Texas has the most appellant-friendly supersedeas bond rules in the United States. Under Civil Practice & Remedies Code §52.006, the bond is capped at the lesser of half the judgment debtor's current net worth or twenty-five million dollars — preventing the bond requirement from foreclosing access to appellate review. We write Texas appeal bonds in all 14 Texas Courts of Appeals, the Texas Supreme Court, and all four U.S. District Courts for Texas.
A trial court in Texas has entered a money judgment against you. Without a supersedeas bond, the prevailing party can begin collection the day the judgment is signed — garnishments, abstracts of judgment recorded against your real estate, account freezes. The Texas appeal bond is the appellant's defense against that collection clock.
Texas built §52.006 specifically to prevent the supersedeas bond rule from being used as a tool to deny appellate review. Before §52.006, a defendant with a $100 million judgment could be effectively foreclosed from appealing if it didn't have $100 million in liquid assets. After §52.006, the bond is capped at the lesser of half the debtor's net worth or $25 million — which means most appellants can actually post a bond and pursue their appeal.
Mechanically the bond is a three-party agreement. The appellant is the principal. The appellee is the obligee being protected. Surety One, Inc. is the surety standing behind the promise with real capital. If the appeal is affirmed, the surety pays the appellee up to the bond limit; the appellant reimburses the surety under an indemnity agreement. The form, the affidavit of net worth, and the filing under Tex. R. App. P. 24 all have to be done right — and that is what attorneys retain us for.
Two bodies of authority control. Texas Rule of Appellate Procedure 24 governs the procedure for suspending enforcement by supersedeas bond. Chapter 52 of the Civil Practice & Remedies Code governs the statutory caps and the rules of judgment enforcement. Where the two intersect, Rule 24 incorporates §52.006 by reference.
Per Rule 24.1, a judgment debtor may supersede the judgment by filing with the trial court clerk a "good and sufficient surety bond." The bond must be in the amount required by Rule 24.2, payable to the judgment creditor, signed by the judgment debtor or the debtor's agent, signed by a sufficient surety, and conditioned as required by subsection (d).
Rule 24.2 sets the bond amount. For money judgments, the bond equals compensatory damages plus interest for the estimated duration of the appeal plus costs awarded in the judgment — but the amount must not exceed the lesser of fifty percent of the judgment debtor's current net worth or $25 million. For judgments awarding an interest in real or personal property, the trial court determines the type of security; if a bond is posted, the amount tracks the rent or revenue of the property (real) or the value of the property on the date of judgment (personal).
Texas supersedeas bonds are collateral-typical. Because most appeals are not reversed, the surety expects to pay most bonds, and full collateral equal to the bond amount is the standard requirement. Three forms of collateral are accepted: cash held in escrow by Surety One, an irrevocable letter of credit from a federally insured bank, or U.S. Treasury securities pledged with an CUSIP custody arrangement. We do not accept real estate as collateral.
Non-collateralized Texas supersedeas bonds are available through our non-standard program for applicants with substantial unencumbered net worth and strong liquid position. Audited financials, personal financial statements for principals, three years of tax returns, and confirmation of no pending claims or liens are required for non-collateralized placement.
For applicants claiming the §52.006 net-worth cap, an affidavit of net worth is filed with the trial court at the same time as the bond. The appellee has 20 days to contest. If contested, the trial court holds a hearing on the proper bond amount. We routinely support clients through contested §52.006 hearings and have issued bonds that survived appellee challenges to the cap calculation.
Filing is with the trial court clerk, not the court of appeals. Most Texas counties accept e-filed bonds through eFile.TXCourts.gov, and we deliver bonds in PDF for direct electronic filing the same day they are issued. Harris, Dallas, Tarrant, Bexar, and Travis counties have supplemental local rules that may affect form acceptance — we underwrite to those local requirements without additional charge.
To get started, send three items: the final judgment, the notice of appeal (if filed) or motion for new trial, and a financial statement appropriate to the bond size. If you intend to claim §52.006, attach the affidavit of net worth. Our underwriting desk responds within four business hours; same-day issuance is standard for qualified, collateralized files.
Send the judgment, the notice of appeal, and — if you are claiming the §52.006 cap — the affidavit of net worth. Our underwriters open the file and respond immediately, 7/52/365.