Overview

The Texas Small Claims Court is designed to resolve common civil disputes efficiently, without requiring formal legal training or the expense of hiring an attorney. It is part of the Justice Court system and operates under the authority of Texas Government Code §27.031. These courts have jurisdiction over minor civil cases seeking monetary damages or the return of personal property valued at $20,000 or less, excluding court costs and interest.

The purpose of small claims court is accessibility. It’s a forum for individuals, tenants, landlords, and small business owners to settle straightforward financial disputes without complex filings or lengthy litigation. Cases typically include issues like unpaid rent, damaged property, unreturned deposits, or unpaid invoices. The atmosphere is less formal, and most litigants represent themselves. This system is part of the state’s commitment to ensuring that everyday Texans have access to justice, even for modest claims that might not justify hiring a lawyer.

Small claims proceedings are guided by the Texas Rules of Civil Procedure (Rule 500–510), which simplify pleadings, service, and hearings. Cases are filed directly with the Justice of the Peace Court in the appropriate county and precinct, and hearings are typically scheduled within a few weeks or months of filing. Unlike higher courts, these judges emphasize fairness, practicality, and common sense rather than rigid technicalities.

To qualify for small claims, your case must:

• Be civil in nature (no criminal or family law issues)
• Seek money damages or the return of specific personal property
• Involve an amount not exceeding $20,000
• Arise within Texas and be filed in the correct Justice Court precinct

These requirements ensure that small claims courts remain efficient and focused on disputes that can be reasonably resolved through a limited monetary judgment. More complex or higher-value cases are directed to County or District Courts.

Who Can Apply for a Small Claims Case in Texas

Virtually anyone—individuals, businesses, or landlords—can file a small claims case in Texas if the dispute meets jurisdictional requirements. The plaintiff (person filing the case) must have a valid legal claim showing that the defendant owes them money or property. Residency in Texas is not required for filing, as long as the event giving rise to the dispute occurred within the state.

Common examples of eligible plaintiffs include:

• Individuals – seeking repayment of personal loans, deposits, or reimbursement for damages
• Tenants or landlords – over unpaid rent, damage, or withheld security deposits
• Small businesses or sole proprietors – recovering unpaid invoices or defective services
• Contractors or tradespeople – seeking payment for completed work
• Consumers – demanding refunds for defective goods or breach of service agreements

A few limitations exist. Minors (under 18) must file through a parent or legal guardian. Government agencies are generally exempt from being sued in small claims court due to sovereign immunity. Corporations or LLCs can appear through authorized representatives rather than attorneys, provided the representative is an employee, officer, or owner. This exception aligns with Texas’s goal of simplifying small-scale dispute resolution without strict adherence to legal formalities.

The defendant (person or entity being sued) must have a Texas address for service or have conducted business in Texas related to the claim. Out-of-state defendants can still be sued if the dispute arose from activities within Texas—such as a failed online sale or a service contract performed in the state.

Ultimately, anyone with a legitimate, clearly measurable claim under $20,000 qualifies to apply. Whether you’re an individual seeking fairness or a business enforcing a simple agreement, small claims court provides an efficient and legally recognized avenue to recover what you are owed.

Benefits of Filing in Texas Small Claims Court

Filing a case in small claims court comes with significant advantages, especially for self-represented litigants. The process is intentionally less intimidating and more affordable than higher civil courts. Judges in these courts prioritize fairness and practicality, often guiding participants through procedures during the hearing.

• Low Filing Fees: Costs vary by county but are typically between $30 and $75, far less than county or district courts.
• No Attorney Required: Texas law permits you to represent yourself. This keeps expenses low and empowers individuals to seek justice directly.
• Simplified Process: Forms are standardized statewide, available through the Texas Justice Court Training Center and local clerks. Hearings are conversational rather than rigid.
• Faster Resolutions: Most hearings are scheduled within a few months, with judgments delivered the same day or shortly after.
• Accessibility: Justice Courts exist in every county precinct, ensuring residents have a nearby venue for dispute resolution.
• Enforceable Judgments: Winning parties receive a binding judgment that can be enforced through garnishment or property liens.

Beyond efficiency, small claims courts foster accountability and trust in local commerce. They help citizens resolve disputes constructively without overwhelming higher courts. For many Texans—especially tenants, freelancers, or small contractors—this court is the most practical way to seek redress and protect their rights.

Overall, Texas small claims courts exemplify the principle that justice should be accessible to everyone, regardless of income or legal training. With clear procedures, low barriers, and a focus on fairness, these courts empower ordinary people to stand up for their rights and recover what’s rightfully theirs.

What Qualifies for Small Claims in Texas

Small claims courts in Texas exist to resolve everyday disputes quickly, affordably, and without the formalities of traditional civil litigation. These courts operate within the state’s Justice Courts, which are designed to be accessible to individuals and small businesses seeking to recover money or property valued at less than $20,000. Small claims cases are governed primarily by Texas Government Code §27.031, which grants Justice Courts jurisdiction over civil matters that fit these monetary limits.

To qualify for small claims, the dispute must involve monetary damages, repair costs, or recovery of personal property—not criminal matters or equitable relief like injunctions. The process is designed for self-represented litigants, meaning you don’t need a lawyer, and forms are standardized across Texas. Examples include unpaid rent, security deposits, vehicle repairs, and breach of a simple contract.

Step 1: Determining if Your Claim Qualifies

The first step is to determine whether your issue fits within the narrow boundaries of a small claims case. Texas law restricts small claims to disputes seeking a monetary judgment or recovery of tangible property, not to enforce performance or punitive remedies. Acceptable cases include:

• Unpaid personal loans or debts
• Failure to return a security deposit after a lease ends
• Damage to personal property (e.g., a vehicle or device)
• Unpaid rent or service charges under a simple agreement
• Breach of a verbal or written contract under $20,000

In contrast, the following do not qualify: divorce, child custody, eviction (filed separately as a landlord-tenant action), defamation, or personal injury claims exceeding the $20,000 limit. The core idea is simplicity — these courts exist for ordinary civil disagreements that can be resolved through compensation or property return.

If you are unsure whether your dispute qualifies, check with the Texas Justice Court Training Center (TJCTC), which provides standardized forms and guidance. Always quantify your claim clearly; vague or non-monetary issues will result in dismissal or transfer to a higher court.

Step 2: Confirming the Monetary Limits

Texas Justice Courts have strict monetary limits: claims cannot exceed $20,000, including attorney’s fees, if any. This cap is not negotiable. The amount you claim should represent the total value of damages or property loss. If your dispute involves more than $20,000, you must file in the County or District Court instead.

For example, suppose you hired a contractor to remodel your kitchen for $15,000, but the work was defective, requiring $5,500 in additional repairs. If you sue for $20,500, the case exceeds the small claims cap, and the Justice Court will dismiss or transfer it. Conversely, if you adjust your demand to $19,999, you remain within small claims jurisdiction. Strategic claim reduction is permitted, as long as you accept the lower limit as your full recovery.

Understanding this limit also helps when filing against multiple defendants. Texas courts calculate the total amount collectively sought, not per person. So if you sue two roommates for $10,000 each over the same lease, the combined amount of $20,000 still fits—but $21,000 does not.

Finally, note that the monetary cap covers both the principal amount and incidental costs directly tied to the dispute. It does not include court costs or post-judgment interest, which are added separately if you win. Always verify your calculation before filing to avoid rejection.

Step 3: Checking Jurisdiction and Location

Once you’ve confirmed your claim qualifies and falls within the dollar limit, the next consideration is where to file. Texas small claims are handled in the Justice Court precinct where the defendant resides or where the event occurred. This rule ensures fairness and jurisdictional consistency under Texas Government Code §27.031.

For instance, if you’re in Travis County but the defendant lives in Williamson County, you must file in Williamson County’s appropriate precinct. Each county is divided into multiple precincts, each with its own Justice of the Peace. You can confirm the correct location by contacting the Justice Court Directory or checking county websites.

Jurisdictional accuracy is critical. Filing in the wrong precinct delays your case, and the court may dismiss it entirely. Venue errors are one of the most common causes of small claims rejections in Texas. Always identify where the cause of action occurred — for example, where services were performed, rent was due, or property damage happened.

If multiple events occurred across counties, choose the county with the most substantial connection to your dispute. In some cases, you can file where the contract was signed or where the defendant can be personally served. Proper jurisdiction ensures smoother processing and minimizes procedural objections later.

Step 4: Confirming the Defendant’s Identity and Address

After ensuring your claim qualifies and determining the proper Justice Court, your next critical step is to correctly identify and locate the defendant. This is a fundamental legal requirement because a court cannot proceed without confirming the correct party and valid service address. Mistakes in naming or locating the defendant are one of the most common reasons small claims cases in Texas get delayed or dismissed.

Begin by identifying whether the defendant is an individual, business, or organization. If it’s an individual, you need their full legal name and a physical residential or work address in Texas. Post office boxes are not acceptable for service of process. If you only know partial information, you can use online directories, county property records, or the Texas Secretary of State’s business registry for confirmation. The goal is to have a verifiable location where the defendant can be personally served or mailed a copy of the lawsuit.

For businesses, accuracy is even more vital. If it’s a sole proprietorship, you can sue the owner by name along with the “doing business as” (DBA) name, such as “John Smith d/b/a Lone Star Landscaping.” For incorporated entities or LLCs, check the Texas Secretary of State’s database to find the registered agent—the individual or company authorized to receive lawsuits. You must list this agent and their registered address in your petition. Serving the wrong entity can invalidate your claim, even if you win by default initially.

Once identified, document how you verified the address. Acceptable service methods under Texas Rules of Civil Procedure 501 include personal service by a sheriff, constable, or authorized process server, or service by certified mail through the court clerk. The court will require proof that the defendant was properly notified. If service fails, you may request alternative service options such as leaving papers with a household member or posting notice at the property, but only with the judge’s approval.

In short, confirm the defendant’s legal name, business structure, and current address before filing. This diligence ensures smooth processing, valid service, and a binding judgment later. A judgment against the wrong party—or one that cannot be enforced due to incorrect information—renders all prior effort meaningless. Proper identification is the backbone of every successful small claims case in Texas.

Step 5: Preparing and Filing the Petition

With the correct defendant identified, the next task is drafting and filing your petition—the formal legal document that starts the case. In Texas, this is known as a Statement of Claim and is filed in the Justice Court of the proper precinct. The petition outlines the basic facts, the amount sought, and the relief requested.

Start by obtaining the official small claims form. Most counties provide standardized templates through the Texas Justice Court Training Center or the county clerk’s website. You can also file electronically through eFileTexas.gov. The form requires the names and addresses of all parties, a concise description of the dispute, and the exact amount you seek. Avoid emotional language or lengthy narratives—focus on verifiable facts, dates, and transactions.

You must also state the legal basis of your claim. Examples include “breach of contract,” “failure to pay debt,” or “property damage.” Supporting evidence, such as invoices, text messages, or photos, should be organized for later submission. Although not required at filing, having these ready strengthens your credibility and helps the judge understand your case.

The filing fee varies by county but generally ranges from $30 to $75. If you cannot afford this, you can request a waiver by filing a Statement of Inability to Afford Payment of Court Costs (Rule 502.3). The clerk will review your income and may allow you to proceed without payment. Once filed, the clerk will issue a citation—a formal notice summoning the defendant to respond within a set period, typically 14 days after service.

Filing officially initiates your case. Always keep a stamped copy of your petition and receipt for your records. The clerk’s office will coordinate with a constable or process server to ensure timely service. Remember, deadlines are strict; your petition is valid only once the defendant is properly served. Any errors in the petition—such as missing details, incorrect amounts, or wrong addresses—can lead to delays or dismissal. Therefore, precision and documentation are paramount when submitting your Texas small claims petition.

Step 6: Serving the Defendant Properly

Once the petition is filed, the defendant must be formally notified—a process known as “service of process.” Under Texas Rule 501.2, valid service is mandatory before the court can hear the case. Improper service is one of the primary reasons small claims judgments are overturned. Therefore, strict adherence to service requirements protects your right to proceed and ensures enforceability.

Typically, the clerk delivers the citation and petition to the county constable, sheriff, or a licensed private process server. Personal service—handing the papers directly to the defendant—is the preferred method. Alternatively, certified mail can be used, provided it is sent by the clerk and includes a signed return receipt. Service must occur within 90 days after filing; otherwise, the petition becomes dormant and must be reissued.

If the defendant cannot be located, you may request substituted service. This requires filing a motion and affidavit detailing your attempts at personal delivery. The judge may authorize service by leaving copies with a responsible adult at the residence, by posting the documents at the premises, or even by email or social media if traditional methods fail. Each order is case-specific, and proof of service must be filed promptly.

Once service is complete, the process server files a Return of Service form detailing when and how the defendant was served. This proof becomes part of the court record and is critical for scheduling the hearing. The defendant then has 14 days to respond, either by written answer or appearance. If they fail to respond, you may request a default judgment.

Proper service establishes the court’s authority and prevents later challenges. Never attempt to serve the defendant yourself—Texas strictly prohibits parties from serving their own papers. Always rely on authorized personnel. Diligent and documented service is a cornerstone of due process and one of the most crucial procedural steps in Texas small claims practice.

Step 7: Preparing for the Hearing

After service is completed and the defendant responds—or fails to—the court will set a hearing date. This is your opportunity to present your case before the Justice of the Peace. Preparation is critical; while small claims courts are informal, success depends on organization, evidence, and clarity.

Start by gathering every piece of documentation that supports your claim: contracts, receipts, estimates, photographs, emails, or text messages. Arrange them chronologically in a folder or binder. The judge needs to see a clear timeline showing what happened, how you were harmed, and how you calculated your damages. Bring at least two copies—one for yourself and one for the opposing party.

You should also prepare a concise verbal summary. Practice explaining your case in two to three minutes: what agreement existed, how it was breached, what you lost, and what you’re asking the court to order. Avoid exaggeration or emotional appeals; judges value precision and honesty. If you have witnesses, confirm their availability and notify the court in advance. The judge can issue subpoenas compelling attendance if necessary.

On the hearing day, dress neatly, arrive early, and check in with the clerk. Each side will have a chance to present their story. Judges often ask clarifying questions to understand the facts, especially when one or both parties are self-represented. The hearing usually lasts 15 to 30 minutes, and decisions are often delivered immediately.

If the defendant fails to appear, you may request a default judgment, provided service was valid and your documentation supports the amount claimed. If the judge needs more information, they may take the case under advisement and issue a ruling later in writing. Regardless of the outcome, maintaining professionalism and thorough preparation greatly increases your credibility. A well-organized case file is your strongest ally in Texas small claims court.

Step 8: Attending the Hearing and Presenting Your Case

When your Texas small claims hearing day arrives, preparation transforms into performance. The courtroom environment in Justice Courts is far less formal than district or county courts, yet it retains strict expectations for respect, organization, and truthfulness. The judge—often addressed as “Your Honor”—will call your case from the docket and invite both parties to step forward. Be punctual; arriving late can result in default judgment against you.

Start by checking in with the court clerk. Once called, each side will swear to tell the truth. The plaintiff (you) usually presents first. Begin by briefly summarizing your claim: who the defendant is, what happened, how you were harmed, and the specific dollar amount you seek. Concise, factual statements carry more weight than emotional appeals. Present evidence methodically: receipts, contracts, photographs, or messages. When introducing an exhibit, hand it to the bailiff or clerk for labeling and submission.

If you have witnesses, call them in the order of relevance. The judge may allow brief questioning of each witness by both sides. Keep questions short and focused on firsthand observations—what the witness saw, heard, or experienced. Judges in Texas Justice Courts appreciate clarity over formality. They may interrupt to ask direct questions, so listen carefully and answer truthfully without arguing or talking over others.

When the defendant presents their case, remain silent until it’s your turn to rebut. Interruptions can irritate the judge and diminish your credibility. Take notes instead, highlighting inconsistencies to address later. Once both sides finish, you’ll have a chance to make a short closing statement summarizing why the evidence supports your claim. Focus on fairness and verifiable facts—avoid attacking the defendant personally.

Remember that decorum matters. Address the judge politely, avoid slang, and refer to documents or exhibits by description (“as shown in Exhibit A”). Small details—polite demeanor, organized presentation, eye contact—communicate professionalism and confidence, even without a lawyer. Judges are trained to be patient with self-represented litigants but respond best to clear, structured reasoning. When the hearing ends, the judge may rule immediately or issue a written decision later. Either way, remain respectful to all court staff; your credibility extends beyond the bench.

Step 9: Judgment and Post-Judgment Actions

Once the hearing concludes, the Justice of the Peace will issue a formal judgment either orally in court or later by mail. If you win, the judgment will specify the amount owed—including principal damages, court costs, and post-judgment interest under Texas Finance Code §304. A certified copy of this judgment becomes your legal instrument for enforcement.

If the defendant fails to appear and you had valid service, the judge may grant a default judgment. The defendant still has a limited period—usually ten days—to request a new trial, so monitor your mail. Once that window passes, your judgment becomes final and enforceable. It remains valid for ten years and may be renewed if unpaid.

Winning a judgment is only the first milestone; collecting it is another challenge. Start by sending a written demand letter requesting payment within a reasonable timeframe, typically ten days. Many defendants pay voluntarily once the judgment is official because it affects credit and business reputation. If payment does not occur, you can pursue post-judgment remedies.

Texas law offers several enforcement tools:

• Writ of Execution (Tex. R. Civ. P. 621–656): Authorizes a constable or sheriff to seize non-exempt property from the debtor to satisfy the judgment.
• Abstract of Judgment (Tex. Prop. Code §52.001): Creates a lien against the debtor’s real property when filed with the county clerk.
• Garnishment (Tex. Civ. Prac. & Rem. Code §63): Allows collection from the debtor’s bank accounts or other third parties holding funds.

For businesses, the judgment may also impact future credit lines or licensing. Always record every payment, correspondence, or enforcement action. If the defendant pays in full, file a Satisfaction of Judgment form with the court to close the record formally. Proper post-judgment diligence ensures your victory translates into tangible recovery, not just a piece of paper.

Step 10: Appeals and Enforcement of Judgment

Either party dissatisfied with the small claims judgment may file an appeal. Under Texas Rule 506, appeals from Justice Court go to the County Court for a completely new trial, known as a trial de novo. The appellant must file a Notice of Appeal within ten days of judgment and post an appeal bond—typically twice the amount of the judgment or at least $500—to ensure good faith. Failure to meet these deadlines forfeits the right to appeal.

During the appeal process, enforcement is paused until the County Court issues its own judgment. The higher court will review the case anew, allowing both sides to present evidence and witnesses again. If the County Court affirms your victory, the judgment becomes final and enforceable under the same collection procedures described earlier.

If the losing party does not appeal, you may immediately proceed with enforcement after the ten-day window expires. Contact the court clerk for instructions on obtaining writs or abstracts. Remember, Texas exempts certain property from seizure—such as primary residences, most wages, and essential personal goods—under the Texas Property Code Chapter 42. Understanding these exemptions prevents wasted effort and ensures lawful recovery.

Once payment is secured, acknowledge receipt by filing a Satisfaction of Judgment. This step clears the debtor’s record and avoids unnecessary disputes. If you lose the case, analyze the judge’s reasoning carefully. You may re-file in a higher court if the claim exceeds $20,000 or if procedural issues compromised fairness. Regardless of the outcome, each small claims experience teaches practical lessons about contracts, evidence, and accountability—skills that empower you in future dealings.

Associated Costs

Filing fees in Texas small claims courts generally range from $30 to $75, depending on the county. Service fees by constables or sheriffs usually add $75–$100 per defendant. Private process servers may charge slightly more but offer faster turnaround. If you prevail, the court typically includes these costs in the judgment. Optional post-judgment actions—like a Writ of Execution or Abstract of Judgment—carry additional fees of $10 to $25 each. Financially-constrained litigants can request a Statement of Inability to Afford Court Costs to waive most expenses.

Time Required

Most small claims cases in Texas resolve within two to four months from filing to judgment, depending on the county’s docket. Service delays or continuances may extend this timeframe. Post-judgment enforcement can take longer, especially if the defendant resists payment. Appeals add another 60–90 days on average. Despite these variations, small claims remain the fastest civil remedy available statewide.

Limitations and Considerations

While efficient, small claims courts have limitations. They cannot issue injunctions, restraining orders, or compel specific actions—only monetary judgments or return of property. The $20,000 cap is absolute, and cases exceeding that threshold must proceed to County Court. Additionally, the court does not collect the judgment for you; enforcement is your responsibility. Finally, small claims courts lack jurisdiction over certain matters like probate, family, or defamation cases. Always review your facts against these boundaries before filing.

Authoritative Resources

• Texas Justice Court Training Center (TJCTC) — Official training and forms for all Justice Courts
• eFileTexas.gov — Statewide e-filing portal for small claims cases
• TexasLawHelp.org — Guides, form samples, and legal aid referrals
• Texas Statutes Online — Access to Government Code §27.031 and related civil statutes
• Texas State Law Library — Research materials and procedural references