Small claims in Texas.
Texas has the highest small claims cap in the country at $20,000. Justice Courts handle these cases, and you can represent your business yourself.
- Most you can sue for$20,000Same cap for individuals and businesses
- Filing fee$54Flat fee, regardless of claim amount
- CourtJustice Court (Justice of the Peace)One in every county precinct
- Lawyers at trialAllowedNot required, but permitted
- Typical timeline30 to 90 daysFrom filing to hearing
- Wage garnishmentNot allowedTexas exempts wages from creditors
Find your situation.
Texas small claims handles money disputes up to $20,000 (or $20,000 if you're a business). Browse 11 categories and 61 specific claim types below.
Texas gives you a generous 4 years to sue on most debt and contract claims, written or oral.
Wrong court for these12 situations small claims can’t handle
Eviction (Forcible Entry and Detainer)
Justice courts handle evictions, but as a SEPARATE Rule 510 case, not as a small claim. To physically remove a tenant, you need an eviction case.
Try instead: Eviction case (Rule 510) in the same Justice Court precinct
Defamation (libel or slander)
Texas Government Code § 27.031 explicitly bars justice courts from hearing defamation cases REGARDLESS of amount. Even if your claim is $5,000, JP court cannot hear it.
Try instead: County Court at Law or District Court
Title to land
Justice courts cannot decide who owns real property. Quiet title, foreclosure, and boundary title disputes are off-limits.
Try instead: District Court
Divorce, child support, custody
All family law matters are excluded from justice court.
Try instead: Family law division of District Court
Probate and estate matters
Wills, executor disputes, and estate distribution must go to probate court.
Try instead: County Probate Court or District Court
Medical or legal malpractice
Medical malpractice requires an expert report within 120 days under CPRC Ch. 74. Legal malpractice typically exceeds $20,000 and requires expert testimony. Neither works in JP court.
Try instead: District Court with a malpractice lawyer
Federal claims
Bankruptcy, federal civil rights, patents, and copyright are exclusively federal.
Try instead: Federal District Court
Class actions
Justice courts cannot certify class actions. Each plaintiff must file separately.
Try instead: District Court
Injunctions and orders to do or stop something
Justice courts cannot order someone to perform, stop, or transfer property. Money judgments and recovery of specific personal property only.
Try instead: District Court for injunctions; Civil harassment restraining orders also handled in District Court
Workers' compensation
If your employer subscribes to workers' comp, you cannot sue them. Disputes go through the Texas Department of Insurance Division of Workers' Compensation.
Try instead: Texas DWC administrative process
Cases against a government with no claim filed
Suing a city, county, or state agency in tort requires a written notice of claim within 6 months (sometimes shorter under city charters). Without notice, your case is barred.
Try instead: First file a notice of claim with the agency. Then likely District Court given sovereign immunity rules.
Cases subject to mandatory arbitration
If your contract has an enforceable arbitration clause and the defendant raises it, the JP must send the case to arbitration. Common in cell phone, banking, and gig-economy contracts.
Try instead: Private arbitration per the contract
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. Texas doesn't require a demand letter for most claims, but two specific situations make it mandatory: contract claims where you want attorney fees (Tex. Civ. Prac. & Rem. Code § 38.002 requires a 30-day demand) and DTPA consumer claims (Tex. Bus. & Com. Code § 17.505 requires a 60-day demand). Skip these and you can lose your right to attorney fees and have your case paused.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
Texas applies the discovery rule in fraud cases (built into the statute) and in some latent injury cases. For ordinary contract or property damage, the clock generally starts at the breach or damage event. If you didn't know about the harm right away, document when and how you discovered it.
File your case
File at the Justice Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, the judgment will include the filing fee and service fees as 'court costs' the loser owes you (Tex. R. Civ. Proc. 505.2). The losing party reimburses your fees on top of the judgment.
E-filing in Texas: Texas uses the eFileTexas system statewide. Attorneys are required to e-file in most counties. Self-represented filers are encouraged but not required to e-file. The portal includes a self-help interview that generates your petition for you.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 14 days before the hearing (in the same county) or 14 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Personal service by constable or sheriff. Most common and reliable. The constable hands the citation to the defendant in person.
- Certified mail by court clerk. The clerk sends the citation by certified mail, restricted delivery, return receipt requested. Only counts as valid service if the defendant personally signs.
- Substituted service. If standard service fails after diligent attempts, the court can authorize leaving the citation with a person 16+ at the defendant's home or work, plus mailing a copy. Requires a court order.
- Service by publication. Last resort if defendant's location is truly unknown. Notice published in a newspaper. Defendant gets 42 days from publication to answer.
File the proof of service (Return of Service) at least 0 days before the hearing.
What if you can’t find the defendant?
After diligent attempts (multiple visits at different times to known addresses), file a motion for substituted service with the court. Include an affidavit detailing what you tried. The judge can authorize leaving the papers at the defendant's home or workplace plus mailing a copy, or in extreme cases, publication in a newspaper.
If a defendant runs from the door or refuses to take the papers, the constable can leave the papers in their presence after identifying themselves. That counts as valid service. A registered process server has more flexibility in timing and database tools to find current addresses.
Show up to the hearing
Bench trial by default. Either party can demand a six-person jury at least 14 days before trial with a $22 fee. Each case typically gets 15 to 30 minutes per side.
Lawyers at trial: Allowed. Texas allows lawyers in justice court for both individuals and businesses. A business can also be represented by a non-lawyer employee, owner, officer, or partner under Tex. R. Civ. Proc. 500.4(b). You can come with or without a lawyer.
When you’ll get the decision: JPs sometimes announce the decision on the spot, but often take it under advisement and mail the judgment within a few days to a few weeks.
What to bring
- Your filed petition with the court stamp
- Original contracts, invoices, and receipts
- Photos of damage or work (printed, three copies)
- Text messages and emails (printed and highlighted)
- Bank statements, cancelled checks, or payment proof
- Repair estimates from independent professionals
- A short timeline of what happened
- Any witness who saw the events (or a notarized statement)
- Three copies of every document: judge, opposing party, you
- Demand letters and proof of any pre-suit notices required (DTPA, attorney fees, etc.)
If the defendant doesn’t show up
If the defendant doesn't file a written answer by the 14-day deadline, you can ask for a default judgment. For fixed-dollar claims (a specific sum from a written contract or sworn account), the judge can enter default without a hearing. For damage claims with no fixed dollar amount (property damage, personal injury), you must testify at a brief 'prove-up' hearing to establish damages.
You still have to prove your case. Even on a default, the judge will require you to prove your damages by sworn testimony or affidavit. Bring contracts, invoices, photos, and any other proof. Show up empty-handed and the judge can award less than you asked or dismiss for lack of proof.
If you’re the defendant being sued
Unlike California, Texas REQUIRES the defendant to file a written answer within 14 days of service. A simple general denial is enough. If the 14th day falls on a weekend or holiday, the deadline extends to the next business day. The answer can be filed in person, by mail, or via eFileTexas.
Counter-suing the plaintiff: Allowed using Counterclaim Petition (Defendant's Counterclaim). Serve the plaintiff at least 0 days before trial (same county) or 0 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has Immediately after the judgment becomes final (no appeal filed within 21 days) to pay. Judgments accrue 5% interest per year while unpaid.
Demand letter for payment
Send a polite demand. Often works.
How it works
Send the loser a written demand for payment after the judgment becomes final, including the case number, judgment amount, accrued interest, and your preferred payment method. Many debtors pay once they realize liens and asset seizure are on the table.
Abstract of Judgment (real estate lien)
Cheap, passive, very effective long-term.
How it works
Get an Abstract of Judgment from the JP clerk and record it with the County Clerk in any county where the loser owns or might own non-homestead real estate. The lien attaches automatically. When they sell or refinance, you get paid out of escrow. Lasts 10 years, renewable.
Cost: $5 to $8 to issue, plus county recording fee
Notes: The Texas homestead exemption protects the loser's primary residence from forced sale, so the lien won't reach a homestead. But if they own rental properties, vacant land, or a second home, you can collect when they sell.
Writ of Execution (seize non-exempt assets)
Sheriff seizes and auctions non-exempt property.
How it works
Get a Writ of Execution from the clerk, give it to the sheriff or constable, and they'll attempt to seize the loser's non-exempt assets. Proceeds from the auction go to your judgment. Effective against businesses (no personal exemptions apply) and individuals with specific non-exempt assets like vacant land, second cars, boats, or jewelry beyond the personal property cap.
Cost: About $200 sheriff fee plus storage and auction costs
Writ of Garnishment (bank accounts)
Freeze and seize money in their bank account.
How it works
File an application for Writ of Garnishment. The bank gets served, freezes the account, and (after notice and any exemption claims) sends the money to you. Federal benefits like Social Security, SSI, unemployment, and veterans' benefits are exempt and protected automatically.
Turnover Order (Tex. Civ. Prac. & Rem. Code § 31.002)
Court orders the loser to hand over hard-to-reach assets.
How it works
If the loser has non-exempt property that's hard to seize (artwork, accounts receivable, stock in private companies), you can ask the court to order them to turn it over. Disobedience is contempt. Justice courts may not have full turnover authority; many creditors take their JP judgment to district court for this.
Post-judgment discovery (asset questions)
Force the loser to disclose where their money is.
How it works
Texas Rule 621a allows post-judgment discovery: written interrogatories, depositions, requests for documents about the debtor's assets. Justice court enforcement powers are limited; for serious cases, take the judgment to district court for full discovery powers.
Renew the judgment (every 10 years)
Keep the judgment alive past the 10-year dormancy mark.
How it works
Texas judgments go dormant (lose their enforceability) after 10 years if not enforced. File to revive it within 2 years after dormancy (so you have effectively 12 years). Each writ of execution (court order to seize assets) issued resets the clock.
Multiple creditors? Priority rules.
Texas's strong debtor exemptions mean many judgment debtors are 'judgment-proof' in practice. Wages cannot be garnished, the homestead is protected, and most personal property falls under the exemption cap. Collection works best against businesses (no personal exemptions) or individuals with specific non-exempt assets (rental properties, second vehicles, business equipment, valuable collectibles).
Can you appeal if you lose?
EITHER party can appeal in Texas. Unlike California, plaintiffs have full appeal rights even if their own claim was denied.
- Deadline: 21 days from the judgment notice.
- Form: Appeal Bond — Appeal Bond, Cash Deposit, or Statement of Inability.
- Type: Trial de novo — the case is heard fresh in the higher court.
Small claims appeals get a brand-new trial in county court (county court at law in larger counties). The county judge isn't bound by the JP's decision. New evidence, new witnesses, lawyers fully allowed. The result can be better, worse, or the same as the JP's judgment.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Harris (Houston)
- Precincts: 8 precincts, each with two JP courts. File in the precinct covering the defendant's address.
- E-filing: Mandatory for attorneys; encouraged for self-represented filers.
- Mediation: Volunteer mediators from the Dispute Resolution Center often available on trial day.
- Service fee: Constable service typically $65 to $75 per defendant.
Dallas
- Precincts: 5 precincts. Forms downloadable from each JP's website.
- E-filing: Available through eFileTexas.
Travis (Austin)
- Mediation: Most precincts standing-order refer cases to mediation through the local Dispute Resolution Center.
- E-filing: Strongly encouraged. Many JPs have moved to nearly all-electronic dockets.
- Pre-trial exchange: Travis County JP Precinct 5 requires exchange of evidence 14 days before trial.
Bexar (San Antonio)
- Precincts: 4 precincts.
- Mediation: JP courts refer many small claims to the local Dispute Resolution Center for free mediation before trial.
Tarrant (Fort Worth)
- Mediation: Tarrant County ADR program often required to attempt mediation before trial.
Why cases get dismissed.
Suing the wrong name
What goes wrong: You sue "Joe's Plumbing" but the actual legal entity is "Joe Smith d/b/a Joe's Plumbing" or "JSP Services LLC." Your judgment becomes unenforceable.
How to avoid it: Look up the business at the Texas Secretary of State (BizFileOnline) for corporations and LLCs. Check the county clerk's assumed name records for sole proprietors. Use the exact registered name on your petition.
Bad service of process
What goes wrong: You serve the defendant yourself (you can't), or use uncertified mail, or have someone unauthorized hand them the papers. Service is invalid and the judge can't enter judgment.
How to avoid it: Use the constable, sheriff, a Texas-certified private process server, or the court clerk's certified mail. Never serve yourself.
Missing the answer deadline (defendants)
What goes wrong: You're a defendant who got served, didn't file a written answer within 14 days, and the plaintiff got a default judgment.
How to avoid it: File a written answer (even a one-line general denial) within 14 days of service. If you've already missed it, file a Motion for New Trial within 14 days of the judgment, OR appeal to county court within 21 days.
Missing the deadline to sue
What goes wrong: You file a property damage case 2 years and 1 month after the incident. Defendant points out the deadline passed. Case dismissed.
How to avoid it: Texas property damage and personal injury claims expire in 2 years (shorter than California). Contract claims (oral or written) get 4 years. File sooner rather than later.
Missing pre-suit notice requirements
What goes wrong: You sue under the DTPA without sending the required 60-day demand letter. Court pauses your case and you lose attorney fees.
How to avoid it: Send DTPA demands 60 days before filing (Tex. Bus. & Com. Code § 17.505). Send contract demands 30 days before filing if you want attorney fees (Tex. Civ. Prac. & Rem. Code § 38.002). Send government claim notices within 6 months for tort claims against cities or counties.
Asking for the wrong remedy
What goes wrong: You ask the JP to order someone to fix something, return to work, or stop harassing you. Justice court can't grant injunctive relief. Case dismissed.
How to avoid it: Convert what you want into money. "Make them finish the job" becomes "$X to hire someone else to finish." "Stop harassing me" goes to a different court (civil harassment in district court).
Suing for defamation
What goes wrong: Your case is dismissed because Tex. Gov. Code § 27.031(b) bars JP courts from ALL defamation cases regardless of amount.
How to avoid it: Defamation goes to county court at law or district court only.
Winning against a judgment-proof defendant
What goes wrong: You win, but the defendant has only exempt assets (homestead, primary car, wages). Texas's strong exemptions make collection difficult.
How to avoid it: Before suing, gauge whether the defendant has any non-exempt assets. Wages cannot be garnished in Texas. A homestead can't be forced into sale. If the defendant has a job and only one vehicle, collection may yield nothing. Consider a partial settlement before suit.
Ignoring the arbitration clause
What goes wrong: You sue your cell carrier or bank in JP court. The defendant moves to compel arbitration under your contract's arbitration clause. JP court must dismiss or stay your case.
How to avoid it: Read the contract. If there's an arbitration clause, you may need to arbitrate instead of sue. Some clauses have small-claims carve-outs; check yours.
Common questions.
Do I need a lawyer for small claims in Texas?
How long does small claims take from filing to hearing?
What's the maximum I can sue for in Texas small claims?
What happens if the defendant doesn't show up?
Can I appeal if I lose?
Why can't I garnish wages in Texas?
Can I sue someone in another state?
What's the difference between small claims and county court?
Sources12 citations and statutes
- Tex. Gov. Code § 27.031 (justice court jurisdiction)Tex. Gov. Code § 27.031
- Texas Rules of Civil Procedure, Part V (Rules 500-510)
- Tex. Civ. Prac. & Rem. Code Ch. 16 (statutes of limitations)Tex. Civ. Prac. & Rem. Code Ch. 16
- Tex. Bus. & Com. Code Ch. 17 (DTPA)Tex. Bus. & Com. Code § 17.41 et seq.
- Tex. Prop. Code § 92.109 (security deposit penalty)Tex. Prop. Code § 92.109
- Tex. Fin. Code Ch. 392 (Texas Debt Collection Act)Tex. Fin. Code Ch. 392
- Tex. Occ. Code Ch. 2308 (vehicle towing)Tex. Occ. Code Ch. 2308
- Tex. Civ. Prac. & Rem. Code § 38.001 (attorney fees)Tex. Civ. Prac. & Rem. Code § 38.001
- Texas State Law Library: Small Claims Self-Help
- eFileTexas
- Texas Constitution Article XVI § 28 (wage exemption)Tex. Const. art. XVI, § 28
- SB 2342 (2019): jurisdictional limit increase to $20,000SB 2342 (2019)
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 27, 2026.