Texas Property Code - Section 24.0052. Tenant Appeal On Pauper's Affidavit
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§ 24.0052. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If a
tenant in a residential eviction suit is unable to pay the costs of
appeal or file an appeal bond as required by the Texas Rules of
Civil Procedure, the tenant may appeal the judgment of the justice
court by filing with the justice court, not later than the fifth day
after the date the judgment is signed, a pauper's affidavit sworn
before the clerk of the justice court or a notary public that states
that the tenant is unable to pay the costs of appeal or file an
appeal bond. The affidavit must contain the following information:
(1) the tenant's identity;
(2) the nature and amount of the tenant's employment
income;
(3) the income of the tenant's spouse, if applicable
and available to the tenant;
(4) the nature and amount of any governmental
entitlement income of the tenant;
(5) all other income of the tenant;
(6) the amount of available cash and funds available
in savings or checking accounts of the tenant;
(7) real and personal property owned by the tenant,
other than household furnishings, clothes, tools of a trade, or
personal effects;
(8) the tenant's debts and monthly expenses; and
(9) the number and age of the tenant's dependents and
where those dependents reside.
(b) The justice court shall make available an affidavit form
that a person may use to comply with the requirements of Subsection
(a).
(c) The justice court shall promptly notify the landlord if
a pauper's affidavit is filed by the tenant.
(d) A landlord may contest a pauper's affidavit on or before
the fifth day after the date the affidavit is filed. If the
landlord contests the affidavit, the justice court shall notify the
parties and hold a hearing to determine whether the tenant is unable
to pay the costs of appeal or file an appeal bond. The hearing shall
be held not later than the fifth day after the date the landlord
notifies the court clerk of the landlord's contest. At the hearing,
the tenant has the burden to prove by competent evidence, including
documents or credible testimony of the tenant or others, that the
tenant is unable to pay the costs of appeal or file an appeal bond.
(e) If the justice court approves the pauper's affidavit of
a tenant, the tenant is not required to pay the county court filing
fee or file an additional affidavit in the county court under
Subsection (a).
Added by Acts 2005, 79th Leg., ch. 1185, § 1, eff. Sept. 1, 2005.
Section: 23.006 24.001 24.002 24.003 24.004 24.005 24.0051 24.0052 24.0053 24.0054 24.006 24.0061 24.0062 24.007 24.008
Last modified: August 11, 2007
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