Texas Justice of the Peace courts handle small claims up to $20,000. File in county where dispute occurred or defendant lives. Texas has the highest small claims limit at $20,000. Cases are heard in Justice Courts across the state.
Who Can File in Texas Small Claims Court
Any person or business can file. No attorney required for claims under $20,000 in Justice Court.
Where to File Your Texas Case
File in the precinct where the defendant resides, where the contract was to be performed, or where the injury occurred.
How to File Small Claims in Texas - Step by Step
- Send a Demand Letter - Before filing, send a formal demand letter giving the defendant a clear deadline to respond. PettyLawsuit generates professional demand letters with Texas laws cited. $29 to start.
- File Your Claim - If the defendant doesn't respond, file your case at the correct Texas court. Filing fees are typically $54-$155.
- Serve the Defendant - Service by constable/sheriff (most reliable), certified mail with return receipt, or authorized private process server.
- Attend Your Hearing - Present your evidence and the judge makes a decision, often the same day. Hearing timelines vary by court.
- Collect Your Judgment - If you win, enforce the judgment through legal collection methods.
Common Small Claims Cases in Texas
- Security deposit disputes with landlords
- Unpaid wages or final paychecks
- Contractor and home repair disputes
- Vehicle accidents and property damage
- Consumer complaints against businesses
- Breach of contract claims
Texas Court Hearing Tips
- Texas courts are informal but professional dress is recommended
- Bring physical evidence and photos printed out
- Prepare a short summary of your case (1 page)
- Have receipts and documentation organized by date
- Bring any contracts or agreements
- If claiming lost wages, bring pay stubs
- Be prepared to explain your damages clearly
Judgment Collection Options in Texas
- Writ of execution for personal property
- Garnishment of bank accounts
- Wage garnishment (limited in Texas)
- Abstract of judgment for real property liens
- Turnover order for non-exempt assets
- Receivership for businesses
Appeals in Texas
Either party can appeal within 21 days. Appeal bond required (usually double the judgment). New trial in County Court.
Filing Costs & Fee Breakdown
Small claims filing fees in Texas are typically $54-$155. Confirm the current amount with the clerk before filing. If you win, the court may order the defendant to reimburse your filing costs. Many courts offer fee waivers for those who demonstrate financial hardship.
Statute of Limitations in Texas
Every type of claim has a filing deadline, and the deadline depends on the claim type. Filing after the deadline means your case can be dismissed regardless of its merits. Confirm the current Texas statute of limitations for your claim type before filing, and send a demand letter as soon as possible to preserve your rights.
Evidence Checklist for Texas Small Claims Court
- Signed contracts, leases, or written agreements
- Receipts, invoices, and proof of payment
- Photos or videos of damage or defective work
- Email and text message correspondence
- Witness statements or contact information
- Your demand letter and proof of delivery
- Timeline of events organized chronologically
Frequently Asked Questions
How do I file a small claims case in Texas?
Send a demand letter first. Then file your claim with the Justice Court in the precinct where the defendant lives or where the dispute happened, pay the $54-$155 filing fee, and have the constable, sheriff, or an authorized process server serve the defendant. PettyLawsuit prepares the demand letter and court paperwork for you.
Can I have a lawyer in Texas Justice Court?
Yes, but it's not required. Most people represent themselves successfully.
How long do I have to file?
Generally 2 years for debt and property damage, 4 years for contracts. Some cases have different limits.
What if the defendant is out of state?
You can sue if they have sufficient contacts with Texas or the incident occurred in Texas.
Can I get a payment plan?
The court can order installment payments if the defendant cannot pay the full judgment immediately.
Is Texas a community property state?
Yes, this may affect collection of judgments against married defendants.
Can I recover attorney fees?
Sometimes, if your contract provides for them or under certain Texas statutes.
How do I win in small claims court in Texas?
Preparation wins small claims cases. A demand letter often prompts payment before the hearing ever happens. Bring a written timeline, contracts, receipts, photos, and text or email records, plus copies for the judge and the other side. Arrive early, stick to facts and dates, and ask for a specific dollar amount you can document.
Is there a minimum amount for small claims court in Texas?
Texas Justice Courts hear civil claims up to $20,000, including small amounts. For tiny claims, weigh the $54-$155 filing fee against what you are owed. A demand letter often gets small debts paid without filing at all.