Recently updated on July 14th, 2025 at 05:23 am

Prepare your documents for Small Claims in Texas

This website helps prepare the forms required for Small Claims in Texas.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin your case by filing with the Justice Court Clerk in the appropriate county. You may file in person at the courthouse or online through the court’s e-filing system, if available. Check with your local Justice Court Clerk for specific filing details.

Process

Step 1

You: Take Online Screening

Begin your small claims process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening is designed to confirm whether your case qualifies for Small Claims Court and to identify the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and case requirements. Before starting, gather all relevant documents to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by gathering all documents that support your small claims case, including:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, like receipts, invoices, or bank statements
Emails, text messages, or letters between you and the other party
Photos, videos, or other evidence supporting your claim

Next, check that your case qualifies for small claims in Texas and prepare your court forms. You can fill them out online or bring completed forms if you already have them. Be sure to keep copies of all documents and evidence—you’ll need them at your court hearing and when serving the other party. For filing, contact the Justice Court Clerk in your county.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a demand for payment or resolution, you should wait a reasonable time—typically 10 to 30 days—for the other party to respond.

If the issue is resolved during this time (for example, they pay what’s owed or fulfill their obligation), you may not need to take further action. However, if they do not respond, refuse to pay, or deny responsibility, you can move forward by formally filing your small claims case with the Justice Court Clerk.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create a new one if you don’t have an account yet. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will then guide you step-by-step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you're claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms automatically prepares the required Texas small claims court forms based on your answers and your county’s specific rules.

Review all documents carefully, then digitally sign them within the platform. If your county supports e-filing, you can submit your forms directly through LegalAtoms. Otherwise, you can download a complete packet to print and file in person with the Justice Court Clerk in your county.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the court will issue a citation along with your petition to officially notify the defendant of your lawsuit.

Serve the Defendant:

You are responsible for ensuring the defendant is served. You cannot serve them yourself. Service must be completed by:

A constable or sheriff
A certified process server
Any adult authorized by the court who is not a party to the case

Once the defendant is served, the person who completed service must fill out a Return of Service form. This form must be filed with the Justice Court Clerk before the hearing to confirm the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers, they are not required to file a written response in small claims cases. Instead, both parties are expected to appear at the court hearing.

During this waiting period, the defendant may choose to:

Contact you to try to settle the case
Prepare their own evidence for the hearing
File a counterclaim if they believe you owe them money.

If the defendant does not appear at the hearing, you may still win your case by default judgment, as long as the court determines proper service was completed and your claim is valid.

Step 8

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of your small claims hearing, the judge will issue a final judgment. This decision may award you money or other relief based on your claim and the evidence presented.

If the judge rules in your favor and the defendant does not pay voluntarily, you may take steps to enforce the judgment, such as:

Requesting a Writ of Execution to collect the money owed by seizing non-exempt property or funds from a bank account
Filing an Abstract of Judgment to place a lien on the defendant’s real estate
Requesting a Turnover Order to access assets the defendant refuses to hand over

FAQs

What is a small claims case?

What is a valid reason for filing a small claims case in Texas?

In Texas, you can file a small claims case in Justice Court for disputes involving $10,000 or less (excluding court costs and statutory interest, but including attorney fees, if any). Valid reasons include:

Someone owes you money (unpaid loans, wages, or rent)
Breach of contract (services not completed or poorly done)
Damage to your property (car, home, or belongings)
Security deposit disputes between tenants and landlords
Failure to return personal property
Consumer issues, like receiving defective goods or services

Small claims are meant to resolve simple disputes quickly, affordably, and often without needing a lawyer.

What is the small claims process in Texas?

In Texas, small claims cases are handled in Justice Courts and are meant to resolve simple disputes involving $10,000 or less (excluding court costs and interest, but including attorney fees, if any). Here's the process:

Prepare Your Case
- Gather contracts, receipts, messages, and other supporting documents.
File Your Case
- File your petition with the Justice Court Clerk in the correct county.
- You may file in person or online (if e-filing is available).
Serve the Defendant
- The defendant must be officially served with court papers by a sheriff, constable, or certified process server.
Attend the Hearing
- Both parties appear in court. The judge hears evidence and makes a decision.
Collect the Judgment (if you win)
- If the defendant doesn’t pay voluntarily, you can enforce the judgment through tools like a writ of execution or property lien.

How long does the small claims process take in Texas?

In Texas, the small claims process usually takes 1 to 3 months, depending on how quickly the case is filed, served, and scheduled. Here's the general timeline:

Filing the Case – Once you file with the Justice Court Clerk, a hearing date is usually set within a few weeks.
Serving the Defendant – The defendant must be served properly before the court can proceed. The sooner service is completed, the sooner the hearing.
Court Hearing – Most hearings are held within 30 to 60 days after filing.
Judgment & Collection – If you win and the defendant doesn’t pay voluntarily, collecting the judgment (through writs or liens) may take additional time.

What happens if my filing is rejected?

When will I hear back about my filing?

Can a landlord evict a tenant without going to court in Texas?

Are there fees associated with filing a small claims case in Texas?

Yes, there are fees to file a small claims case in Texas. The filing fee typically ranges from $30 to $100, depending on the Justice Court and the county.

You may also need to pay a service fee (usually $75–$100) to have the defendant served by a constable, sheriff, or process server.

If you can't afford the fees, you can request a Statement of Inability to Afford Payment of Court Costs to ask the court to waive them.

Do tenants have rights regarding security deposits in Texas?

Yes, tenants in Texas have specific rights when it comes to security deposits:

Return deadline: The landlord must return the deposit within 30 days after the tenant moves out.
Permissible deductions: Deductions can only be made for unpaid rent or damages beyond normal wear and tear.
Written notice: If any amount is withheld, the landlord must provide a written itemized list of deductions.
Forwarding address: Tenants must give a written forwarding address to ensure return of the deposit.
Tenant rights: If a landlord wrongfully withholds a deposit, the tenant may sue in Justice Court for recovery.

Where can I get help with eviction issues in Texas?

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Petition_Small_Claims
Justice Court Civil Case Information Sheet
Statement Of Inability To Afford Payment Of Court Costs Or An Appeal