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United States · Texas eviction cases

When must an appellant pay the Texas county-court eviction appeal filing fee?

An appellant required to pay the county filing fee must pay within seven days after the county clerk notifies the appellant to do so. Failure has the paragraph (h) consequence that the appeal is not perfected and papers return to justice court. An appellant perfecting with an inability Statement need not pay this fee or file another Statement to waive appeal costs. This calculator assumes verified personal notification, an owed fee and no additional court closure.

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Period
Seven calendar days after the actual clerk payment notification for an owed fee
Trigger
Actual personal notification by the county clerk to pay the filing fee
Rule
Texas Rule 510.19(h), (c)(1), 510.20(b)
Texas Rules of Civil Procedure

Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions

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Which event starts this eviction procedure?

Actual personal notification by the county clerk to pay the filing fee

Obtain the county clerk’s actual notification to pay and verified personal delivery.

Distinguish notification from justice judgment signing, appeal filing and county record receipt.

Establish whether the fee is actually owed and preserve completed payment and receipt.

Texas Rule 510.19(h), (c)(1), 510.20(b)

How are days counted in an eviction case?

  1. Seven calendar days after the actual clerk payment notification for an owed fee
  2. Forward from actual personal notification, excluding that event day
  3. Identify actual court closure and the required act before applying a period.

Rule 510.4 excludes the event day and counts every intermediate day, including weekends and state or federal holidays. A final weekend or state or federal holiday moves to the next eligible day. If the last filing day falls when the court is closed for all or part of that day, filing moves to the court’s next business day. Check actual closure separately. Express business-day periods and backward minimum notice require their own assessment. The general Rule 4 short-period exclusion does not apply.

Rule 510.5(c) separately requires service of noncitation papers on all other parties and a signed written certificate stating manner and date. Email uses an address expressly provided by the receiving party; after 5:00 p.m. recipient local time it is deemed served the following day. This text does not state the ordinary Rule 501.4 written-consent requirement. Mail-only service adds three days to a document-response period, not automatically to every signing or filing period. Party-requested court proceedings ordinarily require all-party notice at least three days before the proceeding. Citation and petition service instead follows Rule 510.8.

Texas Rule 510.4–.5

How does the independent payment example work?

Fictitious example

Fictitious ordinary facts. The county clerk personally notified an appellant with an owed fee on August 25, 2027. No effective waiver, mail-only response addition, controlling order or full or partial final-day court closure applies.

Example counting steps
StepWhat is countedDate
Actual payment notificationCounty clerk personally notifies an appellant with an owed feeAugust 25, 2027
Seven-day payment periodExclude notification and count every intermediate calendar dayWednesday, September 1, 2027
Example resultWednesday, September 1, 2027

This calculator covers only the stated personally notified, owed-fee branch. Actual waiver, notification, court closure and completed payment require separate verification.

Try these dates in the calculator

What conditions must be checked?

Statement waiver
Paragraphs (c)(1) and (h) waive the county fee and additional county Statement for an appellant perfecting with an inability Statement. Paragraph 510.20(b) directs clerk notice to pay a fee or file a Statement when the appellant did not perfect with one. Check the actual effective Statement or cost order separately.
Actual fee payment
Paragraph (h) requires payment, not merely preparing a check, filing appeal notice or depositing registry rent. If payment is not timely, the clerk returns all papers and justice court proceeds as though no appeal was attempted. Required registry rent is a separate payment.
Actual lawsuit edition
The amended order, Misc. Docket No. 25-9105, paragraphs 4 and 6, makes the amendments effective January 1, 2026 and applies rewritten Rule 510 only to eviction lawsuits filed on or after that date. Earlier lawsuits use the earlier rules even when a hearing, judgment or appeal occurs later. The order is titled preliminary approval but expressly establishes effectiveness. Check later amendments and the actual lawsuit filing date. The October 1 consolidation date is not this transition date.
Eviction has a standalone procedure
Rule 510 governs the eviction lawsuit under Property Code Chapter 24. It does not govern pre-lawsuit notices to pay rent or vacate or notices to vacate. Rule 510.1(b) excludes other Civil and Evidence Rules unless specifically provided by law or these rules and prohibits a justice court from modifying or suspending Rule 510. The ordinary Rules 500–507 fairness and extension provisions are not an independent eviction extension power.
Texas Rule 510.19(h), (c)(1), 510.20(b)
  • County-clerk fee notification is a distinct event from judgment signing, appeal perfection, record arrival and rent notice. Actual inability status can remove the fee obligation.
  • This calculator covers only the stated personally notified, owed-fee branch. Actual waiver, notification, court closure and completed payment require separate verification.

What must be filed, served and preserved?

Common questions about this eviction procedure

When must an appellant pay the Texas county-court eviction appeal filing fee?

Do seven days start when judgment is signed?

No. Paragraph (h) uses actual county-clerk notification to pay this fee.

Texas Rule 510.19(h)

Must a Statement appellant pay or file another Statement?

The stated appellant who perfects with an inability Statement need not pay the county filing fee or file an additional county Statement to waive appeal costs.

Texas Rule 510.19(c)(1), (h)

Does initial registry rent satisfy the county fee?

No. Registry rent under paragraph (d) and the county filing fee under (h) are separate obligations.

Texas Rule 510.19(d), (h)

Official sources and review

Provisions used (7)
Provisions used in this guide
ProvisionPurpose
Texas Rule 510.19(h), (c)(1), 510.20(b)The actual actor, event and required acts
Texas Rule 510.19(c)(1), (h), 510.20(b)Statement waiver
Texas Rule 510.19(h), (d)Actual fee payment
Texas Rule 510.4Every-day counting, final holidays and court closure
Texas Rule 510.5Written filing, permitted methods and separate effective service
Misc. Docket No. 25-9105, paragraphs 4 and 6Effective date and lawsuit-filing transition
Texas Government Code 662.003, 662.021Verified legal holidays in the independent examples
Read the official Texas Civil Rules

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