If the amount in controversy, exclusive of costs, exceeds $250, a dissatisfied party may appeal the final judgment to the County Court at Law. A bond in an amount set by the court is required to perfect the appeal. An appeal bond may be posted either in cash, or by having two (2) sureties sign a written "oath" where they pledge to be responsible by listing their non-exempt personal property which may be seized and sold to satisfy of the bond amount. Appeal bond and surety bond forms are available online.
A pauper’s affidavit may be filed in lieu of cash or surety. These forms are not provided by the court, and must be filed within TWENTY ONE (21) days from the date of judgment in Small Claims Court.
RULES TO APPEAL FROM SMALL CLAIMS COURT
- Bond must be filed with the court within TWENTY ONE (21) days from the date of judgment.
- If for the defendant , bond shall be double the amount of the judgment, plus the amount of the costs incurred in the Small Claims Court and estimated costs in County Court at Law.
- If for the plaintiff , bond shall be double the amount of the costs incurred in the Small Claims Court and estimated costs in County Court at Law, less such sums paid by the plaintiff on the costs. The appealing party shall give notice of filing bond to all parties.
FILING FEES IN ADDITION TO AN APPEAL BOND
The cost to file an appeal with the Justice of the Peace is $64.00
The County Clerk requires that the costs in the County Court at Law be paid within 21 days of appeal. You must contact the County Clerk to determine how much these costs are.
