Texas Supersedeas Bond (Texas Appeal Bond)
Rule 24 of the Texas Rules of Appellate Procedure offer a mechanism for an appellant to suspend enforcement of a judgment against a party to civil suit in the form of a Texas supersedeas bond. Rule 24.1 states that 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 24.2;
- payable to the judgment creditor;
- signed by the judgment debtor or the debtor's agent;
- signed by a sufficient surety or sureties as obligors; and
- conditioned as required by (d).
Rule 24.2 addresses the recovery of a money judgment. When the judgment is for money, the amount of the Texas supersedeas bond must equal the sum of compensatory damages awarded in the judgment, interest for the estimated duration of the appeal, and costs awarded in the judgment. The amount must not exceed the lesser of fifty percent (50) of the judgment debtor's current net worth or twenty five million dollars ($25,000,000). When the judgment is for the recovery of an interest in real or personal property, the trial court will determine the type of security that the judgment debtor must post. The amount of that Texas supersedeas bond if acceptable to the court, must be at least (A) the value of the property interest's rent or revenue, if the property interest is real; or (B) the value of the property interest on the date when the court rendered judgment, if the property interest is personal.
The surety on a Texas supersedeas bond is subject to liability for all damages and costs that may be awarded against the debtor up to the amount of the bond if: (1) the debtor does not perfect an appeal or the debtor's appeal is dismissed, and the debtor does not perform the trial court's judgment; (2) the debtor does not perform an adverse judgment final on appeal; or (3) the judgment is for the recovery of an interest in real or personal property, and the debtor does not pay the creditor the value of the property interest's rent or revenue during the pendency of the appeal.
Per Rule 24.1(f), enforcement of a judgment must be suspended if the judgment is superseded. Enforcement begun before the judgment is superseded must cease when the judgment is superseded. If execution has been issued, the clerk will promptly issue a writ of supersedeas. In layman's terms, perfecting an appeal with filing of the Texas supersedeas bond effectively "holds off the dogs" until the matter can be heard. Careful review of Title 2, Chapter 52 should be accomplished to ensure that there is no conflict this the appellate rules.
Obtaining a Texas appeal bond quote is easy. We require a complete judicial bond application and a copy of the pertinent court documents. Underwriting of appeal bonds requires review by a surety bond underwriter with knowledge of judicial obligations. Texas surety bond leader SuretyOne.com specializes in court bonds. A Texas supersedeas bond application submission is reviewed and responded to within one hour of receipt. We are the most agile appeal bond underwriter in the United States so "same day" e-bond delivery is guaranteed. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for further information or to discuss your particular need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.
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