Dear Judges:
This is an update of our post on The Docket on November 27, 2019 concerning the decision by the 68th District Court in Dallas County holding that default money judgments for back rent in an eviction case, where the citation was served by posting and mailing to the premises, are unconstitutional as a violation of due process.
The district court entered a final judgment in the case on December 20, 2019, which may be viewed here: Simmons v Jones. An appeal filed by the Attorney General relating to jurisdictional issues is pending in the Fifth Court of Appeals.
The question you may have is whether you are legally required to follow the District Court’s 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. We believe the answer to this question is no. The 68th District Court’s decision is only binding with respect to the single plaintiff in that case and the court did not enter any injunctive relief directed to any justice court. We therefore believe you should continue to follow the existing law and procedure with respect to alternative service by posting and mailing as set forth in Rule 510.4(c) and Property Code § 24.0051(a).
If you have any questions or concerns about this case or how it affects application of eviction laws and procedures, you may discuss this matter with your county attorney.
We will continue to monitor these issues and keep you informed of any further developments.
Very truly yours,
TJCTC
