Texas Small Claims Appeal Information
If either the plaintiff or the defendant is dissatisfied with the decision of the Justice of the Peace, and the amount in controversy is more than $250.00, the dissatisfied party may appeal the final judgment to the particular County’s Civil Courts at Law. The procedures for appeal are the same as if the party were appealing from a decision of the Justice Court.
If the appeal is by the defendant, within ten (10) days from the date of the judgment, the defendant must file an Appeal Bond, with two or more sureties, in double the amount of the judgment. The bond is in favor of the adverse party and must promise that the defendant will prosecute the appeal to conclusion and pay any judgment that may be rendered by the County Civil Court at Law.
If the appeal is by the plaintiff because the Justice of the Peace denied the plaintiff's claim, the plaintiff, within ten (10) days from the date of the judgment, must file an Appeal Bond, with two or more sureties, in double amount of the costs incurred in the Small Claims Court and the estimated costs in the county court, less any amounts that the plaintiff may have already paid. The bond is in favor of the adverse party and must promise that the plaintiff will prosecute the appeal to conclusion. See Rule 571, Texas Rules of Civil Procedure.
"Sureties" are persons who guarantee that their principal will perform the promise made, or pay the amount of the bond. To be a good and sufficient surety, the surety should be worth at least the amount of the bond after deducting the value of the surety's property that is exempt from execution or forced sale, and the amount of all outstanding debts owed by the surety. The surety should have property worth more than the amount of the bond that is subject to execution.
If the party wanting to appeal is unable to pay the costs of appeal or give any security for those costs, he or she is entitled to appeal by filing a pauper's affidavit (stating such inability with the Justice of the Peace within five (5) days from the date of the judgment. Notice must be given to the other party of the filing of the affidavit, and the facts of the party's inability to pay costs can be contested. See Section 28.052, Texas Government Code and Rule 572, Texas Rules of Civil Procedure.
The Affidavit of Inability to Pay must satisfy the requirements of Rule 145 of the Texas Rules of Civil Procedure. Rule 145 requires that the affidavit contain complete information as to the party's identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income (interest, dividends, etc.), spouse's income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The affidavit must also state that the party is unable to pay the court costs, and that the statements made in the affidavit are true and correct. The affidavit must be sworn before a notary public.
The appeal must be accomplished within the times specified and follow the procedures specified by the applicable rules of procedure. The rules applicable to appeal from Justice Courts can be found in Part V, Section 6, Texas Rules of Civil Procedures.
When the appeal has been perfected and the transcript sent to the County Civil Court at Law, the party appealing will be notified to pay the costs on appeal to the County Civil Court at Law. Those costs must be paid within twenty (20) days after being notified to do so by the County Clerk, or the County Clerk will return all of the papers to the Justice of the Peace. The party in whose favor the judgment was rendered may then proceed to collect the judgment. See Rule 143a, Texas Rules of Civil Procedure.
Hearing on Appeal
Once the appeal to County Civil Court at Law has been perfected, the Small Claims Court judgment becomes a nullity, and the County Civil Court at Law must try the case "de novo," or over again. This means that the parties must present their respective claims, evidence, and testimony to the judge of the County Civil Court at Law. No further pleadings in the County Civil Court at Law are required.
The judgment of the County Civil Court at Law may be appealed to the Court of Appeals. See Section 28.053, Texas Government Code.
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