Texas Small Claims Court: How to File and Win (2026 Guide)

Texas Small Claims Court at a Glance

In Texas, small claims cases are heard in Justice Court (also called "JP Court" or "Justice of the Peace Court"), governed by Rules 500–507 of the Texas Rules of Civil Procedure. The maximum you can sue for is $20,000 — the highest limit of any state in the country, tied with Tennessee. Filing fees run $46–$100 depending on the county, plus $80–$155 for service of process by a constable or sheriff. Most cases are resolved in 60–90 days, and you do not need a lawyer.

This guide walks you through every step: checking if you qualify, filing your petition, serving the defendant, presenting your case at trial, and collecting your judgment. Written for Texans by someone who has read every line of Chapter 27 of the Texas Government Code and Rules 500–507.

Last updated: April 18, 2026 | By Ziv Shay

Legal disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for advice about your specific situation.

Texas Small Claims Limits and Key Numbers (2026)

• Maximum claim amount: $20,000 (exclusive of statutory interest and court costs)
• Filing fee: $46 in most counties; Harris County $54, Dallas County $54, Travis County $49, Bexar County $46
• Service of process fee: $80 by constable (varies by county, up to $155 in some metros)
• Jury fee (optional): $22 if you want a six-person jury
• Statute of limitations: 4 years for written contracts and debt; 2 years for personal injury and property damage; 4 years for fraud
• Appeal deadline: 21 days after judgment, with de novo trial in County Court at Law
• Attorneys: Permitted but not required; most parties represent themselves (pro se)

Texas has 254 counties, and each county has between 1 and 16 Justice of the Peace precincts. You'll file in the precinct where the defendant lives, where the contract was signed, or where the damage occurred. See our general filing guide if you're unsure which venue rules apply.

Do You Qualify to Sue in Texas Justice Court?

Texas Justice Court handles a specific slice of civil disputes. You qualify if:

1. Your claim is $20,000 or less (not counting interest and court costs). If you're owed $25,000, you can still file in Justice Court — but you must waive the extra $5,000 permanently.
2. You are suing for money damages — unpaid debts, breach of contract, property damage, security deposit disputes, unpaid wages, faulty repairs, consumer complaints, or minor personal injury.
3. You are not seeking injunctive relief (ordering someone to do or stop doing something). Justice Courts cannot issue injunctions, grant divorces, handle child custody, or decide title to real estate.
4. The defendant can be legally served in Texas. You generally need a Texas address for the defendant or their registered agent.

Common case types that qualify: landlord withholding a security deposit; a contractor who took $4,500 and never finished the bathroom remodel; a used-car buyer who discovered undisclosed frame damage; a customer who paid for a service that was never delivered; a former roommate who owes back rent.

Cases that do NOT qualify: evictions (file in the same Justice Court but under separate eviction rules); defamation (possible but complex); any claim over $20,000 that you don't want to reduce; family law matters; title disputes.

Step 1: Send a Demand Letter First

Texas does not legally require a demand letter before filing, but sending one accomplishes three things: it often resolves the dispute without court, it establishes a paper trail the judge will appreciate, and it's a prerequisite for certain Texas statutes that award attorney's fees or treble damages (notably the Texas Deceptive Trade Practices Act (DTPA), which requires a 60-day notice letter before filing).

Your demand letter should: (1) state the facts in plain language, (2) specify the dollar amount owed, (3) give a deadline of 10–14 days to pay, and (4) state that you will file suit in Justice Court if not paid. Send it via USPS Certified Mail with return receipt ($4.60 + postage) and keep the green card as proof of delivery.

If the claim involves consumer goods or services and exceeds $1,000, strongly consider sending the letter as a DTPA notice — it opens the door to treble damages (3x actual damages) and attorney's fees if you win.

Step 2: File Your Petition

The form you need is the Statement of Claim (also called a "Small Claims Petition"). Most counties provide a fillable PDF on their Justice Court website. You'll include:

• Your full name, address, and phone number (the Plaintiff)
• The defendant's full name and address — for a business, use its exact legal name and registered agent (look it up free on the Texas Secretary of State's SOSDirect portal)
• The dollar amount claimed (up to $20,000)
• A brief factual description of what happened and why the defendant owes you money
• Your signature (notarization is NOT required in Texas Justice Court)

You file in person at the Justice Court clerk's office, by mail, or electronically through eFileTexas.gov in participating counties (Harris, Dallas, Travis, Bexar, Tarrant, Collin, and most metros). E-filing adds a ~$2 processing fee but is instantly date-stamped.

Venue rule: You must file in the Justice Court precinct where (a) the defendant resides, (b) the defendant's principal office is located, (c) the contract was to be performed, or (d) the wrongful act occurred. Filing in the wrong precinct gives the defendant an easy motion to transfer.

Step 3: Serve the Defendant

You cannot serve the defendant yourself. Texas allows three service methods:

1. Constable or sheriff service: $80–$155, the default choice. The clerk forwards your petition to the constable for the precinct where the defendant lives.
2. Certified mail by the clerk: ~$80. Reliable for defendants who will sign for mail.
3. Private process server: $75–$125, useful for hard-to-find defendants. The server must be certified under Texas Supreme Court rules.

The defendant has 14 days from the Monday following service to file a written answer. If they fail to answer, you can request a default judgment — often granted in 20–30 days.

Step 4: Prepare Your Evidence

Justice Court is informal — the rules of evidence are relaxed under Rule 500.3(e) — but the judge still needs proof. Bring three copies of every document: one for you, one for the defendant, one for the judge. Organize them in a binder with tabs.

Strong evidence includes: signed contracts, text messages and emails (printed with timestamps), invoices, receipts, bank statements showing payments, photographs with metadata, repair estimates from two sources, and your certified-mail demand letter with the signed green card. Line up any witnesses — they must appear in person or the judge can issue a subpoena ($30 fee).

For tips on organizing testimony and avoiding common mistakes, see our complete filing guide.

Step 5: Attend the Hearing

Most Texas Justice Court hearings are scheduled 30–60 days after service. Dress business casual. Arrive 15 minutes early to check in. When your case is called:

1. The judge will ask the plaintiff (you) to explain the case first — keep it under 5 minutes.
2. Present your evidence in chronological order. Hand the clerk your exhibits.
3. The defendant then presents their side.
4. Each side may ask the other questions — keep them factual and unemotional.
5. The judge either rules from the bench or mails the judgment within 7–10 days.

Texas judges reward preparation, calm demeanor, and specific dollar math. They dislike personal attacks, speculation, and missing documents.

Step 6: Collect Your Judgment

Winning is only half the battle — Texas does not collect the money for you. A judgment gives you the legal right to pursue the defendant's assets. Texas collection tools include:

• Writ of execution: Sheriff seizes non-exempt property (rarely practical for most cases).
• Abstract of judgment: $5 to record in the county clerk's office; creates a 10-year lien on any real estate the defendant owns in that county.
• Post-judgment discovery: Send written questions (interrogatories) forcing the debtor to disclose bank accounts, employer, and assets under oath.
• Bank garnishment: Freeze the debtor's bank account via a separate turnover proceeding.

Important Texas rule: Wages CANNOT be garnished for ordinary consumer debts. Texas is one of only four states (with North Carolina, Pennsylvania, and South Carolina) that bans wage garnishment except for child support, taxes, and federal student loans. This makes collection harder than in most states.

Texas judgments earn 5% statutory post-judgment interest (or the contract rate, whichever is higher) and remain valid for 10 years, renewable for another 10. For strategies when the defendant refuses to pay, see our judgment collection guide.

Appeals: 21 Days to Act

Either side can appeal a Justice Court judgment within 21 days by filing an appeal bond (usually 2x the judgment amount) with the Justice Court clerk. The case moves to the County Court at Law for a completely fresh trial — de novo — meaning the new judge ignores what happened below. Appeals add 4–8 months and often trigger the other side to hire an attorney, so weigh this carefully before filing or responding to one.

Common Mistakes That Cost Texans Their Cases

• Suing the wrong entity. "Joe's Plumbing" may actually be "Joe Martinez LLC." Look up the legal name on SOSDirect before filing.
• Missing the statute of limitations. Texas's 2-year personal injury deadline catches many plaintiffs.
• Filing in the wrong precinct. Venue errors trigger transfers or dismissals.
• Forgetting the DTPA notice. For consumer disputes, a 60-day notice letter can unlock triple damages.
• Bringing no printed evidence. Judges can't review screenshots on your phone.

Frequently Asked Questions