How to File Small Claims in Texas: Complete 2026 Guide

To file small claims in Texas, go to your local Justice of the Peace (JP) court. Fill out a Petition form, pay the filing fee, and get the defendant served. Filing fees run $46 to $134 depending on your county. Texas JP courts handle disputes up to $20,000. Most cases get a hearing date within 30 to 90 days.

What Is Small Claims Court in Texas?

Here's something that trips people up: Texas doesn't call it "small claims court." The court is called the Justice of the Peace Court, or JP Court.

JP courts are local courts run by elected justices of the peace. Every Texas county has at least one. Bigger counties like Harris (Houston), Dallas, and Bexar (San Antonio) have multiple precincts. Each precinct has its own JP court.

These courts are built for regular people. You don't need a lawyer. The process is less formal than higher courts. The rules are simple enough that you can do this yourself.

JP courts handle money disputes and property damage cases. They can only award money. They can't force someone to do something. So if a contractor did bad work, a JP court won't make them redo it. But it can order them to pay you back.

Cases over $20,000 have to go to a county or district court. That process is more complex. You'll almost certainly need a lawyer for that.

Texas Small Claims Limit: How Much Can You Sue For?

The Texas small claims limit is $20,000. That's the most a JP court can award. The $20,000 cap includes any attorney's fees you're claiming.

Most disputes fall well under that. Unpaid loans, security deposits, bad contractors, car repairs gone wrong. The $20,000 limit gives you a lot of room.

If your claim is worth more than $20,000, you can still file in JP court. But you'd walk away from anything above the cap. Some people do this anyway to avoid the hassle of higher court. Others file in county court. It depends on how much extra money you'd be giving up.

There's no minimum amount to sue for in Texas. You could sue for $50 if you wanted. But with fees around $80 to $134, make sure the amount is worth it before you start.

How Much Does It Cost to File in Texas JP Court?

Filing fees in Texas vary by county. Texas counties each set their own fees. Here's what some major counties charge:

In most counties, you'll pay somewhere between $46 and $139. The base filing fee is usually $46 to $54. The service fee to have the constable deliver papers to the defendant adds another $65 to $85 on top of that.

Call your JP court before you file to confirm current fees. Some courts updated their schedules in 2025 and 2026.

If you have more than one defendant, expect to pay an extra service fee for each one. In Dallas County, that's an extra $80 per additional defendant.

What If You Can't Afford the Fees?

Texas lets you file a Statement of Inability to Afford Payment of Court Costs. You can get this form at any JP court or through the Texas Justice Court Training Center website. If the court approves it, you can file without paying upfront.

Ask the clerk for details. Fees may be waived fully or just deferred depending on your situation.

Which JP Court Do You File In?

You can't file at just any JP court. Texas law is specific about where you must file.

You must file in the county where one of these applies:

If the county has more than one JP precinct, file in the one that covers the defendant's address or where the dispute happened. Filing in the wrong precinct can get your case dismissed. You'd have to refile. Confirm before you go.

Not sure which precinct is yours? Call the county JP court office. The clerk can tell you. Most JP court websites also have precinct maps.

Suing a business? File in the county where that business is located, or where the dispute happened.

How to File Small Claims in Texas: Step by Step

Step 1: Try to Resolve It Before You File

Before spending time and money on court, send a formal demand. Courts like it when you tried to settle first. It shows you were reasonable. It puts the other person on notice that you're serious.

A written demand gives the other side one last chance to pay. A lot of the time, it works. PettyLawsuit has helped over 2,500 people in disputes like yours. Seven out of ten cases settled without court.

If you want to send a demand letter first, see our guide on how to write a demand letter that gets results. Or send one instantly through PettyLawsuit.

Step 2: Gather Your Evidence

Before you file, pull together everything that supports your case:

You won't submit this when you file. You'll need it at the hearing. Getting it organized now makes things easier later.

Step 3: Fill Out the Petition

The form you need is the Petition for Small Claims Case. Get it at:

On the petition, write:

Keep it simple and factual. A few sentences is enough. You'll tell the full story at the hearing.

Suing a business? Use its legal name. For an LLC or corporation, that's not always the same as the store name. Check the Texas Secretary of State's business search tool to confirm the correct legal name.

Step 4: File at the JP Court and Pay the Fee

Take your petition to the JP court clerk's office. Pay the fee. The clerk will:

Some JP courts now accept online filings through efiletexas.gov. Ask your court if that's an option.

For payment, cash, money orders, and cashier's checks are almost always accepted. Personal checks usually aren't. Some courts take debit or credit cards in person. Call ahead to check.

Step 5: Serve the Defendant

After you file, the court creates a citation. That citation, plus a copy of your petition, has to be delivered to the defendant. This is called service of process. The case can't move forward until it's done.

You cannot serve the defendant yourself. Texas law requires service by one of these:

Most people use the constable. The constable fee is included in what you paid at filing. The clerk sends the papers to the constable's office after you file.

Certified mail through the court clerk is cheaper. But it only works if the defendant signs for the letter. If they refuse or don't respond, you'll need to try another method.

Once the defendant is served, the constable or process server files a Return of Service with the court. That's the proof service happened. It must be on file before your hearing can go forward.

Step 6: Prepare for Your Hearing

You'll usually get a hearing date within 30 to 90 days of filing. Use that time well.

Organize your evidence. Print everything. Judges see a lot of cases. The people who win usually show up prepared with a clear story and documents to back it up.

Practice what you'll say. You'll have limited time to make your case. Stick to the facts. Explain what happened, what's owed, and why they owe it. Don't get emotional or go on tangents.

Have your witnesses plan to show up. If a witness won't come on their own, you can ask the court for a subpoena.

Want a jury trial instead of a judge deciding? Request it at least 14 days before your hearing and pay an extra jury fee.

Step 7: Attend the Hearing

Arrive early. Dress clean. Bring printed copies of your evidence. Bring three sets: one for the judge, one for the defendant, one for you.

The hearing is informal. You present your side. The defendant presents theirs. The judge may ask questions. It's more like a structured talk than a trial on TV.

The judge usually rules that same day. Some courts mail a decision shortly after.

If the defendant doesn't show up, and they were properly served, you'll most likely get a default judgment in your favor.

What to Bring to Your Texas Small Claims Hearing

Walk in with a folder ready to go. Here's what to bring:

Three copies of everything. One for the judge, one for the defendant, one for you. This shows you're organized. It also speeds things up.

What Happens After You Win? Collecting a Texas Judgment

Winning is great. But here's the honest truth about small claims court in Texas: the court gives you a judgment, but it doesn't collect the money for you.

If the defendant pays right away, you're done. If they don't, you'll need to use legal tools to collect.

Texas gives you a few options:

Texas judgments are valid for 10 years. You can renew them. So you're not rushed. But collection gets harder the longer you wait.

One thing to know: Texas has strong debtor protections. The defendant's home, certain vehicles, clothing, and household items can't be seized. So collection depends on what exposed assets they have. If you know they have a job or a bank account, garnishment is often the fastest path.

For a closer look at judgment collection, our guide on how to take someone to small claims court covers enforcement in detail.

Common Mistakes to Avoid in Texas Small Claims Court

Suing the Wrong Party

If you hire a contractor through their LLC and something goes wrong, who do you sue? The person, or the business? It matters. Suing the wrong one can get your case dismissed. Check the Texas Secretary of State's business search to confirm the legal name before you file.

Waiting Too Long to File

Texas has time limits for different claims. For most written contracts, you have 4 years. For oral contracts or property damage, it's typically 2 years. Wait too long and the court will throw your case out. Don't sit on this.

Filing in the Wrong Precinct

If you file in the wrong JP court precinct, your case can get dismissed. Confirm which precinct covers the defendant's address before you go.

Skipping Proper Service

Serving the defendant yourself, or missing the Return of Service filing, will stall your case. Make sure the court has the Return of Service on file before your hearing date.

Showing Up Without Evidence

A lot of people show up to hearings with no documents. The judge can only rule on what you prove. Bring the paper trail.

Before You File, Try This First

Court takes time. You'll need to take time off work. Gather documents. Wait weeks for a date. For a lot of disputes, a formal demand gets results faster and cheaper.

A demand letter shows the other side you're serious. It gives them a chance to pay before a judge gets involved. And it helps your case if you do end up in court, since it shows you tried to resolve it first.

PettyLawsuit sends Petty Notices the same day you start. If the first notice doesn't work, follow-up calls and a Final Notice keep the pressure on. Seven out of ten cases resolve before court is needed. See how it compares in our guide on how to file in small claims court across all states.

Dealing with a security deposit in Texas? Our guide on getting your deposit back covers the rules Texas landlords have to follow.

If you've already tried and the other side won't budge, court is the right move. But start with a notice. It's faster, cheaper, and it works more often than people expect.

FAQ: Texas Small Claims Court

What is the max amount you can sue for in Texas small claims court?

The Texas small claims limit is $20,000 for individuals. That cap includes any attorney's fees. If your claim is over $20,000, you'll need to file in county or district court.

Where do I file a small claims case in Texas?

File at your local Justice of the Peace (JP) court. File in the county where the defendant lives, where the incident happened, or where the contract was done. If the county has multiple precincts, file in the one that covers the defendant's address or where the dispute occurred.

How much does it cost to file small claims in Texas?

Fees vary by county. Most Texas JP courts charge $46 to $139 total for filing and service. Harris County charges $80. Dallas County charges $134. Can't afford it? Ask for a Statement of Inability to Afford Payment of Court Costs at the clerk's office.

How long does small claims court take in Texas?

Most cases get a hearing 30 to 90 days after filing. If the judge rules from the bench, you get a decision that same day. After winning, collection can take more time if the defendant doesn't pay on their own.

Do I need a lawyer for Texas small claims court?

No. JP court is made for people to handle on their own. You can hire a lawyer if you want, but it's not required. Most people do it themselves. It's not worth paying a lawyer for smaller amounts.

Can I serve the defendant myself in Texas?

No. You can't serve the defendant yourself. Service must be done by a constable, sheriff, certified private process server, or the court clerk by certified mail. The constable fee is usually included in what you pay at filing.

What happens if I win my Texas small claims case?

You get a judgment. The court won't collect for you. If the defendant doesn't pay, you can use a Writ of Execution, Writ of Garnishment, or Abstract of Judgment to collect. Texas judgments are valid for 10 years.

What if the defendant doesn't show up to court?

If the defendant was served and doesn't show up, you'll likely get a default judgment in your favor. It's a real judgment you can use to collect, the same as if you'd won after a full hearing.

Ready to Get Paid Without Going to Court?

Most people who get screwed never do anything. They vent. They move on. They eat the loss.

You don't have to do that.

Before you take on the time and hassle of JP court, let a formal Petty Notice do the work first. It goes out the same day you start. It comes with certified mail tracking. It puts the other side on notice that you mean business. Seven in ten cases resolve without court.

And if they still won't pay? Court is right there. You'll be more prepared than most people who walk through that door.

Start your case at pettylawsuit.com and have a Petty Notice sent today.