Small Claims Court Texas How To File

Who Can Apply for a Small Claims Case in Texas

Any individual or legal entity that has suffered a monetary loss of $20,000 or less (excluding interest and court costs) can file a small claims case in a Texas Justice Court. This includes individuals, tenants, consumers, small business owners, contractors, landlords, and sole proprietors seeking to recover unpaid amounts for services, goods, damages, or deposits. Corporations and limited liability companies (LLCs) can also file, provided the claim is within the jurisdictional limit and pertains to money owed rather than injunctive or equitable relief.

Common eligible scenarios include unpaid rent, returned checks, vehicle repair disputes, breach of a simple written or oral contract, property damage, or the failure to return a deposit. You do not need to hire an attorney to file or appear in Justice Court—Texas law explicitly allows self-representation (pro se appearance). However, entities such as LLCs and corporations are allowed to be represented by an employee, owner, or authorized agent, not necessarily a licensed attorney.

The defendant must be someone who resides in or conducts business in the precinct where the claim is filed, or where the transaction giving rise to the dispute occurred. The court must have both jurisdiction and proper venue. If the defendant is located out of state, service of process can still be arranged under Texas long-arm statutes, though that adds time and cost.

Applicants may also include:

• Tenants seeking return of security deposits or reimbursement for unfulfilled repair obligations.
• Landlords recovering unpaid rent or damages to property under lease agreements.
• Consumers disputing defective goods, incomplete services, or refund refusals.
• Small businesses pursuing unpaid invoices or contractual debts from customers or vendors.
• Individuals claiming compensation for minor vehicle damage or personal property loss caused by another person’s negligence.

Petitioners must be at least 18 years old or have a guardian or representative file on their behalf. A person under guardianship can have a guardian ad litem represent them. The plaintiff must have a valid mailing address for court correspondence and be able to appear at hearings. There are no residency restrictions for the plaintiff as long as the venue is proper.

In summary, anyone owed money—individuals, small business owners, landlords, or tenants—can apply in small claims court as long as:

• The total claim is within the $20,000 limit.
• The relief sought is purely monetary.
• The case is filed in the proper Justice Court precinct.

The simplicity of the process and lack of strict procedural formality make Texas small claims courts particularly accessible to everyday people who need a practical way to enforce their rights without incurring large legal fees.

Benefits of Filing in Texas Small Claims Court

Filing in a Texas small claims court offers multiple advantages centered on speed, affordability, and accessibility. Designed for ordinary citizens and small businesses, the process bypasses the complexity and cost of higher courts while still providing enforceable judgments. Below are the primary benefits:

• Low Filing Costs: Filing fees are generally modest—often around $50–$70 depending on county—making it an economical choice for those seeking to recover relatively small amounts. Additional constable or sheriff service fees are separate but reasonable.
• No Attorney Required: Plaintiffs can file and present their case without a lawyer, reducing expenses and leveling the field for individuals unfamiliar with formal legal proceedings. The judges in Justice Court are accustomed to pro se litigants and often guide the hearing in plain language.
• Faster Resolution: Small claims cases usually reach a hearing within a few weeks to a few months after filing, far quicker than civil or district court timelines. This provides prompt closure and recovery of damages.
• Simplified Procedure: Rules of evidence and civil procedure are relaxed under the Texas Rules of Civil Procedure Part V (Rules 500–507). The emphasis is on fairness and clarity rather than technical precision, so even handwritten or typed petitions are accepted.
• Accessible for Non-Lawyers: All necessary forms—petition, service request, and statement of inability to afford court costs—are available online or at the Justice Court clerk’s office. Most courts provide clerks trained to assist with procedural questions (without offering legal advice).
• Enforceable Judgments: A judgment from the Justice Court is legally binding and collectible. Once you win, you can pursue post-judgment remedies such as writs of execution, garnishment, or abstract of judgment filings.
• Local and Convenient: Justice Courts are spread across precincts in each county, meaning you rarely need to travel far for filings or hearings. This decentralization makes access to justice more immediate and community-oriented.
• Fairness and Informality: Hearings are usually held in small courtrooms, with the Justice of the Peace hearing testimony directly. There is no jury unless specifically requested. The atmosphere is conversational rather than adversarial, encouraging open presentation of facts.
• Online Filing Options: The statewide eFileTexas platform enables convenient, paperless filing from any location. Many counties also accept electronic payments for filing fees.
• Opportunity for Settlement: Judges often encourage parties to reach settlement before trial. Even after judgment, payment arrangements or mediated resolutions can be approved, ensuring flexible and practical outcomes.

Overall, Texas small claims courts embody the principle of accessible justice. They allow ordinary people to assert their rights effectively, recover losses quickly, and move forward without being burdened by high legal costs or procedural intimidation. For many Texans, this court is the most efficient bridge between being wronged and being made whole.

Step 4 — Arrange Proper Service of Process

Once your petition is accepted, the next essential milestone is service of process. Texas law requires that every defendant receive official notice of the lawsuit along with a copy of the petition and citation issued by the Justice Court clerk. Proper service is not optional—failure to complete it correctly can lead to dismissal or prevent the court from entering a valid judgment. When filing, request the clerk to prepare the citation immediately; it contains the case number, court information, and instructions for the defendant to answer within a set period (usually 14 days after service).

In Texas small claims, service is typically carried out by the constable or sheriff in the county where the defendant resides. You can also use a certified private process server authorized under Texas Civil Practice & Remedies Code §17.026. The court may approve alternative service methods (like posting or publication) only after proof that traditional service attempts failed, supported by a sworn motion and affidavit. For efficiency, coordinate closely with the constable’s office—provide clear addresses, landmarks, and even work schedules if known. Many clerks allow you to prepay service fees along with filing, ensuring immediate dispatch.

Always verify that the person being served is legally appropriate: for individuals, personal delivery; for corporations or LLCs, serve the registered agent on record with the Texas Secretary of State. Improper service (e.g., serving a receptionist not authorized to accept) can invalidate the process entirely. After successful delivery, the constable or process server files a Return of Service detailing the date, method, and recipient. This document must be on record before a default judgment can be entered.

Pro tip: track service actively. Call the constable’s office after a week to confirm progress. If service attempts fail due to a wrong address, amend promptly and file a new request. Having backup addresses from the start prevents delay. Also, remember that the clock for defendant’s response starts after service, not after filing. Only once service is perfected does the case proceed to the next procedural stage—setting an answer deadline and possible hearing.

Step 5 — Monitor Defendant’s Answer and Possible Default

After service, the defendant has 14 days to file a written answer with the Justice Court. The answer can be a short statement denying liability, asserting a counterclaim, or requesting time to respond. Many self-represented defendants simply write, “I deny the claim,” which is sufficient to avoid default. As the plaintiff, you should track this deadline precisely. If no answer is filed, you can request a default judgment by submitting a motion or appearing before the judge to prove damages.

Courts typically schedule a default hearing to verify service and damages, even when uncontested. Bring copies of contracts, receipts, invoices, and communications that substantiate your claim. For liquidated claims—where the amount is fixed by written agreement—the judge can render judgment without a hearing. Otherwise, expect to testify briefly about the nature of the debt and how you calculated damages.

If the defendant answers, the court will set a trial date or a pretrial conference. Stay organized by checking your mail or eFileTexas notifications regularly; missing a notice can result in dismissal for want of prosecution. If the defendant files a counterclaim, read it carefully—sometimes a minor claim can be resolved through settlement before hearing. In contested cases, the goal shifts from filing accuracy to hearing preparation, including gathering witnesses and exhibits.

Remember that Texas Justice Courts emphasize substance over technicalities. The judge’s main question is fairness: did you provide goods or services, and did the defendant fail to pay? Keep communication courteous and documented. Even at this stage, settlement is common—many Justices of the Peace encourage parties to resolve disputes informally before the trial date.

Step 6 — Prepare Evidence and Witnesses for Hearing

Preparing for your hearing is the most impactful part of your case. The Justice Court setting is informal, but the evidence standard is still “preponderance of the evidence”—meaning your story must be more believable than the defendant’s. Organize all documents that support your version: contracts, signed estimates, text messages, invoices, bank statements, photos, or expert estimates. Each should be labeled, numbered, and referenced in your notes. Courts appreciate clear, chronological storytelling; chaos in presentation weakens even strong claims.

Witnesses can strengthen your position. Bring anyone who observed the transaction, inspected damage, or handled the payment. Ensure they can testify firsthand—hearsay is generally disfavored even in small claims. If a witness cannot attend, you may use sworn affidavits, but live testimony is preferred. Always bring three copies of every document: one for you, one for the judge, and one for the opposing party. When submitting digital evidence such as text messages or photographs, print them clearly, highlight relevant portions, and have backups on a USB or device if requested.

Anticipate defenses. If the defendant might argue poor workmanship, prepare receipts or expert notes confirming quality. If they claim partial payment, bring bank records showing otherwise. For service-based disputes, outline each step of work performed and correspondence confirming completion. A concise timeline chart often persuades more than emotional argument. Remember, your goal is clarity and credibility—not theatrics.

Dress neatly, be punctual, and bring identification. Practice your summary: “Judge, I performed [describe service], defendant agreed to pay $____, and despite notice, payment was not made.” Simplicity wins. Judges reward organized litigants who respect time and focus on facts.

Step 7 — Attend the Hearing and Present Your Case

The hearing is straightforward but decisive. The Justice of the Peace will typically begin by confirming both parties’ presence, swearing everyone in, and explaining the informal procedure. You will present your side first if you are the plaintiff. Begin with a concise narrative: what the agreement was, how it was breached, and what evidence supports your claim. Hand documents to the bailiff or clerk when asked, and keep your remarks directed to the judge, not the opposing party. Avoid interruptions even if the other side misstates facts; take notes and wait for your turn to clarify.

Judges appreciate litigants who distinguish between facts and opinions. Say, “The work order signed on May 12 shows $1,800 due,” instead of “They clearly tried to cheat me.” Use dates, figures, and exhibits. If you have witnesses, call them sequentially, and limit each to firsthand knowledge. Do not bring new evidence not previously disclosed unless the court allows; surprise rarely helps in Justice Court.

Expect the judge to ask clarifying questions about your evidence and timeline. Answer directly and honestly; credibility is the most valuable currency in small claims. When the defendant presents their case, listen respectfully and be ready with concise rebuttal points, referring back to your documents. If either side requests mediation or settlement during the hearing, judges often pause proceedings to explore resolution—accept if the offer is reasonable and enforceable.

Most hearings last 15–45 minutes. The judge may rule immediately or “take the case under advisement,” issuing judgment later by mail. The judgment will specify who owes whom, how much, and what post-judgment interest applies. Keep your copy carefully—it is the foundation for enforcement in the next step.

Step 8 — Receive, Review, and Enforce the Judgment

After the hearing, the court will issue a written judgment. Review it carefully—confirm the amount awarded, any offsets, and whether court costs are included. If you win, the defendant typically has 21 days to pay voluntarily or appeal. The judgment becomes final after that window. Keep a certified copy; it is essential for enforcement actions.

If payment is not received, you can pursue several remedies. File for a Writ of Execution through the clerk, allowing the constable to seize non-exempt property to satisfy the judgment. You may also request a Writ of Garnishment targeting the defendant’s bank account once the judgment is final. To secure a longer-term lien, record an Abstract of Judgment with the county clerk—this attaches to any real property the defendant owns in that county for ten years.

Remember, enforcement incurs additional fees, but those can often be added to the amount collected. Always communicate with the defendant first; voluntary payment avoids delay. If the defendant appeals, the case moves to County Court, where the procedural rules become stricter and attorney representation is common. You’ll receive notice of appeal filings and may choose to continue pro se or seek counsel depending on the complexity.

Once the judgment is paid, file a Release of Judgment with the clerk to formally close the record. Maintain proof of payment or satisfaction for your records. Even if the collection process takes time, small claims judgments remain valid for ten years and can be renewed—making persistence worthwhile.