Gavin Howe
In Texas, a party to a final judgment in a case exceeding $250 may appeal to the county court. This is known as a trial de novo, where the case is presented as if there had been no previous trial. The procedures in the county court are more formal, and the rules of evidence must be followed. An appeal bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs must be filed and approved before the justice court sends the case to the county court. The appealing party must also serve written notice to the other party within 7 days of filing the appeal. It is important to note that an appeal is different from asking the same court to rehear the case. While the former involves a different court deciding the case, the latter involves the same court reconsidering its decision.
| Characteristics | Values |
|---|---|
| What is an appeal? | A request for a higher court to review a lower court's decision |
| Who can appeal? | The losing party in a small claims case |
| What type of cases can be appealed? | Small claims cases and eviction cases |
| Where to appeal? | County Court |
| What is the process of appealing? | File an appeal bond, cash deposit or "Statement of Inability to Afford Payment of Court Costs" |
| What is the trial like in the County Court? | The trial, known as "trial de novo", will be conducted as if there had been no previous trial. The rules of evidence must be followed. |
| What to do after the Justice Court sends the case to the County Court? | Contact the County Court Clerk or Court Coordinator to ask how they set the hearing schedule for cases appealed from Justice Court |
| What happens if you did not file an Answer in Justice Court? | You have 20 days after you appeal to file an Answer with the County Court |
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What You'll Learn
Appealing a small claims case
In Texas, small claims cases are filed in county justice of the peace courts, also known as justice courts. These courts provide an informal setting, so parties often represent themselves without hiring an attorney. The monetary limit for small claims cases in Texas is $20,000.
If you wish to appeal a small claims case in Texas, you can do so by taking your case to a higher court, specifically, the County Court. This process involves several steps and requirements, which are outlined below.
Steps for Filing an Appeal:
- Appeal Bond or Cash Deposit: The appealing party must file an appeal bond, which is a signed document promising to pay the amount required by the court if they lose their appeal. The bond amount varies depending on whether the appealing party was the plaintiff or defendant. For plaintiffs, the bond amount is $500, while for defendants, it is twice the amount of the judgment. Alternatively, the appealing party may deposit cash in the amount of the bond, which will be used to pay the judgment if they lose.
- Statement of Inability to Afford Payment of Court Costs: If the appealing party cannot afford the bond or cash deposit, they may file a "Statement of Inability to Afford Payment of Court Costs" to request a fee waiver.
- Notice to the Other Party: Once the appeal bond, cash deposit, or statement of inability to afford payment has been approved, the appealing party must provide written notice to the other party within 7 days.
- Filing Fee: A separate filing fee must be paid to the County Court once the case has been sent to them.
- Answer: After the Justice Court sends the case to the County Court, the appealing party has 20 days to file an Answer with the County Court if they did not do so in the Justice Court. An Answer is not mandatory but is standard practice, as it demonstrates respect for court rules and seriousness about the case.
- Hearing: The County Court will schedule a hearing for the appeal. This hearing will be conducted as a "trial de novo," meaning the case will start over from the beginning, and all evidence and arguments will be presented as if the Justice Court trial did not happen. The procedures in the County Court are more formal than in the Justice Court.
It is important to note that the information provided here is general in nature and may not cover all the intricacies of your specific situation. For detailed guidance on appealing a small claims case in Texas, it is advisable to consult the Texas State Law Library's legal research guides or seek advice from an attorney or legal practitioner.
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Appealing an eviction case
If you are facing eviction, it is important to act quickly. Contact a lawyer for help immediately, as the deadlines for appealing evictions are tight, and successful court arguments can be difficult in non-payment cases. You can also contact the legal aid program in your county to see if you qualify for eviction advice, help negotiating with landlords, and even in-court representation in some cases.
If you are appealing an eviction after having received Texas Rent Relief funds, you may use those funds to pay rent into the court registry instead of to your landlord. If you file an appeal by bond or cash deposit, you are not bound to pay rent while your case is pending. However, rent may still accrue. If you choose to appeal by Statement of Inability to Pay Court Costs, you must pay rent into the court registry, and you must do so within five days of the appeal.
There are three ways to appeal an eviction case:
- Appeal bond: This is a signed document promising that you will pay the amount required by the court if you lose your appeal. The bond must include a pledge by a cosigner or "surety". The surety must also be approved by the judge. The amount of the bond may vary depending on which party is filing the appeal.
- Cash deposit: If you cannot find two sureties to sign your bond, then you may file an appeal by cash deposit. This requires you to pay cash into the court registry. The amount is most often equal to a month's rent, though the court can set it higher or lower.
- Statement of Inability to Pay Court Costs (Fee Waiver): If you cannot find two sureties and cannot pay cash, you may use this form to ask the court to waive the bond and deposit. However, you must still pay rent on time or risk eviction. If the court grants your fee waiver, you will have to pay rent to the court registry on time every month or risk eviction.
Once an appeal bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs has been filed and approved, the justice court will send the case to the county court. The county court will then start the process for setting a new trial, known as a "trial de novo". This trial will be conducted as if there had been no previous trial, and the procedures in the county court are much more formal than in the justice court. You will have to follow the rules of evidence in the county court, and the judge will listen first to the plaintiff's side and then to the defendant's side.
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Appealing without an attorney
In Texas, an appeal is a request for a higher court, such as a County Court, to review a lower court's decision. Appealing a case is a complicated process and it is strongly advised that you hire or consult with a licensed attorney if you can afford one. However, if you cannot afford an attorney and are not entitled to court-appointed counsel, you may choose to proceed without legal representation, which is known as "pro se". Everyone has the right to represent themselves in a Texas court.
When appealing without an attorney, it is important to be aware that pro se litigants are held to the same standards as licensed attorneys and must follow the Texas Rules of Appellate Procedure (TRAP). The Texas State Law Library and TexasLawHelp.org provide legal research guides and resources to help self-represented litigants/pro se litigants locate the legal information they need and navigate the appeals process. These resources cover a range of topics, including how to file an appeal, the costs associated with appealing, and how to present your case during the hearing.
To initiate an appeal without an attorney, you will need to file the necessary documents with the court. This typically includes an appeal bond or cash deposit, and a written notice to the other party. The appeal bond or cash deposit is a promise to pay the amount required by the court if your appeal is unsuccessful. The amount of the bond may vary depending on whether you are the plaintiff or defendant. You may also be able to file a "Statement of Inability to Afford Payment of Court Costs" instead of an appeal bond or cash deposit.
After your appeal is filed and approved, the lower court will send your case to the higher court, which will then set a date for a new trial. This trial, known as a "trial de novo", will be conducted as if there had been no previous trial. The procedures in the higher court, such as the County Court, are typically more formal than those of the lower court. During the hearing, you will have the opportunity to present your evidence and arguments to the judge, who will listen first to the plaintiff's side and then to the defendant's side. It is important to be calm and polite during the hearing, but also to present your arguments clearly and confidently.
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Appealing a default judgment
In Texas, a default judgment occurs when the defendant fails to respond to a civil complaint within the required time or misses a scheduled hearing. If you have received a notice of default judgment, you can file a motion to set aside the default judgment. This motion must be filed within 30 days of the judge's order granting the motion for default judgment. However, there are exceptions to this 30-day rule:
- If you received notice of the default judgment through a newspaper or publication, you have 2 years from the date of the default judgment to request a new trial.
- If you are on active military duty, you will have additional time to respond.
To file a motion to set aside the default judgment, you must demonstrate that you have a valid defence to the case and that cancelling the default judgment will not cause harm or delay to the other party. Additionally, you will need to provide proof of service to the other party and be prepared to explain to the judge why the default judgment should be set aside.
Once your motion to set aside the default judgment has been filed, the next step is to file an appeal with the county court. This process involves submitting an appeal bond, cash deposit, or a "Statement of Inability to Afford Payment of Court Costs". The justice court will then send the case to the county court, which will conduct a new trial, known as a "trial de novo". This means that the case will be heard as if there had been no previous trial, and you will be able to present your evidence and arguments anew.
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Appealing a civil case
In Texas, an appeal is a request for a higher court to review a lower court's decision. If you have lost a civil case in a trial court, you may wish to file an appeal. The Texas State Law Library publishes legal research guides to help both self-represented litigants/pro se litigants and attorneys/legal practitioners locate the legal information they need.
Appealing a Small Claims Case
In Texas, the losing party in a small claims case may be able to appeal the case to the county court if the judgment or the amount in dispute exceeds $250 (excluding court costs). To appeal, the losing party must file an appeal bond, a cash deposit, or a "Statement of Inability to Afford Payment of Court Costs". The appeal bond is a signed document promising that the party will pay the amount required by the court if they lose their appeal. The bond must include a pledge by a cosigner or "surety", and the amount of the bond may vary depending on which party is filing the appeal.
Appealing a Justice Court Case
A County Court hears appeals from Justice Courts located within the same county. The appeal process in a County Court is more formal than in a Justice Court. The County Court will conduct a new trial, known as a "trial de novo", as if the Justice Court case never happened. The plaintiff or defendant can file a cash deposit or bond to appeal a non-eviction Justice Court case. In non-eviction cases, you generally have 21 days from the signed judgment to file your appeal. If you did not file an Answer in Justice Court, you have 20 days after filing your appeal to file an Answer with the County Court.
It is important to note that legal appellate work is complicated, and it is strongly advised to hire or consult with a licensed attorney if possible. If you cannot afford an attorney and are not entitled to court-appointed counsel, you may choose to proceed pro se, but be aware that pro se litigants are held to the same standards as licensed attorneys and must follow the Texas Rules of Appellate Procedure (TRAP).
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Frequently asked questions
An appeal is a request for a higher court to review a lower court's decision.
The County Court will start the process for setting a new trial, known as a "trial de novo". This means that the trial will be conducted as if there had been no previous trial.
The procedures in the County Courts are much more formal than in the Justice Courts. Unlike in the Justice Court, you must follow the rules of evidence in the County Court.
You have 20 days after you file an appeal to file an answer with the County Court. While it is not strictly required, it is standard practice and can help show that you respect the court rules and are serious about the case.
The costs depend on whether you are the plaintiff or the defendant, and whether you qualify for a fee waiver. If you do not qualify for a fee waiver, you must post a bond or pay the amount in cash. The amount of the bond varies depending on which party is filing the appeal.
