Dallas Co. Constables Accused Of Not Giving Eviction Warnings

DALLAS (CBSDFW.COM) – Dozens of Dallas County Constable Deputies are accused of not serving papers when they said they did and lying to judges about it.

Some 25 deputies are accused of swearing that they tried to serve eviction notices when they actually didn’t. The law requires a deputy to try two times to serve an eviction notice.

‘They can [then] go to a judge, with a sworn affidavit that they’ve made three attempts, and they can get an order for substitute service,” explained Dallas County Judge Clay Jenkins.

That ‘substitute service’ order means the occupant can simply be handed a summons and complaint at the time of eviction.

“It’s possible that the first time you and your family would find out about your eviction is when they literally came to put you out on the street,” said Judge Jenkins.

Officials say the incidents weren’t isolated and deputies in all five Dallas constable precincts have been implicated.

The investigation into the alleged illegal evictions was initiated by chance. “This began with an audit of GPS data, and comparing that against other information to see if sworn peace officers were where they said they were at certain times,” explained Judge Jenkins.

Judge Jenkins says the county will be handing over its investigation to Dallas County District Attorney Craig Watkin’s office for a criminal investigation.


One Comment

  1. BDK says:

    Additionally I hope they are charged with contempt of court.

  2. Chris McPhail says:

    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. – Thomas Jefferson

  3. Melissa Baker says:

    This story is not entirely true. Instead of quoting a judge who NORMALLY doesn’t have anything to do with the eviction process say what the law is!! First the deputies have to make a morning and afternoon attempt, and not in the same day. They leave business cards in the door that appears to be the main entrance. Then after the attempts and the person was avoiding ( and this is what usually happens )service or just was not there they get the sub service. The deputies then can leave the paperworj with anyone over 16 years old. If there is no one there, they have to post to the front door. Then the tennent has to go to court and appear usually before the Justice of the Peace. Then he/she determines if the eviction is warranted. Then the constables have to place a notice on the door or give to someone who is over 16 to advise them they have 24 hours to move. The volume of evictions is so high that it is usually a week sometimes before the deputy gets to it. Then the actual set out occurs. Keep in mind the tennent is usally a month behind on rent or if it is a foreclosure they are several months behind. They have been contact on numerous times to get them to pay current. Please get all the facts before you decide to hang honest officers out to dry!!!!!

    1. OldSarge says:

      Thanks for straightening some of the procedure out, a procedure which the County Judge seems to be completely ignorant about. But you failed to mention that in addition to posting it to the front door they must mail a copy that day, or the following day, to the defendant’s address that he is being evicted from. I don’t know what these deputies are being accused of failing to do because the “news story” is certainly not very specific in giving much “news”.

      1. Melissa Baker says:

        You’re right, I didn’t add that part. The deputies do main the paperwork out the same day. This same judge refused to shut down county offices during the last heavy snow saying it wasn’t dangerous enough then he fell on the ice and broke his leg.

    2. Robert says:

      These constables are just a dishonest as many in Dallas County. I say hang them out to dry, pull their license to be cops.

      1. Melissa Baker says:

        I will think of you need time you are in need and a constable stops to help you. They are not all dishonest.

    3. darrell says:

      Melissa, if as the GPS records show the constables never went to the residence to start with. everything you stated that would require their actions prior to the actual eviction never happened. no trips, no cards, no notice on the door. their own actions, or lack of action judges them.

    4. Leea says:

      Amen Melissa! My step brother is one of them and they DO there job!

  4. Don says:

    I quess it is hard making people leave their homes.

  5. accentswv says:

    Well, with my 2 cents…The entire police force is understaffed. Our lovely politicians need to make cuts and so they went looking to find it. I agree with Melissa. Here was a Judge sticking his nose where it wasn’t supposed to be in order to figure out a way to keep him from having to suffer like the rest of the country. The county has already cut out the traffic officers indicating they were riding us of some “bad seeds”. Now they are moving along to the civil “bad seeds”. I am pretty certain that our local political figures have some top notch security systems and staff. I wonder how they would like it if their security was cut? I don’t like it. I don’t like a bit.

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