Rule 510.23.Writ of Possession on Appeal

Last verified June 28, 2026

In one sentenceRule 510.23 provides that on an eviction appeal the writ of possession, execution, or both are issued by the clerk of the county court according to the county court's judgment.

Full Text of Rule 510.23

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The writ of possession, or execution, or both, will be issued by the clerk of the county court according to the judgment rendered, and the same will be executed by the sheriff or constable, as in other cases. The judgment of the county court may not be stayed unless within 10 days from the judgment the appellant files a supersedeas bond in an amount set by the county court pursuant to Rule 510.22.

End

Plain-English Summary

Rule 510.23 covers enforcement after appeal. The writ of possession, or execution, or both, are issued by the clerk of the county court according to that court's judgment — so the prevailing party enforces the appellate result through the county court.

Frequently Asked Questions

Who issues the writ of possession after an eviction appeal in Texas?

The clerk of the county court, according to the county court's judgment (Rule 510.23).

Who carries out the writ of possession after a county-court eviction judgment?

Rule 510.23 has the sheriff or constable execute the writ, the same as in other cases.

How much time does an appellant have to file a supersedeas bond to stay an eviction judgment?

Rule 510.23 gives the appellant 10 days from the county court's judgment to file the bond, in the amount the court set under Rule 510.22, or the judgment may be enforced.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.23), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: writ of possession on appealexecution eviction appealstay county court eviction judgmentten days supersedeas bondTRCP 510.23