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,
TJCTC
