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Appeals

Justice Court vs. County Court: Understanding Texas Eviction Appeals

Dallas Evictions Team
Dec 18, 2024
6 min read
Justice Court vs. County Court: Understanding Texas Eviction Appeals

Understanding the Appeals Process

When you win an eviction case in Justice Court, the tenant has the right to appeal to County Court. Understanding this process is crucial for landlords.

The 5-Day Appeal Window

After a judgment is entered:

  • The losing party has 5 days to file an appeal
  • This includes weekends and holidays
  • If the 5th day is a weekend/holiday, the deadline extends to the next business day
  • Requirements for Tenant Appeals

    To appeal, the tenant must file:

  • 1. An appeal bond (promise to pay if they lose)
  • 2. A cash deposit (set by the court)
  • 3. OR a Statement of Inability to Afford Payment
  • If the eviction was for non-payment of rent, the tenant must also pay one month's rent to the court.

    What Happens in County Court

    The County Court hears the case fresh (de novo):

  • Both parties present their evidence again
  • The County Court judge makes a new decision
  • More formal procedures may apply
  • Protecting Your Interests

    If a tenant appeals:

  • You may be able to receive the rent deposited with the court
  • The case will take longer to resolve
  • Consider whether you need a referral to an eviction attorney
  • Need an Attorney for a Complex Case?

    For appeals to County Court or contested, complicated evictions, we can refer you to an independent licensed Texas eviction attorney who offers our referred clients a preferred rate. You engage and pay the attorney directly; Dallas Evictions is not a law firm and does not share fees with the attorney.

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    Important: Dallas Evictions is a non-attorney eviction filing service. We are not a law firm and do not provide legal advice. For complex or contested cases, we refer clients to an independent licensed Texas attorney whom you engage and pay directly; we do not share fees with, or receive payment from, the attorney. Use of this site does not create an attorney-client relationship. Results vary by case; no specific outcome is guaranteed. The information on this site is for general informational purposes only and is not a substitute for legal advice from a licensed attorney.

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