Texas Small Claims Court Fees And Forms

Overview

The Texas Small Claims Court offers an accessible and affordable way to resolve monetary disputes under $20,000 without the need for an attorney. As part of the Justice Court system, it is designed to be approachable for individuals and small business owners seeking quick remedies for everyday civil conflicts — such as unpaid debts, damaged property, or unreturned security deposits. Filing in small claims court requires two essential elements: understanding the court fees involved and correctly preparing the necessary court forms. Both of these steps determine how smoothly your case proceeds from filing to judgment.

Fees and forms vary slightly by county but follow consistent state guidelines established under the Texas Government Code §27.031 and Texas Justice Court Training Center (TJCTC) standards. While the process is simplified compared with higher courts, each document must be accurately completed, filed in the correct precinct, and accompanied by the proper payment or a fee-waiver application. This guide explains every aspect—from calculating fees and selecting forms to filing procedures and post-judgment costs—so that you can confidently navigate the Texas small claims system.

Who Can Apply for Texas Small Claims Court

Texas small claims courts are open to nearly all individuals and small businesses who seek to recover money or property valued under $20,000. You do not need to be a Texas resident, as long as the dispute occurred within the state or the defendant resides or does business here. The process is particularly designed for self-represented litigants—everyday Texans who want a fair, affordable, and fast path to resolution without hiring an attorney.

Eligible applicants include:

• Individuals — such as tenants seeking security deposit refunds, consumers disputing poor workmanship, or neighbors demanding payment for property damage.
• Landlords and tenants — for unpaid rent, repair costs, or damage claims (excluding eviction cases, which follow separate procedures).

A few restrictions apply. Minors must be represented by a parent or guardian. Government agencies cannot typically be sued in small claims court because of sovereign immunity. Defendants must have a verifiable Texas address or have engaged in activities that created the dispute within the state. If the defendant lives outside Texas but conducted a transaction or caused harm here, jurisdiction still applies.

The process is intentionally simple. You fill out standard forms, pay or waive filing fees, and present your case directly to the Justice of the Peace. No lawyer is required, and clerks are available to explain procedural requirements (though they cannot offer legal advice). This open eligibility framework ensures that small claims courts remain a true people’s court—accessible, affordable, and practical for ordinary citizens and small enterprises.

Benefits of Texas Small Claims Court

Texas small claims court offers numerous advantages for those seeking quick, low-cost justice. The entire system is structured around simplicity, transparency, and fairness, allowing citizens to resolve disputes without navigating the complexity or expense of higher civil courts.

• Low Cost: Filing fees typically range between $30 and $75, and service fees between $75 and $100. If you cannot afford them, fee-waiver forms ensure you can still file your case.
• Self-Representation: You can represent yourself. This saves significant legal expenses and ensures access to justice regardless of income level.
• Standardized Forms: Texas uses plain-language forms available statewide through the Texas Justice Court Training Center and eFileTexas. This reduces errors and helps cases progress efficiently.
• Fast Resolution: Most cases are heard within 60–120 days of filing, with judgments often issued the same day as the hearing.

Beyond procedural ease, small claims courts encourage civic trust by giving citizens direct access to a fair and efficient justice mechanism. They strengthen local accountability—especially for tenants, landlords, and small business owners—by making legal remedies tangible and affordable. The courts’ efficiency not only protects economic fairness but also upholds the broader public goal of accessible justice for all Texans.

In short, the Texas small claims system embodies the principle that justice should never depend on wealth or legal sophistication. Its combination of low costs, streamlined paperwork, and clear judicial guidance makes it one of the most effective and citizen-focused court processes in the state.

Step 1: Understanding Small Claims Court Fees in Texas

Before filing a small claims case in Texas, it’s essential to understand all the potential costs associated with the process. The primary expense is the filing fee, which varies by county but typically ranges from $30 to $75. This fee pays for administrative processing and creation of the court record. Because each county sets its own specific schedule, check the Justice Court directory or your county clerk’s website for current amounts.

In addition to the filing fee, there are service-of-process fees, charged to deliver the defendant’s copy of the lawsuit. Depending on the county and method of delivery, this usually adds $75 to $100. The constable or sheriff’s office generally handles service, although you can use a licensed private process server for an additional fee if you prefer faster delivery or specialized service. The court cannot proceed until proper service is completed, so budgeting for this cost is critical.

If you cannot afford the filing or service fees, Texas law allows you to request a waiver by submitting a Statement of Inability to Afford Payment of Court Costs. This form (available statewide through the TJCTC and county clerks) requires basic financial details such as income, household size, and monthly expenses. The Justice of the Peace reviews it and, if approved, allows your case to proceed without payment. Filing under this provision does not affect your eligibility to recover costs later if you win.

Other optional costs include:

• Certified mail service: Around $10 to $15 when the clerk sends the citation by mail rather than a constable.
• Copies of filings: $1 per page for certified copies used for your records or enforcement.
• Post-judgment enforcement: Writs of execution or garnishment typically cost $125 to $175.
• Appeal bond or transcript fees: $25 to $50 if either party appeals to County Court.

When you win, the court may order the losing party to reimburse your filing and service fees as part of the final judgment. Therefore, keeping receipts and documentation of every payment made during the case is important. For online filings through eFileTexas.gov, you can pay fees by credit card, debit card, or eCheck, and the system automatically includes applicable convenience fees.

Ultimately, Texas small claims courts are intentionally low-cost to encourage public access. Even when accounting for service and enforcement, the total expense of pursuing a claim usually stays under $200, a fraction of what higher-court litigation would cost. Understanding these fees upfront helps you plan realistically and prevents unpleasant surprises once your case begins.

Step 2: Knowing What Forms Are Required

Texas small claims courts use standardized forms statewide to simplify filing for self-represented litigants. These forms are concise and use plain language, enabling anyone to complete them without legal assistance. The main document to initiate a case is the Petition: Small Claims Case, also known as the Statement of Claim. This form sets out the essential facts—who the parties are, what happened, how much money is sought, and why the plaintiff believes they are entitled to recovery.

You can obtain these forms from your county’s Justice Court, download them from the Texas Justice Court Training Center, or fill them out online using the eFileTexas portal. Each form is accompanied by plain-English instructions. While you can type or print neatly by hand, ensure legibility and complete every field—courts will reject incomplete submissions.

Along with the petition, you’ll need to submit:

• Civil Case Information Sheet — summarizes the type of claim (debt, property, etc.).
• Service Request Form — tells the clerk how the defendant should be served (constable, sheriff, or certified mail).
• Statement of Inability to Afford Payment (if applicable) — to request a fee waiver.
• Supporting Exhibits — copies of contracts, receipts, or photos that support your claim.

In some counties, additional local forms apply—such as sworn verification pages or mediation request forms. These differences are minor but can cause delays if overlooked. Always check with the county clerk’s office before filing. The clerk can confirm which forms are required and whether any must be notarized.

Digital filing via eFileTexas is the most efficient option, especially for plaintiffs living outside the county. After submission, you’ll receive an electronic confirmation and case number. You can later log in to upload additional evidence or monitor service status. If you file in person, bring two copies of every form: one for the court and one for your records. The clerk will stamp and return your copy with the official filing date.

Accuracy is paramount. Errors in names, addresses, or claim amounts may require amendment and re-service, adding weeks of delay. The petition must clearly identify the defendant’s correct legal name—individual or business—and the amount sought must match the supporting documentation. A well-prepared form not only speeds up processing but also signals credibility to the judge once the case reaches hearing.

Step 3: Determining Where and How to File

Texas law requires that small claims cases be filed in the correct Justice Court precinct—either where the defendant resides or where the dispute arose. This rule ensures fairness and convenience for both parties. Each Texas county is divided into several precincts, each served by a Justice of the Peace (JP). Filing in the wrong location can cause dismissal or transfer, costing you additional time and fees.

To determine the correct venue, start by identifying the defendant’s residence or principal place of business. Use county appraisal district databases or voter registration records to verify the address. If your dispute involves property damage or work performed at a specific site, you may file where that event occurred. For instance, if a contractor from Travis County performed defective work in Williamson County, the proper venue is Williamson County.

Once you’ve identified the correct precinct, you can file in one of two ways:

• In-person filing: Bring completed forms, copies, and fees to the Justice Court clerk’s office. The clerk will assign a cause number and issue a citation for service.
• Online filing: Use eFileTexas.gov to upload forms and pay fees electronically. This is available in every county and is recommended for efficiency.

When filing, you must submit your forms and payment simultaneously. The clerk will verify that your petition meets formal requirements and that the amount claimed is within the $20,000 jurisdictional limit. The clerk then prepares a citation—a legal notice to the defendant—delivered by a constable, sheriff, or process server. Once service is complete, the defendant has 14 days to respond.

Keep track of your filing date, case number, and assigned precinct. You can usually monitor your case status through the county’s online docket or the eFileTexas dashboard. Timeliness matters: once filed, ensure that service occurs within 90 days or you’ll need to reissue your citation. Proper filing and jurisdictional compliance are foundational to having your case heard quickly and efficiently.

Step 4: Paying the Filing Fees and Requesting Fee Waivers

Once your forms are complete and verified, the next step is paying the required filing fee—or formally requesting a waiver if you cannot afford it. Every Texas Justice Court charges filing fees for small claims cases, but the amounts differ slightly by county. Generally, the base filing fee ranges between $30 and $75, depending on the local schedule set by the Commissioners Court. This payment covers the administrative cost of opening your case, assigning a case number, and maintaining the docket record. You can pay in person at the clerk’s office via cash, money order, or card (where accepted), or online if filing through eFileTexas.gov.

If you cannot afford the fee, Texas law provides a straightforward remedy: the Statement of Inability to Afford Payment of Court Costs. This document allows you to request that the filing and service fees be waived entirely. You must list your income, assets, monthly expenses, and dependents. The Justice of the Peace will review the form—sometimes immediately, sometimes within a few days—and may grant the waiver without a hearing if your financial situation clearly qualifies. If denied, the court will issue an order requiring payment within a set time, often seven to ten days.

Fee waivers are vital for ensuring access to justice. Texas courts recognize that even small fees can be barriers for low-income individuals. Once approved, your waiver covers filing fees, citation fees, and other basic administrative costs. You still must pay any post-judgment enforcement costs later, such as writs of execution, but the initial case filing proceeds without charge. Keep a copy of the signed waiver order for your records—it serves as proof that you are exempt from paying at this stage.

If paying the standard fee, verify accepted methods before visiting the clerk. Some counties require payment by money order only; others accept debit and credit cards but add a small convenience fee (typically 2–3%). Online payments through eFileTexas include an automatic digital receipt, which you should print or download. Always keep documentation of payment for potential reimbursement if you win the case.

In short, Step 4 is about ensuring your filing is financially complete. Whether you pay or request a waiver, the case cannot proceed without this step. Being proactive—confirming local fees, preparing your waiver form early, and retaining receipts—keeps your filing on schedule and avoids unnecessary clerk rejections or case delays.

Step 5: Filing Your Forms and Serving the Defendant

After paying the fees or obtaining a waiver, your petition must be filed officially and the defendant properly served. Filing can occur in person at the Justice Court clerk’s office or electronically through eFileTexas.gov. In-person filing involves handing the clerk your completed documents and payment. The clerk reviews them for accuracy, stamps the official date, and assigns a cause number. Electronic filing is equally valid and provides an immediate digital confirmation. Regardless of the method, your petition must be clear, complete, and signed before submission.

Once filed, the clerk prepares a citation—the official notice that informs the defendant about the lawsuit, their right to respond, and the hearing timeline. You’ll need to specify on your service request form how you want this citation delivered. Common options include:

• Constable or sheriff service: The most common and reliable method, costing around $75–$100.
• Certified mail service by clerk: Usually around $10–$15; ideal when the defendant’s address is confirmed.
• Private process server: Recommended if the defendant frequently avoids official service or lives out of county.

The defendant must be served within 90 days of filing. Otherwise, your citation will expire, and you’ll need to request a reissue. Proof of service is crucial. The constable, sheriff, or process server will return an affidavit to the court confirming the date, time, and method of delivery. This “return of service” becomes part of your case record and is required before the judge can hear your claim.

If you struggle to locate the defendant, Texas rules allow for alternative service methods, but only with judicial approval. You must file a motion explaining your attempts and request substituted service (for example, leaving the citation with a household member or posting it at the property). Without proper service, your case cannot proceed—even if the defendant knows about it informally.

Serving the defendant correctly ensures the court’s jurisdiction and prevents challenges later. Many small claims cases fail due to improper service, not because the plaintiff lacks a valid claim. Always double-check addresses and confirm that the service return has been filed. Once service is confirmed, the court will typically set a hearing date, usually within 30 to 60 days.

Step 6: Completing Additional Local or County-Specific Forms

Beyond statewide petitions and case information sheets, several Texas counties require supplemental documents to ensure your case is processed efficiently. These local forms vary slightly but often include verifications, mediation notices, or venue declarations. For example, Harris County requires a Justice Court Civil Case Information Sheet with more detailed contact data. Travis and Dallas Counties include mandatory “Request for Setting” forms to confirm the type of trial desired—bench or jury.

In some counties, you must also complete a Verification of Address form, certifying under penalty of perjury that the defendant’s address is correct. This small step helps prevent wasted constable trips and unnecessary service fees. A few jurisdictions also require plaintiffs to sign a Sworn Statement of Claim before a notary or deputy clerk, particularly if the damages are based on unpaid work or verbal agreements. These formalities exist to strengthen your petition’s credibility and streamline hearings.

Another frequent requirement is a Request for Mediation acknowledgment. Many Texas counties, including Bexar and Tarrant, refer small claims to mediation first, helping parties reach settlement before trial. This notice doesn’t cost extra but ensures that both sides understand their obligation to participate if ordered by the judge.

Always review the specific Justice Court website or call the clerk before filing. Local procedures change periodically, and failure to include a required form can delay case acceptance. Fortunately, most clerks are accommodating and will point you to the correct documents if you ask. When filing electronically, upload local forms under “Additional Documents” to keep your eFile submission compliant.

Being thorough with local forms demonstrates diligence and professionalism. It signals to the judge that you respect court procedures and helps your case progress without administrative setbacks. While these forms may seem redundant, they exist to protect both parties and ensure your claim meets every procedural standard in Texas small claims practice.

Step 7: Tracking Your Case After Filing

After you file and serve your petition, monitoring your case status becomes essential. Every Texas Justice Court maintains an online docket system, allowing you to check updates using your case number. You can find links through your county’s official website or directly within your eFileTexas dashboard. These systems display when the defendant was served, if they filed a response, and whether a hearing date has been scheduled. Staying proactive ensures you never miss a filing deadline or hearing notice.

Once service is confirmed, most courts mail or email you the scheduled hearing date. If you have a conflict, contact the clerk immediately to request a continuance—this must be done before the hearing and must show good cause, such as illness or scheduling overlap. The judge may grant or deny it at their discretion.

If the defendant files an Answer within 14 days, the court proceeds to hearing. If no answer is filed, you may request a default judgment. However, you must still appear in court to present minimal evidence proving your claim amount. Texas courts emphasize fairness and will not issue default judgments without verification of service and proof of damages.

During this post-filing period, organize your evidence and correspondence. Label each exhibit clearly—contracts, receipts, photos, and communications—and prepare a short written timeline summarizing your dispute. The judge will appreciate concise organization, which helps hearings run efficiently. You can also contact the clerk’s office to confirm if mediation or pretrial settlement discussions are required before trial.

Remember that small claims cases move quickly. The average Texas Justice Court schedules hearings within 30 to 60 days of filing. Be attentive to mail, email, or phone calls from the court, as failure to appear can result in dismissal. By actively tracking your case, responding promptly to court notices, and keeping documents orderly, you maximize your chances of a successful resolution in small claims court.

Step 8: Preparing for the Hearing

After your case is filed and service is completed, the court will schedule a hearing date. This is the point where preparation and organization become critical. Unlike formal civil courts, Texas small claims hearings are informal but structured. Judges expect clear, factual storytelling supported by evidence. You must prove your claim by a “preponderance of the evidence,” meaning your side is more likely true than the defendant’s.

Start by gathering all supporting materials. Include written agreements, receipts, invoices, photos, texts, or emails that demonstrate the transaction and the loss you incurred. Make at least two copies of everything—one for the court and one for the defendant. Arrange your materials chronologically to create a logical story flow. The judge should be able to follow the progression easily from the initial transaction to the problem and the loss suffered.

Prepare a short verbal summary—usually two to three minutes—that captures your entire case. Start with what happened, when it happened, and how much you are claiming. Focus on facts, not emotion. For example, instead of saying “the contractor ignored me,” say “the contractor failed to complete the job after receiving $2,000 on May 10, 2024, as shown by this receipt.” Judges appreciate specific, documented statements.

If you have witnesses, confirm their attendance and request subpoenas if necessary. Witnesses can include anyone with firsthand knowledge—such as a neighbor who saw the damage or an employee who handled the transaction. Bring them physically to court; written statements are usually not accepted unless notarized and approved.

Dress professionally, arrive early, and check in with the clerk. Both parties will take turns speaking. Address the judge as “Your Honor” and remain calm, even if the defendant disputes your account. Once you present your side, the defendant may question you briefly, and vice versa. Keep your answers concise and polite.

The hearing typically lasts 15 to 30 minutes. Some judges rule immediately after hearing both sides; others issue written decisions within a few days. If the defendant does not appear but was properly served, you may request a default judgment. If you win, the court issues a signed judgment stating the amount owed and any additional costs awarded. This document becomes enforceable immediately after the appeal period expires. Proper preparation, composure, and clarity are your best tools for success in Texas small claims hearings.

Step 9: Understanding Post-Judgment Fees and Collection Tools

Winning your case is an important milestone, but enforcing the judgment is a separate process. The court does not automatically collect the money for you. If the defendant pays voluntarily, you can file a “Satisfaction of Judgment” notice with the clerk, closing your case. However, if payment is delayed or refused, Texas law provides several collection tools—but each involves modest post-judgment fees.

The most common enforcement mechanism is a Writ of Execution. This document authorizes the sheriff or constable to seize and sell the defendant’s non-exempt property to satisfy the judgment. The filing fee for a writ usually ranges from $125 to $175. You can request it after 30 days have passed since the judgment (the appeal period). Once executed, any recovered funds are delivered to you through the clerk’s office.

You may also use a Writ of Garnishment if you know the defendant’s bank or employer. This allows you to collect money directly from wages or accounts, subject to Texas exemptions. Garnishment filings require separate documentation and can cost $150 or more. Alternatively, recording your judgment with the county clerk creates a lien on real property, preventing the defendant from selling assets without satisfying the debt.

Each enforcement step generates incremental costs, but the court may add these to the total owed by the defendant. Always keep receipts for any fees paid. Post-judgment interest also accrues automatically, usually at a rate set annually by the Texas Office of Consumer Credit Commissioner, typically between 5% and 8%. This interest continues until the full judgment is paid.

If the defendant declares bankruptcy or remains unlocatable, your options become limited, but judgments in Texas remain valid for ten years and can be renewed before expiration. Keeping your documentation organized ensures you can pursue collection whenever assets become available. The court system provides guidance but not legal advice, so you must initiate these actions proactively. While enforcement adds extra effort, it transforms your judgment from a piece of paper into tangible recovery.

Step 10: Appeals, Recordkeeping, and Case Closure

After the judgment, either party may appeal. Under Rule 506 of the Texas Rules of Civil Procedure, a notice of appeal must be filed within 21 days after the judgment is signed. This moves the case to the County Court for a complete new trial, known as a “trial de novo.” To perfect an appeal, the appellant must file both a Notice of Appeal and an appeal bond or cash deposit covering potential costs—typically $100 to $250 depending on the county. Once filed, the Justice Court transfers the case record to the County Court clerk for scheduling.

If you win and the defendant does not appeal, the judgment becomes final after 21 days. Once the amount is paid in full, you should file a Satisfaction of Judgment form with the Justice Court. This ensures the official record reflects that the debt has been settled. If you fail to do this, liens and credit records may remain active longer than necessary.

Keep copies of all documents permanently. These include your petition, judgment, payment receipts, and correspondence. Judgments remain enforceable for ten years, and maintaining a complete record makes renewal or future enforcement easier. Organized recordkeeping also assists if you later need to prove the outcome for credit or background checks.

For losing parties, if you believe the court made a factual or procedural error, an appeal is your right—but be mindful of deadlines. Appeals reset the case entirely, meaning you will need to re-present evidence. If you choose not to appeal, compliance with the judgment avoids enforcement actions and additional costs.

Closing your small claims case marks the end of the process. Whether you won or lost, it represents the conclusion of your legal responsibility. Always verify with the clerk that all documents are complete and the case status reflects closure in the docket. This step ensures your records—and your peace of mind—remain in good order long after the court date.

Associated Costs

Typical total costs for a Texas small claims case range from $100 to $250, including filing and service. Post-judgment actions like writs or garnishments may add another $100–$175 each. However, approved fee waivers eliminate most initial expenses. If you win, the court may order reimbursement of your filing and service fees as part of the judgment. Always maintain documentation to recover these costs successfully.

Time Required

Most Texas small claims cases resolve within 60 to 120 days from filing to judgment. The timeline depends on service efficiency, defendant response, and court backlog. Appeals or enforcement actions can extend the process several months longer. Electronic filing and active tracking significantly reduce delays.

Limitations and Considerations

Texas small claims courts only handle civil disputes involving monetary damages of $20,000 or less. They cannot issue injunctions, restraining orders, or eviction orders (handled separately as landlord-tenant cases). Cases involving defamation, title to land, or family law are excluded. Both parties must appear in person unless excused by the judge. While attorneys are permitted, most litigants represent themselves. The simplified nature of small claims emphasizes fairness and accessibility over legal formality.

Authoritative Resources

• Texas Justice Court Training Center (TJCTC) — Official statewide small claims forms and procedural guides.
• eFileTexas.gov — Online filing portal for Texas courts.
• TexasLawHelp.org — Step-by-step legal self-help guides and fee waiver forms.
• Texas Government Code §27.031 — Statutory authority governing Justice Court jurisdiction.
• Texas State Law Library — Legal research tools, official publications, and form templates.