Towed or Booted Vehicle Appeal

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Appeals are governed by the Texas Rules of Civil Procedure. Occupations Code § 2308.459.

  • Civil appeal: Texas Rules of Civil Procedure (T.R.C.P) 506.1

How Taken, Time: A party may appeal a judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the Justice Court within 21 days after the judgment is signed or motion to reinstate, motion to set aside, or motion for new trial, if any is denied (Rule 506.1(a)).

METHODS TO APPEAL:

  1. Amount of Bond; Sureties; Terms:  A plaintiff must file a $500 bond. A defendant must file a bond in an amount equal to twice the amount of the judgment. The bond must be supported by a surety or sureties approved by the judge. The bond must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.
  2. Cash Deposit in Lieu of Bond: In lieu of filing a bond, an appellant may deposit with the clerk of the court cash in the amount required of the bond. The deposit must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.
  3. Statement of Inability:
    1.  Filing: An appellant who cannot furnish a bond or pay a cash deposit in the amount required may instead file a Statement of Inability to Afford Payment of Court Costs. The Statement must be on the form approved  by the Supreme Court or include the information required by the Court-approved form and may be the same one that was filed with the petition (Rule 506.1(d)(1))
    2.  Contest: The Statement may be contested as provided in Rule 502.3(d) within seven days after the opposing party receives notice that the Statement was filed.
    3.  Appeal if contest sustained: If the contest is sustained, the appellant may appeal that decision by filing notice with the justice court within seven days of that court’s written order.
    4.  If no appeal or if the appeal is overruled: If the appellant does not appeal the ruling sustaining the contest, or if the county court denies the appeal, the appellant may, within five days, post an appeal bond or make a cash deposit in compliance with this rule.

Notice to Other Parties Required: If a Statement of Inability to Afford Payment of Court Costs is filed, the court must provide notice to all other parties that the Statement was filed no later than the next business day. Within seven days of filing a bond or making a cash deposit, an appellant must serve written notice of the appeal on all other parties using a method approved under Rule 501.4.

FEES:

  • Filing Fee: No appeal bond is required for Tow and Booted Appeals.

FORMS:

E-FILE YOUR APPEAL: