Eviction Appeals

Eviction appeal: Texas Rules of Civil Procedure (T.R.C.P.) 510.9

A)      How Taken, Time: A party may appeal a judgment in an eviction case by filing a bond,         making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with         the justice court within five days after the judgment is signed.

B)      Amount of Security, Terms: The justice court judge will set the amount of the bond or cash         deposit to include the items enumerated in Rule 510.11. The bond or cash deposit must be         payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to         effect and payment of any judgment and all costs rendered against it on appeal.

C)      Statement of Inability:

1.      Filing: An appellant who cannot furnish a bond or pay a cash deposit in the amount         required may instead file a Statement of Inability to Afford Payment of Court Costs. The         Statement must be on the form approved by the Supreme Court or include the         information required by the Court-approved form.

2.      Contest: The Statement may be contested as provided in Rule 502.3(d) within 5 days         after the opposing party receives notice that the Statement was filed.

3.      Appeal if contest sustained: If the contest is sustained, the appellant may appeal         that decision by filing notice with the justice court within five days of that court’s written         order.

4.      If no appeal or if appeal overruled: If the appellant does not appeal the ruling         sustaining the contest, or if the county court denies the appeal, the appellant may, within         one business day, post an appeal bond or make a cash deposit in compliance with this         rule.

5.      Payment of Rent in Nonpayment of Rent Appeals:                                       

a)      Notice: If a defendant appeals an eviction for nonpayment of rent by filing a         Statement of Inability to Afford Payment of Court Cost, the justice court must         provide to the defendant a written notice at the time the statement if filed that         contains the following information in bold or conspicuous type, see (Rule         510.9(5)(a)).

b)     Defendant may remain in possession. A defendant who appeals an eviction         for nonpayment of rent by filing a Statement of Inability to Afford Payment of         Court Cost is entitled to stay in possession of the premises during the pendency of         the appeal by complying with the following procedure, see (Rule 510.9(5)(a)).

D)     Notice to Other Parties Required: If a Statement of Inability to Afford Payment of Court         Costs is filed, the court must provide notice to all other parties that the Statement was filed no         later than the next business day. Within five days of filing a bond or making a cash deposit, an         appellant must serve written notice of the appeal on all other parties using a method approved         under Rule 501.4.

IMPORTANT NOTICE:

In order to proceed with your appeal, the court MUST receive any monies due before the specified date given to you at the time your appeal is accepted. Please note that this court can only accept payments Monday thru Friday from 8 a.m. until 4:30 p.m.  If your due date falls on a Saturday, Sunday, or county holiday, you will have until the next business day to make the payment. 

*NO EXCEPTIONS CAN BE MADE. FAILURE TO PAY THE REQUIRED AMOUNT COULD RESULT IN YOUR APPEAL NOT BEING PERFECTED AND PREVENT YOUR CASE FROM BEING TRANSFERRED.

E-FILE YOUR APPEAL:

***Preferred Method***

We are now accepting appeals via E-File Texas. Click here to file your appeal online.

FORMS NEEDED TO FILE YOUR APPEAL VIA E-FILE:

PLEASE NOTE: Appeals may not be filed using E-FIle Texas Self-Help at this time.

E-MAIL YOUR APPEAL:

If you are unable to submit your appeal via E-File, appeal forms are available below to fill out online via Adobe Fill and Sign.

FORMS NEEDED TO FILE YOUR APPEAL VIA E-MAIL:

Accessibility Notice: Due to the complexity of the preceding documents, these documents are scanned images. If you require assistance in accessing the information, you may contact the Justice Court at 817-884-1395.