The DFWEP Nonpayment Eviction Process

Every stage where we touch your case, from intake through possession restored. Steps outside our scope are shown as handoff points so you know exactly where our work ends and yours, the court's, or an attorney's begins.

Stage 1: Intake & Pre-Filing

  1. Case Intake & File Build — Client submits tenant, lease, and ledger data through our intake form. We audit the ledger, confirm jurisdiction, and prepare the appropriate Notice to Vacate. (Tex. Prop. Code § 24)
  2. Prepare & Serve Notice to Vacate — 3-day Notice to Vacate (or per lease terms). Served per Tex. Prop. Code § 24.005 with proof-of-service affidavit retained for court.
  3. Tenant cured or vacated during the notice period? — If yes, the case closes without a court filing. If not, we proceed.
  4. File Petition for Forcible Detainer — Sworn petition, SCRA affidavit, and supporting exhibits filed in the correct JP precinct via eFileTexas. (TRCP 510.6)

Stage 2: Service & Court Proceedings

  1. Constable Serves Citation (handoff, outside DFWEP control) — Personal service attempted per TRCP 510.8. Alternative service (posting) only if diligence is documented and approved.
  2. Hearing Preparation — Evidence binder assembled: certified ledger, lease and amendments, notice proof-of-service, tenant correspondence. Case materials finalized for hearing. (TRCP 510.13)
  3. JP Court Hearing — DFWEP appears on your behalf as authorized agent under § 24.011. Clients are welcome to attend but are not required in most cases. Judgment typically same-day. (§ 24.011 · TRCP 510.15)
  4. Judgment Rendered — Default judgment for landlord (tenant did not appear), judgment for landlord after a contested hearing, or a take-nothing judgment or dismissal. If the court rules for the tenant or dismisses the case, DFWEP provides a written summary of the ruling; any decision about next steps is the client's to make.

Stage 3: Post-Judgment

  1. 5-Day Appeal Window (court clerk, outside DFWEP control) — The tenant has 5 days to perfect an appeal to County Court at Law by filing an appeal bond, cash deposit, or a Statement of Inability to Pay. (TRCP 510.19)
  2. Did the tenant perfect an appeal? — A perfected appeal moves the case to County Court at Law, beyond DFWEP's authorized-agent jurisdiction. The landlord must be represented by a licensed Texas attorney there; DFWEP is not a law firm and cannot appear or advise. With no appeal, the judgment becomes final on day 6 and the writ of possession becomes available. (TRCP 510.18)
  3. Tenant vacated voluntarily after judgment? — If yes, possession is restored and the case is complete. If not, we file the writ as a separate add-on service.
  4. File Writ of Possession (add-on) — Writ application filed after the 5-day appeal window closes. Filing fee and constable service fee paid to court. (Tex. Prop. Code § 24.0061)
  5. Constable Posts 24-Hour Writ Notice (handoff) — Constable posts notice on the exterior of the premises. Tenant has at least 24 hours to vacate before execution. (§ 24.0061(d))
  6. Writ Execution Day (client responsibility) — Constable supervises but does not move belongings or change locks. Client must provide: (1) moving crew, (2) licensed locksmith, (3) supplies. Constable will not proceed without crew on-site. Possession restored.

Three things to know

  • We Are Not a Law Firm — Tex. Prop. Code § 24.011 and TRCP 510.3 permit authorized agents to appear for landlords in JP eviction hearings. DFW Eviction Pros, LLC does not provide legal advice.
  • No Self-Help Eviction — Changing locks, removing belongings, or shutting off utilities without a valid court order is illegal under Texas law and exposes you to significant civil liability.
  • Timelines Vary by County — Hearing schedules and constable availability vary across Dallas, Tarrant, Collin, Denton, Rockwall, and Ellis counties. We know each precinct's requirements.

Ready to start your eviction? Submit your case details and we will review your situation promptly. Start Case Intake · View Pricing.

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Contact

Phone: (945) 998-0643 · Email: [email protected]

10228 E. Northwest Hwy #225, Dallas, TX 75238 — Mon–Fri, 9:00 AM – 5:00 PM (by appointment only)

DFW Eviction Pros, LLC is not a law firm and does not provide legal advice. We act as authorized agents for landlords in Justice of the Peace court eviction proceedings under Texas Property Code § 24.011 and Tex. R. Civ. P. 510.3. Appeals and matters outside JP court jurisdiction require licensed attorney representation. For legal counsel, consult a licensed Texas attorney.