working for Val Verde County in 2013. I married in October of 2015 and had my first and only child in October of 2016. I love to play softball on the weekends and spend time with my family. As of July 2019, I have become the Chief Deputy for our office and am grateful for the opportunity.

What made you decide to become a clerk?
In 2013, while I was in search of a job, I was told there was a position open with the Justice of the Peace office. I applied and thankfully got the job. I have been in the same office and judge ever since.

What is something innovative, interesting or fun your office does?
Our office is like a close family, so we get together for our birthdays and celebrate together. We have monthly celebrations with the other JP offices as well. The JP offices here have all become close with each other and we are always there to help one another.

What is the best part of your job?
The best part of my job is the people I work with. No matter what is put on our plate, we always work together and get the job done.