High-value post-judgment bonds,
filed with the §52.006 cap already run.
For judgments large enough to trigger the Texas CPRC §52.006 cap — the lesser of 50% of net worth or $25 million. Filed under TRAP 24.2, collateralized, and delivered to the trial court clerk. Premium typically 0.5%–1% of bond amount depending on size.
- CPRC §52.006 net-worth cap analysis
- Coordinated with trial and appellate counsel
- Cash, LOC, or securities collateral accepted
The post-judgment bond that stops collection during appeal.
A Texas supersedeas bond is the security filed by a judgment debtor under Texas Rule of Appellate Procedure 24 to suspend enforcement of a trial-court judgment during the appeal. Without one, the judgment creditor can execute: writs of execution, turnover orders, garnishment, judgment liens. The supersedeas bond freezes those remedies until the court of appeals issues its mandate.
For large money judgments, the CPRC §52.006 cap is what makes supersedeas bonds workable. Without the cap, a judgment debtor facing a $100 million judgment would need to post $100 million in collateral to appeal. The 2003 tort reform legislation capped the required security at the lesser of 50% of net worth or $25 million, making appellate review a real option for defendants who would otherwise be forced to settle.
Supersedeas bonds are collateralized. The surety requires 100% liquid collateral for the bond penalty — cash, irrevocable letters of credit, or marketable securities with a haircut. Premium covers the surety's carrying cost, not a credit-risk premium.
Tiered premium. Collateral is always 100%.
Large supersedeas bonds are priced on a tiered scale — the percentage premium drops as the bond amount rises, because collateral fully backs the risk.
| Bond amount | Annual premium rate | Collateral required |
|---|---|---|
| $1M–$5M Mid-range commercial judgment | 1.0% of bond | 100% cash, LOC, or securities (80% haircut) |
| $5M–$10M Large commercial judgment | 0.75% of bond | 100% cash, LOC, or securities (80% haircut) |
| $10M–$25M Cap-ceiling filings | 0.5–0.75% of bond | 100% cash, LOC, or securities (80% haircut) |
| $25M (cap) Maximum CPRC §52.006 bond | 0.5% of bond | 100% cash, LOC, or securities (80% haircut) |
Premium paid annually until the appellate court issues its mandate. Most large-money Texas appeals run 18–30 months. Budget two to three years of premium.
Five steps from judgment to filed bond.
- 01
Run the cap analysis
Appellate counsel calculates the full TRAP 24.2 amount and the §52.006 cap. A net-worth affidavit is prepared if the cap applies.
- 02
Quote with cap assumption
We quote premium on the capped bond amount. If the judgment creditor contests net worth, we update pricing after the court rules.
- 03
Post collateral
Cash wire, irrevocable LOC from an investment-grade bank, or assigned marketable securities. This is usually the longest step.
- 04
Bond issuance and approval
Surety issues on the court-approved form. Your counsel files with the trial court clerk. Clerk or judge approves the bond.
- 05
Mandate release
When the appellate court issues its mandate, collateral is returned (if you win) or applied (if you lose). Residual cash is returned.
Texas rule, statutory cap, filing mechanics.
Texas Rule of Appellate Procedure 24 governs supersedeas. TRAP 24.1 lists the methods of suspension. TRAP 24.2 sets the amount formula by judgment type.
Texas Civil Practice and Remedies Code §52.006 caps the compensatory-damages portion of the bond at the lesser of 50% of the judgment debtor's current net worth or $25,000,000.
TRAP 24.2(c) requires a detailed affidavit listing assets and liabilities. The judgment creditor can contest within 20 days with limited discovery. The court rules at an expedited hearing.
Punitive and exemplary damages are excluded from the bond calculation under TRAP 24.2(a)(1). They are automatically superseded pending appeal under CPRC §52.006(b).
CPRC §52.006(c) allows further reduction of the bond if the trial court finds that the bond would cause the judgment debtor substantial economic harm, as long as the reduction does not substantially impair the judgment creditor's ability to recover.
Cap-ceiling bonds are a specialty market.
Large-capacity sureties
Not every surety writes $25M bonds. We know which markets have the capacity and take the collateral structures that fit your balance sheet.
Appellate-attorney coordination
Your appellate team runs the rule. We run the bond. Clean handoff, no ambiguity about who files what.
Net-worth contest experience
If the judgment creditor contests net worth, the bond amount can change mid-process. We've updated and reissued through contests without missing the appellate deadline.
Other judicial and fiduciary bonds we write.
Supersedeas bond questions we answer every week.
What is the difference between a supersedeas bond and an appeal bond in Texas?
Under the current Texas Rules of Appellate Procedure, the two terms describe the same instrument. Texas practice uses "supersedeas bond" when emphasizing the function — suspending execution of a judgment — and "appeal bond" when emphasizing context. Both are governed by TRAP 24. Older Texas cases and treatises sometimes distinguished them, but post-2003 TRAP amendments unified the concept.
How is the supersedeas amount calculated under TRAP 24.2?
For a money judgment: compensatory damages awarded + interest for the estimated duration of the appeal + costs, excluding punitive or exemplary damages. For a judgment awarding the recovery of an interest in property: the value of the property interest or the amount of any lien on the property, whichever is less. For other judgments, the amount is whatever the trial court determines is adequate security.
How does the CPRC §52.006 cap work?
Texas Civil Practice and Remedies Code §52.006 caps the supersedeas amount at the lesser of (a) 50% of the judgment debtor's current net worth, or (b) $25,000,000. To invoke the cap, the judgment debtor files a net-worth affidavit. The judgment creditor may contest net worth, triggering limited discovery and a hearing. The cap only limits the compensatory damages portion of the bond calculation.
What proof of net worth does the court require?
TRAP 24.2(c) requires a net-worth affidavit with a complete, detailed listing of assets and liabilities from which net worth can be ascertained. Tax returns, financial statements, and appraisals are commonly attached. The judgment creditor may file a contest within 20 days and conduct discovery limited to the net-worth issue. The court rules on the contest at an expedited hearing.
Can I post alternate security instead of a supersedeas bond?
Yes. TRAP 24.1(a) allows suspension by (1) filing a good and sufficient bond, (2) making a deposit in lieu of bond, (3) filing a letter of credit, or (4) providing other alternate security ordered by the trial court. Cash deposits with the court clerk are the second most common method after surety bonds. Letters of credit direct to the clerk are rare because clerks are not well-equipped to administer them.
What happens during a contested net-worth hearing?
The judgment debtor carries the burden of proving net worth. The judgment creditor conducts discovery limited to the net-worth issue under TRAP 24.2(c)(2). At the hearing, the trial court rules on what the net worth is, recalculates the bond amount at 50% of that figure or $25 million (whichever is less), and orders the bond posted at the recalculated amount within a set period. Either side can seek review by motion in the court of appeals.
How long does it take to issue a high-value supersedeas bond?
The surety process is fast — same-day once collateral is in hand and documents are clean. The slow steps are (1) the net-worth affidavit and any contest, (2) posting liquid collateral for the full bond amount, and (3) trial court approval of the bond form. Plan 2–4 weeks from judgment to filed bond for uncontested filings, longer for contested net-worth fights.
Get your Texas supersedeas bond today.
Cap-ceiling capacity, net-worth contest experience, and coordinated issuance with your appellate counsel.