This legal research guide provides information about small claims cases in justice court and provides links to filing information for select Texas counties.
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Note This page will focus on the process for appealing a small claims case. To learn more about how to appeal an eviction case, see the library's Landlord/Tenant Law research guide.
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:
An appeal must be filed within 21 days after:
The appeal can be filed with the justice court in one of three ways:
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.
Created by the Texas Justice Court Training Center, this deskbook covers procedure in civil cases in justice court. Chapter 8 discusses appeals.
A toolkit from the website TexasLawHelp.org with forms that one can use to file an appeal to the county court from the justice court (non-eviction only).
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.
This book introduces students to trial preparation, motion practice, jury selection, the trial process, preparation of the jury charge, jury argument, jury deliberations, verdict, instructed verdicts, judgments, and post-trial motions. The text also devotes a chapter to the special problems of non-jury trials. The authors have expanded their coverage of the difficult issue of finality of judgments, and included thorough treatment of original and appellate proceedings in the courts of appeal and in the Texas Supreme Court.
This three-volume set provides a comprehensive look at civil trials and appeals and includes references to statutes, rules of court, administrative regulations, and case law.
"This indispensable practice tool provides substantive and procedural guidance to all the evidentiary issues you could encounter throughout the trial process in Texas. Whether you're a new or experienced trial attorney, you'll also save time with helpful practice aids such as: how to object and how to respond to an objection on all grounds- relevancy, competency, "best evidence," and hearsay; scripts on what to say in court; direct quotes of relevant statutes and rules; master checklists of motions; and much more." - publisher's description
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.
This comprehensive set provides the reader with a legal overview on a given topic, procedural guide for parties filing in court and templates for commonly used legal forms.
A complete set of forms for common motions and responses. Includes forms for original petitions, answers, and discovery for breach of contract, personal injury, bill of review, and suit on sworn account cases. A user-friendly format aids in piecing together the various pleading parts. Provides notes and information on drafting and filing.
O'Connor's Texas Rules Civil Trials covers all the procedures practitioners need to understand - both pretrial and during trial. Chapters cover general rules for filing, serving, hearings, preserving error, plaintiff's lawsuit, defendant's response and pleadings, alternative dispute resolution, pretrial motions, discovery, disposition without trial, the trial, the judgment, and post judgment motions.
