Rule 635.Stay of Execution in Justice Court
Last verified June 28, 2026
In one sentenceRule 635 lets a justice of the peace, within ten days after a justice-court judgment, grant a stay of execution for three months from the date of the judgment if the person against whom it is rendered meets the rule's conditions.
Full Text of Rule 635
At any time within ten days after the rendition of any judgment in a justice court, the justice may grant a stay of execution thereof for three months from the date of such judgment, if the person against whom such judgment was rendered shall, with one or more good and sufficient sureties, to be approved by the justice, appear before him and acknowledge themselves and each of them bound to the successful party in such judgment for the full amount thereof, with interest and costs, which acknowledgment shall be entered in writing on the docket, and signed by the persons binding themselves as sureties; provided, no such stay of execution shall be granted unless the party applying therefor shall first file an affidavit with the justice that he has not the money with which to pay such judgment, and that the enforcement of same by execution prior to three months would be a hardship upon him and would cause a sacrifice of his property which would not likely be caused should said execution be stayed. Such acknowledgment shall be entered by the justice on his docket and shall constitute a judgment against the defendant and such sureties, upon which execution shall issue in case the same is not paid on or before the expiration of such day.
End
Plain-English Summary
Rule 635 offers a short reprieve in justice court. Within ten days after a justice-court judgment, the justice may grant a stay of execution for three months from the date of the judgment, if the person against whom the judgment was rendered provides the security the rule requires.
Frequently Asked Questions
Can you delay a justice court execution in Texas?
Yes. Rule 635 lets the justice grant a three-month stay if requested within ten days of the judgment, on security.
What must the debtor swear to in the Rule 635 affidavit?
That he doesn't have the money to pay the judgment, and that enforcing it by execution before three months would work a hardship and force a sacrifice of his property.
What happens if the debt isn't paid by the end of a Rule 635 stay?
The acknowledgment entered on the justice's docket becomes a judgment against the debtor and the sureties, and execution issues.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 635), 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: stay of execution justice courtthree month stayaffidavit hardship staysureties justice court judgmentTRCP 635