Small Claims Court in Texas
Everything you need to know about filing a small claims case in Texas
Last updated: April 2026 | Reading time: ~5 minutes
⚠ Disclaimer: This page provides general legal information about small claims court in Texas. It is not legal advice and does not create an attorney-client relationship. Laws change frequently. For advice specific to your situation, consult a licensed attorney in Texas.
Where to File in Texas
File in the Justice of the Peace (JP) Court in the precinct where the defendant lives or where the obligation was to be performed.
The court that handles small claims in Texas is the Justice Court (Justice of the Peace Court). You generally file in the judicial district or county where the defendant resides, where the defendant does business, or where the events giving rise to the claim occurred. If you are unsure which court has jurisdiction, contact the court clerk's office for guidance.
Statute of Limitations in Texas
The statute of limitations is the deadline by which you must file your lawsuit. If you miss this deadline, your case will almost certainly be dismissed regardless of its merits. In Texas, the key deadlines are:
4 years (written and oral contracts), 2 years (personal injury, property damage)
These time limits begin running from the date the breach or injury occurred, or in some cases, from the date you discovered (or should have discovered) the harm. If you are close to any of these deadlines, file your case as soon as possible to preserve your rights.
Texas Small Claims Rules & Procedures
Texas has one of the highest small claims limits in the country at $20,000. Cases are heard in Justice Courts, presided over by a Justice of the Peace. Attorneys are allowed but not required, and the informal nature of the proceedings makes self-representation very common and effective.
To file, you complete a petition at the JP Court clerk's office in the correct precinct. Texas requires that the defendant be served with citation — this can be done by the constable, a private process server, or by certified mail (if the court allows). The defendant has 14 days to file a written answer after service.
Texas does not require a demand letter before filing, but sending one is strongly recommended. If the dispute involves a security deposit, Texas Property Code Section 92.109 requires the landlord to return the deposit within 30 days of move-out and provide an itemized list of deductions. Failure to comply can result in the tenant recovering three times the deposit amount, plus $100 in statutory damages and reasonable attorney fees.
Either party may appeal a small claims judgment to the County Court within 21 days of the judgment. The appeal results in a completely new trial (trial de novo). Texas also allows counterclaims up to $20,000.
Key Texas statutes: Texas Government Code Chapter 28 and Texas Rules of Civil Procedure Rules 500-510 govern Justice Court proceedings. The Texas Deceptive Trade Practices Act (DTPA, Business & Commerce Code Chapter 17) provides additional consumer protections.
How to File a Small Claims Case in Texas
Filing a small claims case in Texas follows these general steps:
- Send a demand letter — Before filing, send a written demand letter to the defendant requesting payment. This shows the court you attempted to resolve the matter. Keep a copy and proof of delivery.
- Gather your evidence — Collect all contracts, receipts, photos, correspondence, and other documents that support your claim. Organize them chronologically.
- Complete the filing forms — Visit your local Justice Court (Justice of the Peace Court) clerk's office or check their website for the required forms. Fill out the complaint form with the defendant's full legal name, address, the amount claimed, and a description of your case.
- Pay the filing fee — Filing fees in Texas range from $31 – $84. If you cannot afford the fee, ask the clerk about a fee waiver application.
- Serve the defendant — The defendant must receive official notice of the lawsuit. Follow Texas's specific service requirements carefully — improper service can delay or dismiss your case.
- Attend the hearing — Arrive early, dress appropriately, and bring three copies of all evidence (for the judge, the defendant, and yourself).
Preparing for Your Hearing in Texas
To maximize your chances of success:
- Practice explaining your case in 2-3 minutes — judges appreciate brevity and clarity
- Present evidence in a logical order, with a brief index or summary sheet
- Prepare to answer the judge's questions calmly and factually
- Anticipate the defendant's arguments and have responses ready
- If you have witnesses, confirm they will attend and brief them on what to expect
- Know the exact amount you are requesting and how you calculated it
- Be respectful to the judge, court staff, and the opposing party at all times
Ready to File Your Texas Small Claims Case?
GetSmallClaims prepares your complete filing package with Texas-specific documents, legal citations, and step-by-step filing instructions.
Start My Texas Case⚠ Disclaimer: This is general legal information, not legal advice. It does not create an attorney-client relationship. Laws vary by jurisdiction and change over time. Consult a licensed attorney in Texas for advice specific to your situation.