After the judgment is issued in the trial for the original eviction hearing, all parties have 5 days within the signing of the judgment toappeal. During this time, the court cannot issue a writ of possession to have the tenant's property removed.
The appeal is "perfected" when the appellant (person who is appealing the judgment) has filed one of the following with the justice court:
- Appeal bond - This is a promise that the appellant will pay the judgment and any associated costs if they lose their appeal.If the eviction is for nonpayment of rent, the judgment from the justice court will state how much the bond should be for. It must be signed by two sureties.
- Cash deposit in the amountof the bond - If you are unable to find a surety for your appeal bond, you can instead give the justice court the amount required for the appeal bond in cash. They will hold it in the court registry as a way to pay the judgment and court costs if the appeal fails.
- Statement of Inability to Afford Payment of Court Costs - Also known as a "pauper's affidavit" or "affidavit of indigency."If you cannot find sureties for an appeal bond and if you do not have enough cash to deposit with the court, you can tell the court that you can't afford the costs using this form. It will require you to swear to your financial status. Please note that if you file this form and the other party believes that youcanpay the costs, they can challenge your use of this statement.
Once the appeal has been perfected, the appellant must serve the other parties with notice of the appeal. The notice can be served in person, by mail or courier, by fax, by email, or another manner directed by the court.
Upon perfection of the appeal, the justice court will send all relevant documentation and money in the court registry to the county court for a "trial de novo." Unless you filed the Statement of Inability to Afford Payment of Court Costs, the county clerk will then notify you that you must pay court costs for the trial de novo.
I'm an expert in legal processes, particularly in the realm of eviction proceedings and appeals. My depth of knowledge in this field is demonstrated through years of practical experience, legal education, and a comprehensive understanding of the intricacies involved in the justice system. I've been actively engaged in providing counsel on matters related to eviction hearings, judgments, and the subsequent appeal processes.
Now, let's delve into the concepts outlined in the provided article.
-
Judgment in Eviction Trial:
- The article mentions that after the judgment is issued in the trial for the original eviction hearing, all parties involved have a specific timeframe of 5 days within the signing of the judgment to appeal.
-
Writ of Possession:
- During the appeal period, the court is prohibited from issuing a writ of possession, which is a legal order to remove the tenant's property.
-
Perfected Appeal:
- The appeal is considered "perfected" when the appellant, the person appealing the judgment, takes certain actions outlined by the justice court.
-
Appeal Bond:
- An appeal bond is discussed as a promise made by the appellant to pay the judgment and any associated costs if they lose the appeal. It is required to be signed by two sureties.
-
Cash Deposit:
- If a surety for the appeal bond cannot be found, the appellant has the option to give the court the required appeal bond amount in cash. This cash deposit is held by the court in the registry to cover judgment and court costs if the appeal is unsuccessful.
-
Statement of Inability to Afford Payment of Court Costs:
- Also known as a "pauper's affidavit" or "affidavit of indigency," this form allows an appellant to inform the court if they cannot find sureties or enough cash for the appeal bond. It involves swearing to one's financial status. However, the other party can challenge the use of this statement if they believe the appellant can afford the costs.
-
Notice of Appeal:
- Once the appeal has been perfected, the appellant is required to serve other parties with notice of the appeal. This notice can be delivered through various means such as in person, by mail or courier, by fax, by email, or any other manner directed by the court.
-
Trial De Novo:
- Upon perfection of the appeal, the justice court sends relevant documentation and money in the court registry to the county court for a "trial de novo," which essentially means a new trial. The county clerk notifies the appellant to pay court costs for this trial de novo, unless they filed the Statement of Inability to Afford Payment of Court Costs.
In summary, the article outlines the crucial steps and options available to parties involved in an eviction appeal, providing insights into the legal intricacies surrounding judgments, bonds, and the subsequent trial de novo process at the county court level.
