Texas Small Claims Court: $20,000 Limit, Filing Fees & Steps (2026)

Texas Small Claims Court: The Essentials

Texas justice courts hear small claims cases up to $20,000 — one of the highest limits in the country. You file in the Justice of the Peace (JP) court for the precinct where the defendant lives or where the dispute happened, pay a filing fee of roughly $54 plus service costs, and you do not need a lawyer. Most cases reach a hearing within 30 to 60 days of filing. This guide walks through the exact limit, every fee, the statute of limitations, and the step-by-step filing process for 2026.

By Ziv Shay · Last updated: May 31, 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in your state.

How Much Can You Sue For in Texas? The $20,000 Limit

Since 2020, Texas small claims are handled directly by the Justice of the Peace courts under the Texas Rules of Civil Procedure (Rules 500–510). The dollar limit is $20,000, excluding interest and court costs. That ceiling applies to the principal amount in dispute — attorney's fees, statutory interest, and filing costs you ask the court to award do not count against it.

Texas's $20,000 cap is notably generous. For comparison, California caps small claims at $12,500, New York at $10,000, and Florida at $8,000. If your claim exceeds $20,000, you have two choices: file in county or district court (where formal rules and usually a lawyer apply), or waive the excess — formally give up any amount over $20,000 — to keep the case in JP court. You cannot split one claim into multiple lawsuits to dodge the cap; courts will dismiss "claim splitting."

See how Texas stacks up against every other state on our small claims limits by state page.

Texas Small Claims Filing Fees (2026)

Fees vary slightly by county because each JP court sets its own service charges, but the statewide structure is consistent. Expect the following typical costs:

• Filing fee: $54 (this is the most common JP court filing fee; some precincts charge $46–$66)
• Service by constable or sheriff: $80 per defendant (in person)
• Service by certified mail: $5–$10 (handled by the court clerk)
• Citation issuance: $8 (sometimes bundled into the filing fee)
• Counterclaim filing (for defendants): $54
• Appeal bond / appeal fee: $54 plus a bond set by the judge

A straightforward single-defendant case served by constable usually runs $130–$145 all-in. If you win, you can ask the court to order the losing party to reimburse your court costs, so keep every receipt.

Can't afford the fee? Texas lets you file a Statement of Inability to Afford Payment of Court Costs (the form replaces the old "pauper's affidavit"). If approved, the court waives filing and service fees. You qualify automatically if you receive public benefits like SNAP, Medicaid, or SSI, or if your income is below 125% of the federal poverty line.

Statute of Limitations: Don't Wait Too Long

Texas sets strict deadlines for filing. Sue after the deadline passes and the defendant can have your case thrown out, no matter how strong your evidence is. Key limits:

• Written contracts: 4 years (Texas Civil Practice & Remedies Code §16.004)
• Oral contracts: 4 years
• Debt collection: 4 years from the last payment or charge
• Property damage: 2 years (§16.003)
• Personal injury: 2 years
• Fraud: 4 years
• Bad checks: 4 years

The clock generally starts on the date the harm occurred or the contract was breached — for example, the day a tenant moved out and the landlord withheld a deposit, or the day a contractor abandoned a job. When in doubt, file early.

Step-by-Step: How to File a Small Claims Case in Texas

Step 1 — Send a Demand Letter First

Before filing, send the other party a written demand letter stating what you're owed, why, and a deadline to pay (typically 10–14 days). Many disputes settle here. A demand letter also strengthens your case — it shows the judge you tried to resolve things and creates a paper trail. Send it by certified mail with return receipt and keep a copy.

Step 2 — Identify the Correct JP Court

You must file in the right precinct. The correct venue is usually the JP precinct where the defendant lives. Other valid options include where a contract was signed or performed, or where the property damage occurred. Each Texas county has multiple precincts (a county may have four or more JP courts), so use your county's website to look up the precinct map by the defendant's address.

Step 3 — Complete the Petition (Form)

You file a Small Claims Petition, sometimes called a "Statement of Claim." It asks for:

• Your name and address (the "plaintiff")
• The defendant's exact legal name and address — for a business, use its registered name from the Texas Secretary of State or a Comptroller "Taxable Entity Search"
• The amount you're claiming (up to $20,000)
• A short, plain description of what happened and why you're owed money

Getting the defendant's name right matters: a judgment against the wrong legal entity can be unenforceable. If you're suing an LLC, name the LLC — not the owner personally.

Step 4 — File and Pay (or Request a Waiver)

File in person at the JP clerk's office, by mail, or — in a growing number of counties — through the eFileTexas online portal. Pay the ~$54 filing fee or submit your Statement of Inability to Afford Payment. The clerk assigns a case number and issues a citation (the official notice for the defendant).

Step 5 — Serve the Defendant

The defendant must be formally served — you cannot just hand them the papers yourself. In Texas, service is done by a constable, sheriff, private process server, or certified mail through the clerk. The defendant then has 14 days (until the end of the Monday following 14 days after service) to file a written answer. If they ignore it, you can request a default judgment and win automatically. Read our full guide on how to serve court papers for the rules on re-serving when the first attempt fails.

Step 6 — Prepare and Attend the Hearing

Bring three copies of everything: contracts, the demand letter, receipts, photos, text messages, emails, and any witnesses. Texas JP hearings are informal — there's no jury unless one party requests it (and pays a $22 jury fee). The judge will let each side tell their story. Stick to facts, stay calm, and present documents in order. Most hearings last 15–30 minutes.

Step 7 — Collect Your Judgment

Winning is only half the battle — Texas courts do not collect money for you. If the defendant won't pay, your tools include an abstract of judgment (creates a lien on their real property), a writ of execution (lets a constable seize non-exempt assets), and bank account garnishment. Note that Texas heavily protects wages: ordinary wage garnishment is not allowed for most consumer debts, so bank levies and property liens are your main remedies. Judgments are valid for 10 years and renewable.

What If You Lose? Appeals in Texas

Either party can appeal a JP small claims judgment to the county court within 21 days of the judgment. The appeal triggers a trial de novo — a brand-new trial where the case is heard fresh, as if the JP court ruling never happened. You must post an appeal bond (set by the judge, often twice the judgment amount) or file a Statement of Inability. Because county court is more formal, many people consult a lawyer at this stage.

Common Texas Small Claims Examples

• Security deposit dispute: A tenant sues a former landlord for a wrongfully withheld $1,800 deposit. Texas law allows up to 3× the deposit plus $100 in damages if the landlord acted in bad faith — a potential $5,500 claim.
• Unpaid contractor work: A freelancer files for $7,500 in unpaid invoices under a written contract (4-year statute of limitations).
• Car accident damage: A driver sues for $4,200 in repair costs not covered by insurance (2-year property-damage limit).
• Bad check / unpaid loan: A small business owner recovers $2,000 from a customer's bounced check.

Frequently Asked Questions

This content is for informational purposes only and does not constitute legal advice. Laws and fees change — verify current details with your local Justice of the Peace court. Consult a licensed attorney in your state.