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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 the Premium Attorney-Assisted package is appropriate
  • Our Premium Package

    For appeals and complex situations, our Premium Attorney-Assisted package ($1,799) includes full support through the County Court appeals process.

    Need Help With Your Eviction?

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