Texas Supersedeas Bond: The $25 Million Cap, Explained With Math
Many states size an appeal bond as a multiple of the judgment. Texas doesn't. Under Tex. Civ. Prac. & Rem. Code § 52.006(b), a money-judgment supersedeas bond can never exceed the lesser of 50% of your net worth or $25 million — no matter how large the judgment against you is. On an eight- or nine-figure judgment, that cap isn't a footnote. It's the difference between posting the full amount and posting a fraction of it.
CPRC § 52.006 Money-Judgment Bond, Worked Example
Tex. Civ. Prac. & Rem. Code § 52.006(a)-(b), enacted 2003 (Acts 2003, 78th Leg., ch. 204)
The cap only matters once the uncapped number is already large. A $400,000 judgment against a debtor with an $800,000 net worth never touches the cap — the bond is simply the § 52.006(a) formula amount ($400,000 plus appeal-period interest and costs), because that figure is smaller than both 50% of net worth ($400,000) and $25 million. The cap exists for judgments large enough, relative to the debtor's net worth, to run past one of those two ceilings.
- Who requires it: Texas courts, under Tex. Civ. Prac. & Rem. Code § 52.006.
- Amount: For a money judgment, compensatory damages plus appeal-period interest and costs, capped at the lesser of 50% of your net worth or $25 million.
- Typical cost (estimate): about 1% to 4% of the bond amount per year for bonds up to $5M, with a $500 minimum premium on the smallest. Larger bonds are underwritten individually. The surety sets the final price.
- Timing: Same-day submission; most quotes within one business day.
The cap isn't automatic — you have to file a net worth affidavit
Nothing in § 52.006 applies the cap for you. To get the benefit of the 50%-of-net-worth ceiling, the judgment debtor has to affirmatively put net worth into the record under TRAP 24.2(b).
Official Texas Requirements
"A judgment debtor who provides a bond, deposit, or security under this rule based on the debtor's net worth must simultaneously file an affidavit that states complete, detailed information concerning the debtor's assets and liabilities from which net worth can be ascertained. An affidavit that complies with this paragraph is prima facie evidence of the debtor's net worth."Texas Rules of Appellate Procedure • Tex. R. App. P. 24.2(b)
A detailed, complete affidavit is prima facie evidence of your net worth — meaning the number you file is presumed correct unless someone successfully challenges it. That's exactly what a judgment creditor can do next.
If the creditor contests it (Rule 24.2(c))
The contest doesn't even need to be sworn. Once filed, the creditor can take reasonable discovery into your finances — records, depositions, the assets and liabilities the affidavit claims.
At the hearing that follows
The debtor carries the burden of proving net worth. The trial court must then issue an order stating the net worth figure and the factual basis for it “with particularity” — a vague affidavit rarely survives this step.
How filing actually works under TRAP 24 — and why the clock starts immediately
Texas doesn't give appellants a federal-style automatic stay just for filing a notice of appeal. What you get instead is a narrow built-in runway plus a rule that rewards moving fast.
The 30-day runway
Under Tex. R. Civ. P. 627, the clerk can't issue a writ of execution until 30 days after the judgment is signed (or 30 days after an order overruling a motion for new trial). Other post-judgment remedies may follow different timing, so treat 30 days as a ceiling, not a safe harbor, and confirm with counsel.
What counts as security
A deposit in lieu of bond can be cash, a cashier's check payable to the trial court clerk, or (with leave of court) certain other negotiable obligations. Otherwise, you file a written supersedeas bond, payable to the creditor, signed by the debtor and backed by a sufficient surety (TRAP 24.1).
Effective on filing
File the bond, deposit, or other security with the trial court clerk. Once filed, enforcement of the judgment is suspended — you don't have to wait for a separate court order approving it before the stay takes effect.
Appellate review is capped too
Either side can ask the court of appeals to review the amount, the sureties, or the type of security (TRAP 24.4). But § 52.006(d) blocks the appellate court from pushing a money-judgment bond above the statutory ceiling, even on review.
Filing the bond doesn't freeze your assets from normal use. § 52.006(e) lets the trial court enjoin you from dissipating or transferring assets specifically to dodge the judgment, but it can't restrict how you use, transfer, or convey assets in the ordinary course of business while the appeal is pending.
Judgment already signed?
Every day without a filed bond is a day the 30-day runway keeps shrinking. Get your Texas supersedeas bond priced now.
Get Your QuoteMoney judgment, property judgment, or something else — TRAP 24.2 treats each differently
The § 52.006 cap only applies to money judgments. If your case involves an interest in property or a foreclosure, an entirely different rule — with no dollar ceiling at all — controls the security amount.
Texas Security Requirements by Judgment Type
Which rule governs, how the amount is set, and whether a cap applies
| Judgment Type | Governing Rule | Security Amount | Example |
|---|---|---|---|
| Money judgment | TRAP 24.2(a)(1); CPRC § 52.006(a)-(b) | Compensatory damages + appeal-period interest + costs — capped at the lesser of 50% of net worth or $25,000,000 | $10M judgment, $40M net worth → security = $10M (cap not triggered, since 50% of $40M is $20M) |
| Property judgment (real or personal) | TRAP 24.2(a)(2) | Real property: value of rent or revenue during the appeal. Personal property: value on the date judgment was rendered. No dollar cap. | Judgment orders you to surrender a leased warehouse → security is the estimated rent for the appeal period, not the building's sale value |
| Other judgment (injunction, TRO, foreclosure of a security interest) | TRAP 24.2(a)(3) | Trial court sets the amount and type needed to "adequately protect the judgment creditor against loss or damage the appeal might cause." No formula, no cap. | Judgment forecloses a lien → security is set at whatever the court finds will cover the creditor's loss if the foreclosure is stayed and the appeal fails |
Only the money-judgment track (row 1) is subject to the § 52.006(b) cap. Property and 'other' judgments have no statutory dollar ceiling — the trial court's discretion is the only limit.
Multiple co-defendants, one judgment? The Texas Supreme Court confirmed in In re Greystar Development & Construction, L.P., No. 24-0293 (Tex. May 22, 2026), that the $25 million ceiling in § 52.006(b) applies per judgment debtor, not per judgment. A single joint bond covering several jointly-and-severally liable defendants doesn't automatically stretch the $25 million cap to cover all of them — each debtor may need its own bond (or its own share of one), and the trial court has to give each entity a reasonable opportunity to post individually before treating a joint bond as insufficient.
What the bond actually costs, by size
Premium is the annual cost of the bond itself, separate from any collateral a surety requires to underwrite the risk. Both scale with bond size — and at the size where the § 52.006 cap starts to matter, so does the underwriting.
Texas Supersedeas Bond Premium & Collateral by Size
Illustrative ranges — actual premium depends on credit, collateral offered, and case specifics
Under $250K
1%–3% premium
$500 minimum premium applies
Cash or letter of credit rarely required with strong personal or business credit
$250K–$1M
1.5%–3.5% premium
Collateral increasingly expected
Letter of credit or partial cash collateral (roughly 10%–25% of bond) is common at this tier
$1M–$5M
2%–4% premium
Full collateral typical
Cash, LOC, or marketable securities equal to the bond penalty; fewer sureties compete at this size
$5M–$25M (cap range)
Negotiated case-by-case
Underwritten individually
- Full collateral almost always required
- A verified net worth affidavit at this size often determines whether you need the full amount or the § 52.006(b) cap applies
- Limited number of sureties write bonds this large — start the process as soon as judgment is signed
Premium ranges reflect typical Texas court-bond underwriting; $500 minimum premium applies. Sureties evaluate collateral case-by-case for bonds above $1M.
Cash-secured bonds can sometimes qualify for lower rates toward the bottom of these ranges; bonds secured with real estate typically price at the top. See the surety bond cost guide for how credit and collateral affect pricing generally, or run your own judgment amount through the appeal bond calculator.
Two different ways to ask for less — don't confuse them
Even below the statutory cap, Texas gives judgment debtors two separate paths to a smaller bond. They have different eligibility rules, and mixing them up in a motion wastes the one hearing you get.
CPRC § 52.006(c) — Economic Harm Reduction
Available to any judgment debtor, regardless of net worth.
On a showing that posting the full § 52.006(a)/(b) amount is likely to cause substantial economic harm, the trial court must lower the security to an amount that avoids that harm.
CPRC § 52.007 — Alternative Security
Only available if your net worth is under $10 million.
On a showing that the calculated bond would force you to substantially liquidate property necessary to your business, the court must let you post alternative security instead — while you keep managing and earning from that property in the normal course of business.
Neither motion is automatic, and neither replaces filing the net worth affidavit if the cap itself is also in play. A specialist who has actually briefed a § 52.007 motion can tell you within minutes which one — if either — fits your balance sheet.
Get Your Texas Supersedeas Bond Quote
Tell us the judgment type, amount, and county. We price it against the § 52.006 cap math above and get you a number fast.
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Court-accepted supersedeas forms in every Texas county
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Cap-math underwriting
We run the § 52.006 formula against your net worth before we quote, not after
Texas Supersedeas Bond FAQ
How much lower can Texas’ $25 million cap actually make my bond?
It depends entirely on your net worth, because the cap is the LESSER of 50% of net worth or $25 million — not a flat $25 million for everyone. A judgment debtor with a $30 million net worth facing a $40 million judgment gets capped at $15 million (50% of $30M), not $25 million. A debtor with a $200 million net worth facing that same $40 million judgment gets capped at $25 million (the flat ceiling, since 50% of $200M would be $100M). The cap only helps once your uncapped § 52.006(a) number — compensatory damages plus appeal-period interest plus costs — already exceeds whichever of the two figures is smaller.
Do I automatically get the net worth cap, or do I have to prove it?
You have to prove it. Under TRAP 24.2(b), the cap only takes effect once you file a net worth affidavit that states your net worth and gives "complete, detailed information concerning the debtor’s assets and liabilities from which net worth can be ascertained." A properly detailed affidavit is prima facie evidence of your net worth for setting the bond — but a vague or incomplete one gives the judgment creditor an easy target to contest, and you carry the burden of proving the number if it’s challenged.
What happens if the judgment creditor contests my net worth affidavit?
Under TRAP 24.2(c), the creditor can file a contest that doesn’t even need to be sworn, and can then take reasonable discovery into your finances — depositions, document requests, the works. At the resulting hearing, you (the judgment debtor) carry the burden of proving net worth, and the trial court has to issue an order stating your net worth and "with particularity the factual basis" for that number. Sloppy or padded affidavits get picked apart in exactly this step, which is why the initial filing matters more than most appellants expect.
Can a Texas court increase my bond above the statutory cap on appeal?
No. CPRC § 52.006(d) lets an appellate court review the trial court’s security determination — sufficiency, excessiveness, the sureties, the type of security — but explicitly bars it from raising a money-judgment bond above what § 52.006 allows. The ceiling travels with the case through every level of review.
Is there a way to post less than my calculated bond even without a large net worth?
Two different statutes cover this, and they’re easy to confuse. CPRC § 52.006(c) lets any judgment debtor — regardless of net worth — ask the trial court to lower the security amount on a showing of likely "substantial economic harm." Separately, CPRC § 52.007 applies only to debtors with a net worth under $10 million, and lets them post alternative security if the calculated bond would force them to substantially liquidate real or personal property needed for their ongoing business. They’re different tests with different eligibility rules — §52.007 has the net worth ceiling, §52.006(c) doesn’t.
Does the $25 million cap apply if I lost a property dispute instead of owing money?
No — CPRC § 52.006 and its cap apply only to money judgments. If the judgment orders you to turn over real or personal property, TRAP 24.2(a)(2) sets the security at the property’s rental/revenue value (real property) or its value on the judgment date (personal property), with no dollar ceiling. Judgments that foreclose a security interest or grant other non-money relief fall under TRAP 24.2(a)(3), where the trial court sets whatever amount and type of security it finds necessary to protect the judgment creditor — again, no statutory cap.
If three co-defendants share a $60 million judgment, is the cap $25 million total or $25 million each?
Each defendant gets its own $25 million ceiling. The Texas Supreme Court settled this in In re Greystar Development & Construction, L.P., No. 24-0293 (Tex. May 22, 2026): the § 52.006(b) cap applies per judgment debtor, not per judgment. Three jointly-and-severally liable co-defendants can’t rely on a single $25 million joint bond to suspend the judgment for all of them — each one may need to post its own bond, or its own designated share of a joint one. The Court did clarify that a trial court can’t invalidate an existing joint bond outright; it has to give each entity a reasonable window to post individually first. If your judgment names multiple defendants, this changes how much total security your group needs to budget for — get it wrong and part of the judgment stays enforceable against whichever entity didn’t post its own bond.
Related Texas and appeal bond resources
All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
General information, not legal, tax, or underwriting advice. Texas supersedeas bond amounts, caps, and procedures are set by statute (Tex. Civ. Prac. & Rem. Code §§ 52.006, 52.007) and by the Texas Rules of Appellate Procedure (Rule 24), and they can change. Confirm current requirements with the court handling your appeal and with Texas appellate counsel before relying on this page, then request a quote for your specific judgment and county.
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