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 30 days 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 range from $30 to $200 depending on your claim amount.
- 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, usually the same day. Most cases are heard within 30-60 days of filing.
- 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 typically range from $30 to $200 depending on the claim amount. Cases under $1,500 usually have the lowest filing fees ($30-$75), while claims near the $20,000 limit may cost $100-$200 to file. If you win, the court may order the defendant to reimburse your filing costs. Fee waivers are available for those who demonstrate financial hardship.
Statute of Limitations in Texas
Every type of claim has a deadline for filing. In Texas, written contracts typically have a 4-6 year statute of limitations, oral contracts 2-4 years, property damage 2-3 years, and personal injury 2-3 years. Filing after the deadline means your case will be dismissed regardless of its merits. 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
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.