Affidavit of Inability to Post Appeal Bond or Pay Costs for Appeal

This form is ready to be used in justice court (Justice of the Peace, or "JP" court). The form can be downloaded in the following formats:

(PDF Form: x KB / x page) or

 (Rich Text Format for word processor: x KB / x page)

PDF stands for Portable Document Format click the icon above to download and install the free Adobe Acrobat Reader.

How to fill in the blanks in the form:

1 The first blank at the top of the form is the Case Number. This number is on the documents you were served with by the constable or sheriff from the court.

2 On the right side at the top is the court information. Put the County of suit in the blank and put which Precinct and Place of the justice court where the suit was filed (e.g., Precinct 1, Place 2, Dallas County, Texas). This information is also on the documents you were served with by the constable or sheriff from the court.

3 Since the landlord filed the suit, it is the Plaintiff. Put your name in the blank for Defendant. Also, put you name in again in the first sentence of the form. Then put the date the judge ruled against you. Note: This form must be filed in the J.P. court within five days of the judgment. (In counting the five days, you must count weekends and holidays, unless the fifth day is a day the court is closed; then the last day to appeal is the next day the court is open.)

4 Then sign your name at the bottom. Print your name, complete address and phone number below your signature.

5 You are required to send a copy of the document to the landlord. In the Certificate of Service indicate which method you are going to use to give the landlord a copy of the document, place the date you sent it, and then sign your name at the bottom of the certificate of service.

Finally, read over the form and make sure it has been filled out completely. Then make two copies of the signed form and take them, with the original to the justice court for filing. The court will keep the original, and give you back one copy to serve on the landlord and one for your records. Don't forget that the landlord could contest this affidavit and the court will have to hold a hearing to approve it. Also do not forget about depositing your rent with the court as explained in other sections. For more information on proceeding with the case, see Eviction Appeal, and Representing Yourself.