The losing party in a small claims case may be able to appeal the case to the county court. A justice court case can be appealed if the judgment or the amount in dispute exceeds $250 (court costs excluded). The steps for filing an appeal are outlined below:

Filing Deadline

An appeal must be filed within 21 days after:

• the judgment is signed;
• the motion to reinstate is denied;
• the motion to set aside judgment is denied; or
• the motion for new trial is denied.

How to File

The appeal can be filed with the justice court in one of three ways:

• Appeal bond - An appeal bond is a signed document promising 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,” as they are sometimes called. The surety must also be approved by the judge. Depending on which party is filing the appeal, the amount of the bond may vary:
  • If the appealing party was the plaintiff in the case, they must file a $500 bond.
  • If the appealing party was the defendant in the case, they must file a bond in an amount equal to twice the amount of the judgment. 
• Cash deposit  - The appealing party may deposit cash in the amount required of the bond. This amount will go toward paying the judgment if the party loses their appeal. Anything that remains after the judgment and costs will be returned.
• Statement of Inability to Afford Payment of Court Costs - If the appealing party cannot afford to file a bond or cash deposit, they may ask to have the court costs be waived. This can be done by filing a document called a "Statement of Inability to Afford Payment of Court Costs".

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.

Texas Law & Court Rules

Understanding the Law

Forms

Court rules require the appealing party to serve written notice to the other party within 7 days of filing the appeal bond or cash deposit. Notice must be provided using one of the methods approved under Rule 501.4.

If the appealing party filed a "Statement of Inability to Afford Payment of Court Costs", court rules require the justice court provide notice to the other party no later than the next business day.

If the appealing party filed an appeal bond or cash deposit, a filing fee will need to be paid to the county court once the case has been sent to them. Court rules state the filing fee be paid within 20 days of being notified by the county court clerk. If the filing fee is not paid, the appeal may be dismissed by the county court. The case would then be returned to the justice court where the judgment may then be enforced.

If the appealing party filed a "Statement of Inability to Afford Payment of Court Costs" with the justice of the peace court, the county court may require a new "Statement" be filed with their court once the case has been sent to them.

An appeal to the county court is considered "perfected"  when an appeal bond, a cash deposit, or a "Statement of Inability to Afford Payment of Court Costs" is filed. The filing fee to the county court (see "Filing Fee" box above) also needs to be paid for an appeal to be considered perfected.  When an appeal is perfected, the judgment issued in the justice court will no longer be valid and cannot be enforced.

Once the justice court sends the appeal to the county court, the county court will start the process for setting a new trial.  This trial, known as “trial de novo,” will be conducted as if there had been no previous trial.

The procedures in the county courts are much more formal than that of the justice courts. To learn more about civil procedure in the county courts at law, check out the books available in our collection that we've listed below. It may also be best to discuss your case further with an attorney for guidance.

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online.

These print books are not available online. They are available at the Texas State Law Library in Austin. If you can't visit the library in person, these books might be available at a law library near you or a public library near you.