The tenant refuses to pay their rent. You then go through the legal procedure to attain the property unit back in your possession. The judge grants the judgment in your favor. Suddenly, the tenant decides to appeal the judgment and you don’t know what to make of it. Now what? Obtaining a great attorney is the first step.
The appeal process goes as follows, a judgment is entered in the plaintiff’s favor, the tenant (which is the defendant) has five days after the decision is made to file what’s called a Notice of Appeal. An appeal bond must be paid or an Affidavit of Inability to Pay must be filed to begin the enactment of the appeal process. An appeals attorney Dallas can assist with this process.
If the tenant doesn’t utilize their appeal privileges within the allowed, the landlord has the authority to obtain a Writ of Possession following the five-day appeal period. If the appeal is granted, the judgment or should I say case file is then transferred to the County Court for additional processing. The tenant must file the Affidavit of Inability to Pay or they will be held responsible for satisfying any filing fees associated with the case. Most counties will request that the case is heard to determine adjudication. Regardless of the court process pending, the tenant must continue to pay rent. Instead of paying the landlord directly, the rent must be paid directly to the court registry.
Before the case is disputed, most jurisdictions will set what is called an Appeal Bond. This is the amount of money that must be submitted to the court to authorize and provide security and time. This is like collateral or surety (something of value left for contingency) which will be held in a trust pending the results of the court’s final decision. The appeal Bond can vary in price depending on the cases circumstances. Usually, though, it’s typically a percentage of the home’s value. At least this is how it’s done in Texas.
So, the case is finally heard in county court. This is basically a retrial of the initial case. The claimant involved (which are the landlord), must again prove their case to the appropriate court. This is the stage where the defendant (the tenant) must prove beyond a reasonable doubt that the landlord wrongly evicted the tenant. A jury trial is an option for the tenant if requested. They also have to pay the appropriate fees to have one appointed to their case.
If the judgment is again granted in the plaintiff’s favor. Then court must grant the tenant approximately ten days to vacate the premises. Otherwise, a Writ of Execution will be executed to take possession of the property. Having to deal with eviction as well as appeals can be a daunting, tedious, and unwelcoming process. But in certain cases, it’s necessary.