Texas Appeal Bond

Suspend execution of a money judgment,
filed under TRAP 24 the same day.

Required to prevent the winning party from collecting a Texas money judgment while the appeal is pending. Governed by Texas Rule of Appellate Procedure 24 and Civ. Prac. & Rem. Code §52.006. Premium typically 1% of bond amount with full collateral.

  • Same-day issuance with clean collateral
  • Cash, LOC, or securities accepted
  • Coordinated with your appellate counsel
What it is

The bond that stops collection while the court of appeals decides.

A Texas appeal bond — often called a supersedeas bond — is posted by the appellant to suspend execution of a trial-court money judgment during the appeal. Without one, the winning party can start collecting immediately: writs of execution, garnishment, judgment liens. The appeal bond freezes all of that.

In Texas appellate practice, the appeal bond is filed with the trial court clerk, not the court of appeals. The trial court sets the bond amount under TRAP 24.2, and the clerk approves and files the bond. Once on file, enforcement of the judgment is suspended until the appellate court issues its mandate.

Appeal bonds are fully collateralized. The surety is not underwriting the appellant's credit or the merits of the appeal — the surety is posting financial backing, and collateral guarantees reimbursement if the bond is called. Premium reflects the carrying cost of that backing, not a credit-risk premium.

What you pay

Premium is flat; the real cost is the collateral.

Appeal bond pricing is a function of the bond amount and the type of collateral posted. Credit is not a material factor when full collateral is provided.

Bond amount Annual premium Collateral required
Under $250,000
Small money judgment
$2,500 min or 1% of bond 100% cash or LOC
$250,000–$1,000,000
Typical commercial judgment
1.0% of bond 100% cash or LOC
$1,000,000–$5,000,000
Large commercial judgment
0.75–1.0% of bond (tiered) 100% cash, LOC, or securities (80% haircut)
Over $5,000,000
Cap-range filings
0.5–0.75% of bond (tiered) 100% cash, LOC, or securities (80% haircut)

Premium is paid annually while the appeal is pending. Most Texas appeals resolve in 12–18 months; budget two years of premium for planning.

How to get bonded

Five steps from judgment to filed bond.

  1. 01

    Calculate bond amount

    Your appellate counsel calculates the TRAP 24.2 amount: compensatory damages + estimated appellate interest + costs. Cap applies under CPRC §52.006.

  2. 02

    Quote & collateral plan

    Call us with the judgment amount and calculated bond. We quote premium and confirm what collateral the surety will accept — cash, LOC, or securities.

  3. 03

    Collateral posting

    You wire cash to the surety's collateral account, the bank issues an irrevocable LOC payable to the surety, or securities are assigned. This is usually the longest step.

  4. 04

    Bond issuance

    Surety executes the bond on the court-approved form, surety-seals it, and delivers to your counsel for filing with the trial court clerk.

  5. 05

    Release on mandate

    When the court of appeals issues its mandate, collateral is released if the appellant prevails, or applied to the judgment if the appellant loses.

Legal requirements

Texas appellate rule, statutory cap, filing mechanics.

Why Surety Bond Houston

Appeal bonds are about execution speed.

Collateral markets

We know which sureties take LOCs from which banks, which accept securities, and how haircuts are calculated. The right match saves days on posting.

Appellate-attorney ready

Your counsel drafts the TRAP 24.2 calculation, we handle the bond. Clean handoff, no ambiguity about who confirms the form.

Houston and Texas-wide

Harris County District Courts, Fort Bend, Montgomery, and every Texas court of appeals. We file and deliver where your case sits.

FAQ

Appeal bond questions we answer every week.

How much does a Texas appeal bond cost?

Premium is typically 1% of the bond amount per year for applicants who post full collateral. A $1,000,000 appeal bond costs $10,000 per year in premium, plus $1,000,000 in posted collateral (cash, irrevocable letter of credit, or marketable securities). Appeal bonds are collateralized surety bonds — the surety is not taking credit risk, and premium reflects that.

How much collateral does the surety require?

Standard is 100% of the bond penalty in liquid collateral. Cash held in a surety-controlled account and irrevocable letters of credit from an investment-grade bank are both common. Some sureties accept marketable securities with a haircut (often 80% of market value). Real estate is generally not accepted.

Is there a cap on the amount of the appeal bond in Texas?

Yes. Texas Civil Practice and Remedies Code §52.006 caps the supersedeas amount at the lesser of 50% of the judgment debtor's current net worth or $25,000,000. The cap applies only to the compensatory damages portion of the judgment — post-judgment interest and costs are bonded separately.

How fast can a Texas appeal bond be issued?

For fully-collateralized filings with clean documents, same-day to next-day issuance is typical. The trial court signs the final judgment, the appellant posts collateral, the surety issues, and the bond is filed with the trial court clerk. Delays are almost always on the collateral side, not the surety side.

What happens when I win or lose the appeal?

If the appellant wins, the judgment is reversed or reformed and the bond is released — collateral returned, premium keeps for the time in force. If the appellant loses, the appellee may claim against the bond up to the bond amount. The surety pays the appellee from the posted collateral, and any residual collateral is returned.

Can I file a partial appeal bond to supersede only part of the judgment?

Yes. Under TRAP 24.2, the bond amount is calculated on the compensatory damages plus interest and costs, excluding punitive damages. The rule allows a judgment debtor to supersede a money judgment by posting less than the full amount if the debtor proves financial inability, subject to alternative security the trial court may order.

Do I need a separate bond for post-judgment interest?

The bond amount calculation under TRAP 24.2(a)(1) already includes compensatory damages, interest for the estimated duration of the appeal, and costs. One bond covers all three components. Interest continues to accrue during the appeal, so if the appeal runs longer than estimated, the court can order additional security.

Ready when you are

Get your Texas appeal bond today.

Same-day issuance with clean collateral. Coordinated with your appellate counsel. Filed with the trial court clerk before collection hits.