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We had a fantastic webinar presented by the Texas Apartment Association (TAA) at the end of February about the updated TAA lease.

If you missed the webinar or just want to reference it, the recording of the webinar and the handouts have been posted on the TJCTC Recordings for Credit Page. Note, please be patient as your credit for this webinar is being posted on your transcript. It can take up to 2-3 weeks.

Have a great week!

Thea & the TJCTC Team

Did you know that October is Domestic Violence Awareness Month?

1 in 4 women and 1 in 9 men in the United States experience domestic violence, and nearly 1.5 million high school students are physically abused by dating partners every year according to the National Coalition Against Domestic Violence. Many organizations have indicated that the COVID-19 pandemic has seen instances of domestic violence increase dramatically, while it has been even harder for survivors to get the help that they need to leave dangerous situations.

Those are some disappointing facts, and the increasing numbers show the importance of awareness and education about domestic violence.

What can you do to help?

Chances are that justice courts see both adults and children or teens that have survived domestic violence every day. These survivors might show up in your court for cases that you might not initially expect, like truancy and traffic cases.

There are many resources available, and courts can share these resources with people who come to the court. A few comprehensive resources can be found below:

Hotline, shelter, and counseling information, including contact information for local resources, can be found here: https://nomore.org/need-immediate-help/

The Texas Council on Family Violence Survivor Resources, including new information about lease termination for survivors of family violence, sexual assault, or stalking, can be found here: https://tcfv.org/survivor-resources/

Where can you learn more?

One of our new, self-paced modules, Family Violence and Other Criminal History Reporting for Justice Courts includes education and resources about family violence in Texas. The module and information about how to receive judicial education credit for completing it can be found here: https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

The Texas Domestic Violence Resource Program for courts, including information about the Protective Order Registry, can be found at the Texas Courts website here: https://www.txcourts.gov/dvrp/.

In case you missed it, you can read more about the Protective Order Registry and the justice court’s requirements in our blog post from last month here.

As we move into fall, many courts (and TJCTC) have been consumed with the COVID-19 pandemic and the ever-changing landscape that justice courts currently face. However, we wanted to remind you that in addition, the jurisdictional limit increase to $20,000 went into effect on September 1, 2020. Below are some answers to common questions that we have received over the last few weeks regarding the jurisdictional limit increase.

Can a plaintiff amend their petition that was filed prior to September 1 to increase their claim to more than $10,000 on or after September 1?

While a plaintiff generally has a right to amend their petition, and the court now has jurisdiction over a claim for damages that does not exceed $20,000, there are factors that must be considered when determining what happens when a plaintiff who filed a case before Sept. 1 now wants to amend a petition to seek more than $10,000 in damages.

The only time this could create a jurisdictional issue is if the damages are liquidated (definite and clearly ascertainable by reference to a written document), and the plaintiff had improperly filed a suit over which the court did not have jurisdiction prior to September 1. In that case, since the court did not have jurisdiction over the case when it was filed, technically the court would have to dismiss the case, but because the court does have jurisdiction now the plaintiff could re-file for the higher amount.

If, instead, the damages in the case are unliquidated (that is, they are not definite and clearly ascertainable by reference to a written document), then there should not be any issue with the plaintiff now seeking the higher amount. This is because there is no prohibition on reducing an unliquidated claim to “manufacture jurisdiction” in justice court. Of course, they will still have to prove their damages at trial.

Even in a case seeking liquidated damages, if the amendment is due to an increase in damages under the “mere passage of time” rule, the plaintiff may also amend to an amount that is more than the jurisdictional limit. See page 8 of the Civil Deskbook.

We do not believe that just because the plaintiff amends the petition to allege a higher amount the court must conduct a special inquiry over whether it had jurisdiction before September 1. However, if it comes to the court’s attention that it clearly did not have jurisdiction before Sept. 1, then the court would have to dismiss subject to the plaintiff’s right to refile the case now that the court’s jurisdiction has increased.

For more information on liquidated v. unliquidated damages, which types of damages count against the jurisdictional limit, and how to determine if a case is within justice court jurisdiction please see pages 8 – 10 of the Civil Deskbook.

Is the jurisdictional limit for a Repair and Remedy Case still $10,000?

Yes. The Legislature did not amend Property Code 92.0563(e), which says: “A justice court may not award a judgment under this section . . . that exceeds $10,000, excluding interest and costs of court.” However, the Supreme Court did change Rule 509.2(a)(8) to say $20,000.

We think this was an oversight on the Court’s part because the Legislature had increased the jurisdictional amount in all other civil justice court cases, and believe that the Court will likely amend the rule to match Property Code 92.0563(e) at some point in the near future.

Also, it seems likely that the Legislature will address this in the 2021 session, making the jurisdictional cap in these cases $20,000 as well. Stay tuned!

Check out TJCTC’s Online Learning Resources for webinars, recordings for credit, and other resources related to the jurisdictional increase and civil cases!

The topics include: The $20,000 Question: Jurisdictional Increase in Justice Court; Tricky Issues: Civil Cases; CPR for Civil Knowledge: Understanding the CPRC; Fundamentals of Contracts; Torts-Crash Into Me; How Much Should the Judgment Be? Calculating Damages in Civil Cases, and more!

Dear Judges:

This is an update of our post on The Docket on November 27, 2019 concerning the decision by the 68^th 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 68^th 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