Justice Courts—often called “small claims courts”—handle thousands of disputes across Texas every year. These cases typically involve unpaid debts, property disputes, landlord-tenant issues, and contract claims under $20,000.
But what happens if you lose in Justice Court?
In many situations, Texas law allows you to appeal and receive an entirely new trial in County Court. This process is known as a trial de novo, and it gives parties a second chance to fully present their case.
This article explains how Justice Court appeals work in Texas, the legal deadlines involved, and when an appeal may—or may not—make sense.
What Is a Trial De Novo in Texas?
Unlike most appeals, Justice Court appeals are not limited to reviewing legal errors.
Instead, Texas law provides for a completely new trial.
Texas Rule of Civil Procedure 506.3 states:
“An appeal from a justice court to a county court… is tried de novo.”
A trial de novo means:
- The prior judgment is set aside
- Evidence is presented again
- Witnesses may testify again
- New arguments may be made
- The County Court decides the case from scratch
The Justice Court ruling does not control the outcome on appeal.
Which Cases Can Be Appealed?
Most final Justice Court judgments may be appealed, including:
- Debt collection cases
- Eviction cases (with special deadlines)
- Contract disputes
- Property damage claims
- Security deposit disputes
- Small business lawsuits
However, agreed judgments and certain dismissals may limit appeal rights.
Always review the final judgment carefully.
Deadline to Appeal a Justice Court Judgment
Timing is critical.
Texas Rule of Civil Procedure 506.1 provides:
“A party may appeal… by filing a bond, deposit, or statement of inability to afford payment… within 21 days after the judgment is signed.”
General Rule:
You usually have 21 days from the date judgment is signed to appeal.
Eviction Exception:
Eviction cases have shorter deadlines, often 5 daysunder Property Code §24.0054.
Missing the deadline usually ends your right to appeal.
How to Perfect an Appeal from Justice Court
To properly appeal, you must file one of the following:
1. Appeal Bond
A bond guaranteeing payment if you lose.
2. Cash Deposit
A cash amount set by the court.
3. Statement of Inability to Pay
If you cannot afford costs, you may file a sworn statement.
Texas Rule of Civil Procedure 506.1(g) provides:
“The appeal is perfected when the bond, deposit, or statement is filed.”
If your appeal is not properly perfected, it can be dismissed.
What Happens After the Appeal Is Filed?
Once perfected:
- The Justice Court sends the record to County Court
- A new case is opened
- Parties receive new scheduling orders
- Discovery may begin
- The case proceeds like any other civil lawsuit
The County Court treats the case as if it were originally filed there.
Do You Need a Lawyer for a County Court Appeal?
Justice Court is designed for self-representation. County Court is not.
Once appealed, your case becomes subject to:
- Texas Rules of Civil Procedure
- Formal discovery
- Evidentiary rules
- Motion practice
- Jury trial procedures
Many self-represented parties struggle at this stage.
Legal representation often becomes critical after appeal.
Can New Evidence Be Introduced?
Yes.
Because the case is tried de novo:
- New documents may be offered
- New witnesses may testify
- New defenses may be raised
- New legal theories may apply
However, surprise evidence may still be challenged under procedural rules.
Preparation matters.
Costs and Risks of Appealing
Appeals are not free.
You may incur:
- Filing fees
- Bond or deposit requirements
- Attorney’s fees
- Discovery expenses
- Trial costs
If you lose on appeal, the County Court may award court costs and interest.
In some cases, a small Justice Court loss becomes a much larger County Court judgment.
Strategic Reasons to Appeal
Appealing may make sense when:
- The Justice Court made procedural errors
- Evidence was excluded improperly
- The judge misunderstood the law
- You were unprepared originally
- The financial stakes justify litigation
An appeal is not simply “trying again.” It is a serious legal proceeding.
When an Appeal May Not Be Worth It
An appeal may be unwise when:
- The evidence strongly favors the other side
- The judgment is small
- Costs exceed potential recovery
- Settlement is available
- You lack documentation
A candid legal assessment can prevent wasted resources.
Special Rules for Eviction Appeals
Eviction appeals involve additional requirements.
Texas Property Code §24.0054 provides:
“A party appealing… must file a supersedeas bond or cash deposit…”
Tenants may instead file a sworn statement of inability to pay, but landlords may contest it.
Eviction appeals move quickly and require immediate action.
Why Justice Court Appeals Are Common in Texas
Texas relies heavily on Justice Courts for high-volume litigation.
Because of this:
- Mistakes happen
- Informal procedures cause confusion
- Evidence may be poorly developed
- Judges face heavy caseloads
The de novo appeal system helps correct these problems—but only if used properly.
Final Thoughts: Know Your Rights Before You Appeal
A Justice Court judgment is not always the end of the road.
Texas law gives litigants a powerful tool: a fresh trial in County Court. But that tool comes with deadlines, costs, and risks.
Before appealing, you should understand:
- Whether your appeal is timely
- Whether your case is strong
- Whether the economics make sense
- Whether legal representation is needed
Handled properly, an appeal can reverse an unfair result. Handled poorly, it can make matters worse.
Need Help with a Justice Court Appeal in Texas?
If you are considering appealing a small claims or eviction judgment, consulting with an experienced Texas attorney early can protect your rights and improve your outcome.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.