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.