Small Claims Court in Texas: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for Texas consumers and small businesses handling a real money dispute on their own.

1. What is small claims court in Texas?

Small claims court in Texas is handled by the Justice of the Peace Courts (Justice Courts). These courts hear civil money disputes and suits to recover personal property up to $20,000, not counting interest. Attorneys are allowed but not required. Procedure is informal under Texas Rules of Civil Procedure Part V (Rules 500 to 510), and cases typically reach hearing about 2 to 3 months after filing.

Texas does not have a separate "Small Claims Court" anymore. The legislature folded small claims into the regular Justice Court docket in 2013. Today, every justice court hears small claims, debt claims, repair and remedy cases, and evictions, all under one set of rules. The $20,000 cap comes from Texas Government Code § 27.031.

Which court hears small claims cases in Texas?

The court that hears small claims cases in Texas is the Justice of the Peace Court for the county and precinct that has venue. Every county is divided into JP precincts, and each precinct has at least one justice court. The judge does not have to be a lawyer. The justice court hears your case as a bench trial, though you can request a jury for a $22 fee.

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in three big ways. First, the formal rules of evidence are relaxed in justice court, so the judge can accept letters, photos, emails, and texts that might be excluded elsewhere. Second, pleadings are simple. You don't need to draft a formal petition full of legal counts. Third, the $20,000 cap forces you to keep the case small, and you can't split one dispute into two cases to get around it.

Is small claims court the right forum for your case?

Small claims is the right forum if you're suing for money damages or to recover specific personal property, the total at stake is $20,000 or less, and the claim type isn't excluded from justice court jurisdiction. Eviction cases go on the separate eviction docket under Rule 510. Title to real estate, defamation, divorce, probate, and class actions cannot be heard in justice court. If the amount you need to recover is over $20,000, you must file in county or district court instead.

2. Should you file in Texas small claims?

You can file in Texas justice court if (1) your claim is for money or to recover specific personal property, (2) the amount is $20,000 or less, not counting interest, (3) the claim type isn't excluded (no defamation, no title to real estate, no divorce, no class actions, no suits on behalf of the State), (4) Texas has venue under Civil Practice and Remedies Code Chapter 15, and (5) you're old enough and mentally competent to bring the case.

Cases small claims can hear in Texas

Cases small claims can hear in Texas include unpaid invoices, breach of small contracts, security deposit refunds, property damage from car accidents or negligence, bad checks, consumer protection claims under the Deceptive Trade Practices Act (DTPA), unpaid wages, breach of warranty on goods, conversion of personal property, and tenant repair and remedy actions under Rule 509. Justice courts also handle small debt claims under Rule 508, which is the procedure debt buyers and collection agencies must use.

Cases small claims cannot hear in Texas

Cases small claims cannot hear in Texas include eviction suits seeking possession (those go on the separate eviction docket under Rule 510), divorce, child custody, child support, probate and estate administration, defamation (libel or slander), suits to try title to real estate or enforce real property liens, general injunctions and specific performance, class actions, suits on behalf of the State for penalty or forfeiture, and matters of exclusive federal jurisdiction like bankruptcy or patents. The statutory exclusions are in Texas Government Code § 27.031.

Who can sue and who can be sued?

Anyone who sues or is sued in Texas small claims must be a legal person or entity. Individuals must be 18 or older and mentally competent, or sue through a parent or guardian. Businesses can sue and be sued under their registered legal name. Debt buyers and collection agencies must file under the Rule 508 Debt Claim procedure and attach proof of the debt and the chain of assignments. Government defendants require special pre-suit notice under the Texas Tort Claims Act (see Section 4).

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, the other side can usually force the dispute into arbitration under the Texas Arbitration Act or the Federal Arbitration Act. The justice court will generally grant a motion to compel arbitration. Many modern consumer contracts include a carve-out that lets either side use small claims court despite the arbitration clause. Read the clause carefully. If your contract has a small claims carve-out, the justice court will respect it.

Texas does not impose an annual cap on how many small claims you can file. But you cannot split one dispute into multiple cases to get around the $20,000 limit. Claim-splitting is prohibited, and if you try it, the second case will be dismissed under already-decided rules.

3. How long do you have to sue? Statute of limitations in Texas

In Texas, you generally have 4 years to sue on a written contract, 4 years on an oral contract, 2 years for property damage, and 2 years for personal injury. The clock starts on the date of breach or injury, except for fraud and latent injuries, where the clock starts when you discovered (or should have discovered) the harm. Miss the deadline and the case is dismissed.

When the clock pauses or resets in Texas

The Texas limitations clock pauses or resets in several specific situations. The clock is tolled while the plaintiff is a minor or has been declared mentally incapacitated. It is tolled while the defendant is absent from Texas. The discovery rule delays the start for fraud and latent injuries. Fraudulent concealment by the defendant pauses the clock. A partial payment or a written acknowledgment of a debt resets the clock on contract and debt claims. Active military service tolls the clock under the federal Servicemembers Civil Relief Act (SCRA). Filing in the wrong court gives you a 60-day refiling window under Civil Practice and Remedies Code provisions.

What happens if you miss the deadline

If you miss the Texas statute of limitations, the defendant can file a plea raising the limitations defense, and the case will be dismissed. Limitations is an affirmative defense, so the defendant has to raise it. They almost always do. Don't count on the defendant missing it. File before the deadline. If you're close to the deadline, file first and worry about polishing your case later.

4. Before you file: demand letter and required notices

A demand letter is not required for every claim in Texas small claims, but several specific claim types do require pre-suit notice. The Deceptive Trade Practices Act (DTPA) requires 60 days' written notice by certified mail before filing. To recover attorney's fees on a contract claim, you usually must give 30 days' presentment under Civil Practice and Remedies Code § 38.002. Bad-check claims traditionally require a 30-day demand. Government defendants require notice within 6 months under the Texas Tort Claims Act, and many cities require shorter notice (30 to 90 days).

Even when not required, send a demand letter. Judges expect it. It shows you tried to resolve the dispute, which helps your case and can support a fee award. Send by certified mail with return receipt requested, and keep the green card and your copy.

Do you need a demand letter in Texas?

A demand letter in Texas is required for certain claim types and strongly recommended for the rest. Required by statute: DTPA claims (60 days, certified mail under Tex. Bus. & Com. Code § 17.565), bad-check civil claims (30 days), contract claims where you want attorney's fees (30-day presentment under Tex. Civ. Prac. & Rem. Code § 38.002), residential construction defect claims (60 days), and certain medical malpractice and Insurance Code claims (60 days). For most other claims, no statute requires a demand letter, but judges expect to see one.

What to include in a Texas demand letter

A Texas demand letter should include the exact dollar amount you're claiming, the basis for the claim (contract, debt, injury, etc.), the dates and facts that gave rise to the dispute, a clear demand for payment or cure, a deadline to respond (typically 14 to 30 days), and references to the documents you rely on (invoice numbers, contract dates, check numbers). Keep it professional. Don't threaten anything you wouldn't actually do.

Pre-suit notice for special claim types

Pre-suit notice in Texas is required for DTPA claims, attorney's fee contract claims, certain insurance disputes, construction defect claims, medical malpractice claims, and government defendants. The DTPA notice must go by certified mail and give the defendant 60 days to settle or make a written offer. If you skip the DTPA notice, the defendant can get the case abated (paused) until you cure the problem. Attorney's fee presentment under § 38.002 must be made at least 30 days before filing.

How to sue a city or county in Texas

To sue a city or county in Texas, you must give written notice of your claim under the Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code § 101.101. The state-level deadline is 6 months from the incident. Many cities have shorter deadlines in their charters, sometimes as short as 30 to 90 days. Check the defendant city's charter before you do anything else. Send the notice to the city secretary or the county clerk. Missing the notice deadline usually bars the case completely.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally. An individual is named by full legal name. A sole proprietor is named by the owner's name with "d/b/a" plus the business name. A corporation or LLC is named by its exact registered name as filed with the Texas Secretary of State. Misnaming a corporate defendant is the most common reason small claims judgments cannot be collected. Look up the business entity at the Texas Secretary of State (SOSDirect or the free taxable-entity search at comptroller.texas.gov) before filing.

How to find a business's legal name in Texas

To find a business's legal name in Texas, use the Texas Secretary of State SOSDirect search or the Texas Comptroller's free taxable-entity search. Both let you search by business name and show the exact legal name, registered agent, mailing address, and entity status. For a sole proprietor or partnership doing business under an assumed name, search the county clerk's assumed name (DBA) records in the county where the business operates.

How to name an LLC or corporation

An LLC or corporation in Texas is named by its exact registered legal name, including suffix (Inc., Corp., L.L.C., LLC, etc.). Example: "Acme Plumbing Services, LLC." Do not abbreviate, do not use the trade name, and do not use the owner's personal name. Serve the registered agent listed in the Secretary of State record. If you cannot find a registered agent (or the entity is a foreign company without one), you can serve through the Texas Secretary of State for a $55 fee.

How to name a sole proprietor or DBA

A sole proprietor in Texas is named by the owner's full legal name, followed by "d/b/a" and the business name. Example: "Jane Smith d/b/a Smith's Yard Care." A sole proprietor has no separate legal existence from the owner, so you sue the owner personally and reference the business name. Look up the DBA filing in the county clerk's assumed name records to confirm the owner.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can file an amended petition with the correct name. If the defendant has not yet been served, the clerk will simply issue a new citation under the corrected name. If service already happened, you may need to re-serve. Do this fast. If the limitations period has run between your original filing and the discovery of the right name, you can sometimes use a misnomer correction if the right defendant got actual notice. Talk to the clerk about how your county handles this.

6. The forms you need to file in Texas

Texas requires a Justice Court Civil Case Information Sheet plus a Small Claims Petition (Plaintiff's Original Petition) to start a justice court case. The court issues the citation (summons) after you file. Optional but common forms include a Statement of Inability to Afford Payment of Court Costs (fee waiver), a service request, and a jury demand. Most counties publish their own fillable PDFs, and the state library at sll.texas.gov links to them.

Which forms open the case?

The forms that open a Texas small claims case are the Civil Case Information Sheet and the Small Claims Petition. The petition states who you are, who the defendant is, what happened, and how much you want. The clerk issues a citation after you file. If you want service by certified mail through the clerk, by constable, or by private process server, say so on a service request.

Which forms does the defendant file?

The forms the defendant files in Texas are an Answer (which can be a simple letter or a one-page denial), and optionally a Counterclaim if the defendant wants to assert their own claim. The Answer must be filed by the Monday after 14 days from the date of service. If the defendant wants a jury, they file a written jury demand and pay the $22 fee.

How to fill out the Texas claim form

To fill out the Texas claim form, you fill in your name and address as plaintiff, the defendant's full legal name and address, a short statement of what the defendant did wrong, the dollar amount you're claiming, and a brief description of how you calculated it. Attach copies of supporting documents (contracts, invoices, photos). Sign and date the petition. Keep one copy for yourself and bring it to the clerk.

What if you can't afford the filing fee?

If you can't afford the Texas filing fee, you file a Statement of Inability to Afford Payment of Court Costs. This is a sworn affidavit that explains why you can't pay. The form lists income, expenses, government benefits (SNAP, TANF, SSI, Medicaid), and assets. If you receive means-tested benefits, you almost always qualify. The clerk reviews the affidavit. If approved, the court waives the filing fee, service fee, and other court costs.

7. Where to file, and how (in person, mail, e-file)

File in the Justice of the Peace Court for the county and precinct where the defendant lives, where the events happened, where the contract was performed, or where the personal property is located. If the defendant has no Texas residence or you don't know where they live, you can file in your own county and precinct. Texas accepts filings in person, by mail, by drop box, and through the eFileTexas portal at efiletexas.gov. Most counties process filings within a few business days, and the trial date is usually set 2 to 3 months out.

Which county do you file in?

The county you file in is set by Texas Civil Practice and Remedies Code Chapter 15. You can file in: (1) the county and precinct where the defendant resides, (2) the county where the events giving rise to the claim happened, (3) the county where a contract was to be performed, (4) the county where personal property is located if you're trying to recover it, or (5) if there are multiple defendants in different counties, the county where any one of them resides. If the defendant has no Texas residence, you may file in your own county and precinct.

How to file in Texas small claims

To file in Texas small claims you can walk into the JP clerk's office during business hours with your petition, civil case information sheet, and filing fee. You can also mail the documents with a check (call the clerk first for the exact payee). Many counties have a drop box for after-hours filing. Make at least one extra copy of everything for your records.

How to e-file in Texas

To e-file in Texas, create an account at efiletexas.gov, choose an Electronic Filing Service Provider (EFSP), and upload your petition and case information sheet as PDFs. The portal forwards your filing to the correct justice court. You pay the filing fee by credit card. E-filing is allowed in most JP courts but not strictly required for self-represented filers in JP cases. Attorneys must e-file.

What happens if you file in the wrong county?

If you file in the wrong county in Texas, the defendant can file a Motion to Transfer Venue, and the court will move the case to a proper county. You don't lose the case, but you waste time. If the limitations period runs out while your case is in the wrong court, Texas gives you a 60-day window to refile in the correct court without losing your filing date.

8. Filing fees, service fees, and fee waivers in Texas

The base statewide filing fee for a Texas small claims case is $54. Counties typically add local fees (indigent legal services fee, ADR fee, county records fee), so the total at filing usually runs $70 to $85. Service of process is extra: about $75 for constable or sheriff service, around $15 for certified mail through the clerk, and roughly $85 for a private process server. If you can't afford the fees, file a Statement of Inability to Afford Payment of Court Costs. Filing fees are recoverable as court costs if you win.

How much does it cost to file in Texas?

Filing a Texas small claims case costs about $70 to $85 in most counties. The statewide base fee is $54. Counties add fees for indigent legal services, alternative dispute resolution, county records, and similar items, so the actual total at the clerk's window is higher. Call the JP clerk for the exact amount before you go.

How much does service cost?

Service in Texas costs about $15 (certified mail through the clerk), $75 (constable or sheriff), $85 (private process server), or $55 (service through the Texas Secretary of State). Costs vary by county and by server. Add these to your filing fee when you budget. The jury demand fee is $22, paid separately if you or the defendant wants a jury.

Can you get the filing fee waived?

You can get the Texas filing fee waived by filing a Statement of Inability to Afford Payment of Court Costs. This sworn affidavit lists your income, household expenses, government benefits, and assets. If you receive SNAP, TANF, SSI, or Medicaid, or your income is below the threshold, you almost always qualify. The waiver covers filing fees, service fees, and other court costs. The defendant can challenge it, but contests are rare.

Are filing fees recoverable if you win?

Filing fees in Texas are recoverable if you win the case. The court adds court costs to your judgment automatically when it enters judgment in your favor. Court costs include the filing fee, service fees, subpoena fees, and writ issuance fees. Recovering them is another story: you have to collect them along with the rest of your judgment, which can be hard.

9. Serving the defendant in Texas

Texas allows six methods to serve a small claims defendant: constable or sheriff personal service, certified mail through the clerk, a private certified process server, substituted service by court order, service by publication, and service through the Texas Secretary of State for certain out-of-state defendants. The clerk arranges service for you in most counties. The defendant has until the Monday after 14 days from service to file an Answer. Proof of service must be on file before the case can proceed to default.

Service by sheriff or constable

Service by sheriff in Texas is the standard method and usually costs about $75. After you file and request constable service, the clerk forwards the citation and your petition to the constable for the defendant's precinct (or the sheriff in some counties). The officer attempts personal delivery to the defendant. After service, the officer files a return of service with the date, time, and manner of service. Most attempts are completed within 7 to 14 days.

Service by certified mail

Service by certified mail in Texas is performed by the clerk on your request and costs about $15. The clerk sends the citation and petition by certified mail with return receipt requested. Service is effective only if the defendant (or someone authorized) signs the green return receipt card. If the envelope comes back unclaimed or refused, certified mail service has failed and you must try another method.

Service by private process server

Service by a private process server in Texas requires the server to be certified by the Texas Judicial Branch Certification Commission. Cost is typically around $85 and varies by server and county. The server delivers the citation and petition personally to the defendant, then files an affidavit of return with the court. Private servers are useful when the defendant is hard to find or when you need flexibility on timing.

Court-ordered alternate or substituted service

Court-ordered alternate service in Texas is allowed when personal service has failed despite due diligence. You file a motion supported by an affidavit describing your attempts. The court can authorize substituted service, commonly "nail and mail" (posting the papers on the defendant's door plus mailing a copy). Some Texas courts have approved electronic service by email or social media in specific cases when the plaintiff shows the method will reach the defendant.

Service by publication

Service by publication in Texas is a last resort that requires a court order, a sworn affidavit showing diligent attempts to find the defendant, and publication of the citation in an approved newspaper. Newspaper fees commonly run $50 to $300 or more. The court may require a publisher's affidavit and may appoint a guardian ad litem before allowing a default judgment based on publication service. Use it only when no other method works.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in Texas, you have options. A private process server can attempt service at unusual hours or at the defendant's workplace. If that fails after documented attempts, you can ask the court for substituted service (posting plus mailing). As a final option, you can ask for service by publication. Don't give up. Document every attempt, because the court will want to see your diligence.

Serving a military defendant

To serve a military defendant in Texas, you must follow the federal Servicemembers Civil Relief Act (SCRA). Before the court can enter a default judgment against any non-appearing defendant, you must file a Military Status Affidavit confirming whether the defendant is on active duty. You can check active-duty status free at the Department of Defense Manpower Data Center website. If the defendant is on active duty, the SCRA may pause the case until they return.

10. The defendant's response

After service, the defendant in Texas has until the Monday next following 14 days from the date of service to file a written Answer. The Answer can be a short letter to the clerk denying the claim. The defendant may also file a Counterclaim asserting their own claim against the plaintiff, up to the $20,000 cap. If the defendant files nothing by the deadline, the plaintiff can ask for a default judgment.

How long does the defendant have to respond?

The defendant in Texas has until the Monday next following the expiration of 14 days after service to file an Answer. So if you're served on a Tuesday, count 14 days, then go to the next Monday after that. If the defendant files nothing by that Monday, the plaintiff can apply for default the next day. This is the Rule 502.5 answer deadline.

What goes in the answer?

A Texas Answer must include the defendant's name, the case number, and a response to the plaintiff's claims (admitting, denying, or saying "I don't know"). It can also include affirmative defenses (such as statute of limitations, payment, or fraud) and any counterclaim. The Answer doesn't have to look like a formal legal pleading. A letter saying "I deny owing the plaintiff anything" is enough to avoid a default. Mail or e-file the Answer and serve a copy on the plaintiff.

Can the defendant counterclaim?

The defendant can counterclaim in Texas by filing a Counterclaim (sometimes called a Defendant's Claim) along with the Answer. The counterclaim states the defendant's own claim against the plaintiff, the facts, and the amount. The defendant pays a small filing fee for the counterclaim in most courts. The counterclaim is heard in the same trial as the plaintiff's claim, and the judge can offset the two awards against each other.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the Texas $20,000 cap, the justice court cannot grant relief above $20,000. The defendant has two practical options: reduce or waive the excess to keep the case in justice court, or seek to have the case transferred to county court or refiled in district court where higher amounts can be awarded. Talk to the clerk about local transfer procedures, which vary by county.

11. Preparing for and attending the hearing

Texas small claims hearings happen about 2 to 3 months after filing. They are informal bench trials before the JP, though either side can demand a jury for $22. Bring originals plus two copies of every exhibit (one for the judge, one for the other side), all your witnesses, and a 2 to 3 minute summary of your case. Justice court evidence rules are relaxed under TRCP Part V, so the judge has wide discretion to admit photos, texts, emails, and other informal proof. The judge usually rules from the bench or mails the judgment within a few days.

When does your hearing happen?

Your Texas small claims hearing happens about 60 days after the defendant files an Answer, give or take. Court rules require at least 45 days' notice of trial after an Answer is filed in many settings. Local dockets vary. Busy urban precincts in Harris, Dallas, Bexar, and Travis counties may take longer. Rural precincts can be faster.

How to prepare your case

To prepare your Texas small claims case, organize your story in chronological order. Write a 2 to 3 minute opening summary. List every fact you need to prove and which document or witness proves it. Make a damages calculation that adds up to the exact amount you're claiming. Anticipate what the defendant will say and prepare a one-sentence response to each likely defense. Practice out loud.

What evidence is admissible in Texas?

Evidence admissible in Texas small claims includes contracts, invoices, receipts, photos, text messages, emails, recordings, repair estimates, medical bills, and witness testimony. The formal Texas Rules of Evidence are relaxed in justice court, so the judge often admits things that wouldn't get in elsewhere. Authenticate documents by saying where they came from and when. Authenticate texts and emails by showing the sender's name or phone number plus dates. Texas is a one-party consent state for recordings, so if you were part of the conversation, you can record and use it. Electronic signatures are valid under Texas UETA.

How to subpoena a witness

To subpoena a witness in Texas, you ask the JP clerk to issue a subpoena. Provide the witness's name and address, and the date and place of the hearing. The clerk issues the subpoena, and you arrange for service (often by constable for a fee). Ask for the subpoena at least 7 to 14 days before the hearing to leave time for service. Witnesses can also be required to bring documents (subpoena duces tecum). Witness fees in Texas are modest and required by statute.

Can you appear by phone or video?

Phone or video appearance in Texas small claims is allowed in many courts but not guaranteed statewide. Practice varies by county and judge. Some justice courts adopted permanent Zoom dockets after 2020. Others returned to in-person only. Call the clerk well before your hearing date to ask whether remote appearance is offered and how to request it. If it's not offered, you must appear in person or you risk a default or dismissal.

Continuances and what happens if you can't attend

A continuance in Texas small claims is granted at the judge's discretion for good cause shown. File a written motion as soon as you know you can't attend, explain why, and propose new dates. Last-minute requests rarely succeed unless there's a real emergency. If the plaintiff doesn't show up, the case is usually dismissed for want of prosecution (typically without prejudice, meaning you can refile). If the defendant doesn't show, the plaintiff can get a default judgment. If neither party shows, the case is dismissed.

12. Mediation, interpreters, and ADA accommodations

Texas offers free or low-cost court-annexed mediation through local Dispute Resolution Centers in most counties, often on or before the trial date. Interpreters are available, especially for Spanish, and other languages depending on county demand (Vietnamese, Mandarin, Arabic, Tagalog). Request an interpreter from the clerk in writing as early as possible, ideally at least 7 days before the hearing. Americans with Disabilities Act (ADA) accommodations are requested through the clerk's office or the courthouse ADA coordinator.

Is mediation available in Texas small claims?

Mediation in Texas small claims is widely available and often free. Many justice courts refer cases to local Dispute Resolution Centers for volunteer mediation before trial. Some counties make mediation mandatory for certain case types. Participation is otherwise voluntary, but settlement rates are high. Mediated settlements can be filed as agreed judgments, which are enforceable just like a trial judgment.

How to request a court interpreter

To request a court interpreter in Texas, you notify the JP clerk in writing as early as possible, ideally when you file or as soon as you get your hearing notice. Mention the language you need. Aim to give the court at least 7 days' lead time. Spanish interpreters are typically available statewide. Other languages may require more notice and may be handled by phone or video interpreter services.

How to request an ADA accommodation

To request an ADA accommodation in Texas, contact the JP clerk's office or the courthouse ADA coordinator (every county courthouse has one). Make the request in writing if possible, and as early as possible. Common accommodations include wheelchair-accessible courtrooms, sign-language interpreters, assistive listening devices, large-print documents, and remote appearance for medical reasons. Some counties have a short accommodation request form.

13. What you can recover (and statutory damages multipliers)

If you win in Texas small claims, you can recover the underlying damages, court costs (filing fee, service fees, subpoena fees, writ fees), and post-judgment interest. Texas did not specify a single statewide pre-judgment or post-judgment interest rate in the source materials reviewed; rates depend on the claim type and statute. Attorney's fees are recoverable only when a contract or statute authorizes them and you actually had a lawyer. Certain claims trigger statutory multipliers: bad-faith security deposit retention is up to three times the deposit plus $100, and DTPA knowing violations can be up to three times economic damages.

What costs are recoverable in Texas?

Costs recoverable in Texas include the filing fee, service fees (sheriff, constable, certified mail, private server), subpoena issuance fees, writ issuance fees, and other statutory court costs. The court adds these to your judgment automatically when you win. The jury fee is recoverable too if you demanded a jury and prevailed. Recoverable costs do not include your time, gas to court, or postage on demand letters.

How does interest work on Texas judgments?

Interest on Texas judgments runs at the statutory rate set by Texas Finance Code provisions, but the source materials did not include a single statewide percentage. Post-judgment interest is calculated as simple interest in Texas. Pre-judgment interest is available for some claim types (notably personal injury, wrongful death, and property damage) and is mandatory and simple for those. For contract claims, pre-judgment interest may follow the rate in the contract or a statutory default. Check the current judgment-rate publication from the Texas Consumer Credit Commissioner before you calculate.

When can you recover attorney's fees?

Attorney's fees in Texas small claims are recoverable when a statute or contract authorizes them and you actually paid (or owe) a lawyer. The main contract fee statute is Tex. Civ. Prac. & Rem. Code § 38.001, which allows fees on most written and oral contract claims, services rendered, labor performed, materials supplied, and similar. To recover under § 38.001, you must give 30 days' presentment under § 38.002 before filing. Other fee-shifting statutes include the DTPA, landlord-tenant statutes, and various insurance and consumer protection laws.

Statutory damages multipliers in Texas

Texas statutes that multiply damages in small claims include the residential security deposit statute (Tex. Prop. Code § 92.109), which awards three times the deposit plus $100 plus attorney's fees when the landlord retains the deposit in bad faith. The DTPA (Tex. Bus. & Com. Code § 17.50(b)(1)) allows up to three times economic damages for knowing or intentional violations. The Texas Insurance Code § 541.152 allows up to three times actual damages for knowing insurance violations. The Telemarketing statute (§ 305.053) gives $500 per violation, tripled to $1,500 for willful violations.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in Texas doesn't file an answer by the Monday following 14 days after service, you can apply for a default judgment. File a Motion for Default Judgment and attach proof of service (return of citation), a Military Status Affidavit confirming the defendant is not on active duty under the SCRA, and a damages calculation. If your damages are a fixed sum supported by documents (a liquidated claim), the court may enter judgment on the papers. If your damages are unliquidated, the court will hold a short prove-up hearing.

When can you ask for a default judgment in Texas?

You can ask for a default judgment in Texas after the defendant's answer deadline passes (the Monday next following 14 days after service) and no answer is on file. Proof of service must already be in the court file. If the citation was returned by certified mail with no signed green card, you cannot default. The same is true for citation returned unserved.

What you file to get a default

To get a default in Texas, you file a Motion or Request for Default Judgment with a proposed judgment, a Military Status Affidavit (SCRA check), and a damages affidavit or supporting documents. If your damages are unliquidated (such as pain and suffering or unspecified property damage), the court schedules a brief prove-up hearing where you put on evidence. If your damages are liquidated and proven by your attached documents, the court can sign the default without a hearing.

Can the defendant vacate a default in Texas?

A defendant can vacate a Texas default by filing a Motion to Set Aside the Default or a Motion for New Trial, typically within 14 days under Rule 505.3(c) for justice court defaults. The defendant must show that the failure to answer was not intentional or the result of conscious indifference, that they have a meritorious defense, and that setting aside the default will not unfairly prejudice the plaintiff (the Craddock test, adapted for JP court). Late-filed motions usually fail.

15. Appealing a small claims judgment in Texas

In Texas, either party can appeal a justice court judgment to the county court at law within 21 days of the judgment. The appeal is a trial de novo, which means a brand-new trial in the county court (the case starts over, not just a review of the JP record). To perfect the appeal, file a notice of appeal and post an appeal bond or cash deposit. The bond amount is set by the JP. Filing fees and procedural rules in the county court are stricter, and attorneys are typically more common at this level.

Who can appeal and when?

Either party in Texas small claims can appeal within 21 days of the judgment. There's no requirement to show error or grounds. If you lost (in whole or in part) and you act fast, you get a second shot at the case in county court. The 21-day clock starts when the judgment is signed, not when you find out about it.

What kind of appeal is it?

An appeal in Texas small claims is a trial de novo, meaning a brand-new trial in county court. The county court does not review the JP's decision for error. It re-hears the case from scratch with new evidence, new witnesses, and a new judge. Whatever happened in justice court does not control the outcome on appeal. Either side can present new theories or new witnesses.

What does an appeal cost?

An appeal in Texas costs the appeal filing fee in county court (varies by county, typically $200 to $300), plus the appeal bond. The appeal bond is set by the JP to cover the judgment plus estimated costs on appeal. If you can't afford the bond, you can file a Statement of Inability to Afford Payment of Court Costs and request to appeal without paying. If granted, you appeal as an indigent party.

Does an appeal stop collection?

An appeal stops collection in Texas when the appeal bond is posted and the appeal is perfected. The judgment is not final until the appeal is resolved, so the winning party cannot execute, garnish, or levy. If you appeal as an indigent party without a bond, collection is also stayed. If neither party appeals within 21 days, the judgment becomes final and collection begins.

16. Collecting your judgment in Texas

Winning is half the battle, and Texas does not collect for you. After the 21-day appeal window closes, you can record an abstract of judgment to create a lien on the debtor's real property, get a writ of execution to levy non-exempt assets, garnish bank accounts (but not consumer wages, which Texas protects), and order the debtor to appear for an asset examination. Texas judgments are good for 10 years and renewable. Texas exemptions are unusually generous, so collection takes patience.

16.1 Wait for the appeal window to close

The appeal window in Texas is 21 days from the date the judgment is signed. During this window, the judgment is not final and you cannot execute. As soon as the 21 days pass without an appeal, the judgment becomes final and enforceable. Mark the date on your calendar. Don't try to collect before the window closes, or your collection efforts will be reversed.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in Texas is a clerk-issued document that you record with the county clerk in any county where the debtor owns real property. Once recorded, the abstract creates a judgment lien on the debtor's non-exempt real property in that county. The lien lasts 10 years from recording and is renewable. The homestead is exempt from the lien, but other real estate (rental property, undeveloped land, second homes) is fair game.

16.3 Writ of execution

A writ of execution in Texas authorizes a constable or sheriff to seize and sell the debtor's non-exempt personal property to satisfy the judgment. You request the writ from the justice court clerk, then deliver it to the constable along with information about where the property is. The constable levies, posts notice of sale, and conducts a public auction. Proceeds go to satisfy the judgment after costs. Most personal property is exempt in Texas (see 16.10), so writs of execution often produce little.

16.4 Wage garnishment

Wage garnishment for consumer debts in Texas is prohibited by the Texas Constitution (Article XVI, § 28). You cannot garnish wages for breach of contract, credit card debt, personal loans, or most small claims judgments. The only debts that allow Texas wage garnishment are court-ordered child support, court-ordered spousal maintenance, federally guaranteed student loans, and certain federal tax debts. This is one of the most consequential collection rules in the state. If your debtor is a wage earner with no other assets, your judgment may be hard or impossible to collect.

16.5 Bank levy or account garnishment

A bank levy in Texas works by filing an Application for Writ of Garnishment in court, naming the debtor's bank as the garnishee. The court issues a writ that you serve on the bank. The bank freezes any account up to the judgment amount and reports what's there. The debtor can claim exemptions for Social Security, Veterans Affairs, retirement, and other protected funds. If the funds are not exempt, the court orders the bank to pay them to you. This is one of the few collection tools that often works in Texas.

16.6 Debtor's examination

A debtor's examination in Texas is a court-ordered hearing where the judgment debtor appears under oath to answer questions about their assets, income, bank accounts, real estate, and employment. You request the exam through a post-judgment discovery motion. If the debtor doesn't show up, the court can hold them in contempt. The exam often reveals bank accounts, vehicles, and other property you didn't know about, which you can then target with a writ or garnishment.

16.7 Satisfaction of judgment

A satisfaction of judgment in Texas is filed when the debtor pays the judgment in full. The judgment creditor (you) signs a Satisfaction or Release of Judgment and files it with the JP clerk. If you recorded an abstract, you also file a release with the county clerk to remove the lien. Filing satisfaction is required and protects the debtor's credit. Don't skip it after you've been paid.

16.8 Judgment renewal

A Texas judgment is valid for 10 years and renewable by writ of scire facias or by filing a new action on the judgment before the 10 years expire. If you let the 10-year period lapse without action, the judgment becomes dormant and may be barred from further enforcement. To renew, file the renewal action in the same court before the deadline, and the 10-year clock starts over.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the judgment by filing an authenticated copy of the Texas judgment in the other state under the Uniform Enforcement of Foreign Judgments Act (UEFJA). Conversely, to collect a non-Texas judgment in Texas, file an authenticated copy with a Texas court, give the debtor the statutory notice, and after the notice period the foreign judgment is enforced as a Texas judgment. Texas has adopted UEFJA, so the process is straightforward in most cases.

16.10 What's exempt from collection in Texas

Texas protects the following property from collection through unusually generous exemptions. The homestead (primary residence) is exempt with no dollar cap, subject to acreage limits (up to 10 contiguous acres urban, up to 200 acres rural for a family). The personal property aggregate exemption is $50,000 for a single adult and $100,000 for a family, and it covers many household items, vehicles, tools of trade, and jewelry. Retirement accounts (IRAs, 401(k)s, pensions) are fully exempt. Social Security and Veterans Affairs benefits are exempt under federal law. Texas exemptions are among the strongest in the country.

17. State-specific quirks and pitfalls in Texas

Texas has several rules that surprise filers. Consumer wages cannot be garnished for ordinary small claims judgments, which guts a major collection tool. The DTPA requires 60 days' certified-mail notice before filing or the case can be paused. Justice courts cannot award equitable relief, cannot try title to real estate, and cannot hear defamation cases. The most consequential is the wage garnishment ban: if your debtor is a wage earner with no bank account and no real property, collection in Texas can be nearly impossible.

No separate small claims court since 2013. Small claims are filed in regular JP courts under TRCP Rules 500 to 510. The court is the Justice of the Peace Court. Don't search for "small claims court" as a separate entity. It doesn't exist anymore.

Wage garnishment ban for consumer debts. Article XVI, § 28 of the Texas Constitution protects wages from garnishment for most debts. Exceptions are narrow (child support, spousal maintenance, student loans, federal tax). Plan your collection strategy around bank levies, liens on non-homestead real estate, and writs of execution on non-exempt property.

DTPA 60-day notice. Private DTPA plaintiffs must give 60 days' written notice by certified mail before filing under Tex. Bus. & Com. Code § 17.565. Skip the notice and the defendant can move to abate (pause) the case until you cure.

Attorney's fee presentment. To recover attorney's fees on a contract claim under § 38.001, you must give 30 days' presentment under § 38.002. Send a written demand by certified mail at least 30 days before filing.

Debt buyers must use Rule 508. Debt buyers and collection agencies cannot use generic small claims procedures. They must file under Rule 508 (Debt Claim) and attach documentation including the sworn account and proof of every assignment.

Trial de novo appeal. An appeal to county court is a brand-new trial. Whatever happened in JP court is wiped. Don't treat the JP trial as a dress rehearsal, but know the appellate option exists if you lose.

Homestead is fully exempt with no dollar cap. A Texas debtor's primary residence is shielded from a small claims judgment regardless of value (subject to acreage limits). Recording an abstract of judgment does not create a lien on the homestead.

SCRA affidavit required for default. Before any default judgment, you must file a Military Status Affidavit confirming the defendant is not on active duty. The Department of Defense's free SCRA lookup site provides the report you need.

Bad-faith security deposit penalties. Tex. Prop. Code § 92.109 awards three times the deposit plus $100 plus attorney's fees for residential landlord bad faith. Tenants suing for security deposits should always plead the statute.

Claim splitting prohibited. You cannot split one cause of action into multiple JP suits to evade the $20,000 cap. The second case will be dismissed under already-decided rules.

Local variation. Every county and many precincts have their own forms, fee schedules, and ADR practices. Always call the JP clerk before you file. What works in Harris County may not work in Lubbock County.

18. Sources and citations

1. Texas State Law Library — Small Claims Jurisdiction (FAQ). sll.texas.gov. https://www.sll.texas.gov/faqs/small-claims-jurisdiction/. Cited for: general small claims jurisdiction; $20,000 cap.

2. Texas Judicial Branch — About Texas Courts (Justice Courts). txcourts.gov. https://www.txcourts.gov/about-texas-courts/trial-courts.aspx. Cited for: role of Justice of the Peace courts; case categories.

3. Texas Government Code § 27.031 (FindLaw). findlaw.com. https://codes.findlaw.com/tx/government-code/gov-t-sect-27-031. Cited for: $20,000 jurisdictional statute; statutory exclusions.

4. Texas State Law Library — Small Claims guide. sll.texas.gov. https://guides.sll.texas.gov/small-claims. Cited for: case categories; procedural rules; TRCP Part V (Rules 500–510).

5. Harris County JP Court — About Small Claims/Debt Claims. jp.hctx.net. https://www.jp.hctx.net/suits/about.htm. Cited for: debt claim category; assignee restrictions.

6. Harris County JP — Civil/Small Claims information. jp.hctx.net. https://www.jp.hctx.net/civil/about.htm. Cited for: jurisdictional limits; recent statutory changes.

7. Texas Civil Practice & Remedies Code Chapter 15 — Venue. statutes.capitol.texas.gov. https://statutes.capitol.texas.gov/docs/cp/htm/cp.15.htm. Cited for: venue rules.

8. Texas State Law Library — Small Claims Filing Information. sll.texas.gov. https://guides.sll.texas.gov/small-claims/filing-information. Cited for: venue options; precinct details.

9. Texas Rules of Civil Procedure Part V (Justice Court Rules). sll.texas.gov. Cited for: TRCP Rules 500–510 governance of JP procedure.

10. Texas Civil Practice & Remedies Code Chapter 16 — Statutes of Limitations. statutes.capitol.texas.gov. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm. Cited for: SOL table entries.

11. Texas Business & Commerce Code § 3.118. law.onecle.com. https://law.onecle.com/texas/business/3.118.html. Cited for: promissory note 6-year limitations.

12. Texas Business & Commerce Code § 17.565 (DTPA). law.onecle.com. https://law.onecle.com/texas/business/17.565.html. Cited for: DTPA 60-day notice; 2-year limitations.

13. Texas statute of limitations compilation. freenetlaw.com. https://freenetlaw.com/statute-of-limitations/texas/. Cited for: supporting accrual and tolling explanations.

14. Texas Civil Case Information Sheet. txcourts.gov. https://www.txcourts.gov/media/1443944/civil-case-info-sheet.pdf. Cited for: required case information sheet form.

15. Statement of Inability to Afford Payment of Court Costs. txcourts.gov. https://www.txcourts.gov/media/1443454/Statement%20of%20Inability%20to%20Afford%20Payment%20of%20Court%20Costs.pdf. Cited for: fee waiver affidavit form.

16. Texas Judicial Branch main site. txcourts.gov. https://www.txcourts.gov. Cited for: e-filing policy; general court system information.

17. eFileTexas portal. efiletexas.gov. https://www.efiletexas.gov. Cited for: e-filing procedure and EFSP access.

19. Frequently asked questions

What is the maximum amount you can sue for in Texas small claims court?

The maximum amount you can sue for in Texas small claims is $20,000, not counting interest. The cap is set by Texas Government Code § 27.031 and applies to all justice court money claims, including small claims, debt claims, and repair and remedy. If your damages exceed $20,000, file in county court at law or district court instead.

How much does it cost to file a small claims case in Texas?

It costs about $70 to $85 to file a Texas small claims case in most counties. The statewide base filing fee is $54. Counties add local fees for indigent legal services, ADR, and county records. Service of process is extra: roughly $15 for certified mail, $75 for constable service, and about $85 for a private process server.

How long do I have to sue in Texas small claims?

You have between 1 and 6 years to sue in Texas, depending on the claim. Written and oral contracts: 4 years. Property damage and personal injury: 2 years. Promissory notes: 6 years. Defamation: 1 year. Bad checks: 3 years. The clock generally starts when the breach or injury happened, or when you discovered the harm for fraud and latent injuries.

Do I need a lawyer for Texas small claims court?

You do not need a lawyer for Texas small claims court. Attorneys are allowed but not required. The procedure is informal under TRCP Part V and designed for self-represented parties. Hiring a lawyer is worth considering when your claim is close to the $20,000 cap, when there's a complex contract, or when you need to recover attorney's fees and the statute or contract allows them.

Can a business sue or be sued in Texas small claims?

A business can sue or be sued in Texas small claims using its exact registered legal name. LLCs and corporations are named by the name on file with the Texas Secretary of State. Sole proprietors are named by the owner's full name plus the DBA. Businesses can appear through an employee, officer, or attorney. The business does not have to hire a lawyer.

How do I serve the defendant in Texas?

To serve the defendant in Texas, you choose one of six methods: certified mail through the clerk, constable or sheriff personal service, a private process server, substituted service (by court order), publication (last resort), or service through the Texas Secretary of State for certain out-of-state defendants. The clerk usually arranges service. Proof of service must be filed before the case can proceed.

How long does it take to get a hearing in Texas small claims?

It takes about 2 to 3 months to get a hearing in Texas small claims, depending on the county and docket. Justice court rules require at least 45 days' notice of trial after the defendant files an Answer in many settings. Busy urban precincts may take longer. Some rural precincts are faster.

What happens at a Texas small claims hearing?

At a Texas small claims hearing, you give a short opening statement, present your evidence, call your witnesses, and answer questions from the judge. The defendant does the same. Evidence rules are relaxed. The hearing is a bench trial unless someone demanded a jury. Most hearings take 30 minutes to an hour. The judge usually rules from the bench or mails the judgment within a few days.

What if the defendant doesn't show up in Texas?

If the defendant doesn't show up in Texas, the court can enter a default judgment for the plaintiff. The plaintiff must show that service was completed and file a Military Status Affidavit confirming the defendant is not on active duty. If damages are liquidated and documented, the court enters judgment on the papers. If damages are unliquidated, the court holds a brief prove-up hearing.

What if I miss my Texas small claims hearing?

If you miss your Texas small claims hearing as the plaintiff, the case is usually dismissed for want of prosecution (typically without prejudice, meaning you can refile). If you miss it as the defendant, the plaintiff gets a default judgment. Either side can file a Motion for New Trial within 14 days to ask the court to set the case for a new hearing, but you must show a good reason.

Can I appeal a Texas small claims judgment?

You can appeal a Texas small claims judgment to the county court at law within 21 days. The appeal is a trial de novo, meaning the case is heard fresh in the county court. Either side can appeal. You must file a notice of appeal and post an appeal bond (or file a Statement of Inability to Afford Payment of Court Costs). Filing the appeal stays collection.

How do I collect a Texas small claims judgment?

To collect a Texas small claims judgment, wait 21 days for the appeal window to close, then record an abstract of judgment to create real property liens, request a writ of execution for non-exempt personal property, file for a bank garnishment, and order the debtor to a debtor's exam. Texas does not allow wage garnishment for consumer debts, so plan around that limit.

Can I garnish wages in Texas?

You generally cannot garnish wages in Texas for small claims judgments. The Texas Constitution (Article XVI, § 28) protects wages from garnishment for most debts. The narrow exceptions are court-ordered child support, court-ordered spousal maintenance, federally guaranteed student loans, and certain federal tax debts. If your debtor is a wage earner with no other assets, your judgment may be hard to collect.

How long is a Texas small claims judgment valid?

A Texas small claims judgment is valid for 10 years from the date of judgment. It can be renewed before the 10-year period expires by writ of scire facias or by filing a new action on the judgment. Recorded abstracts of judgment also last 10 years from recording and can be renewed. If you let the 10 years lapse, the judgment becomes dormant.

Can I sue a city or government agency in Texas small claims?

You can sue a city or government agency in Texas small claims, but you must give pre-suit notice under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101). The state deadline is 6 months from the incident, and many city charters require shorter notice (30 to 90 days). Sovereign immunity also limits the types of claims you can bring. Check the city's charter before filing.

Do I have to send a demand letter before filing in Texas?

You do not have to send a demand letter before filing most Texas small claims cases. Some claim types require pre-suit notice: DTPA (60 days, certified mail), bad checks (30 days), contract claims for attorney's fees (30-day presentment under § 38.002), construction defect (60 days), and government defendants (6 months under the Texas Tort Claims Act). Even when not required, judges expect to see a demand letter.

What forms do I need to file in Texas small claims?

You need a Civil Case Information Sheet and a Small Claims Petition (Plaintiff's Original Petition) to file in Texas. The court issues a citation after you file. You may also need a service request, a Statement of Inability to Afford Payment of Court Costs (if you can't pay), and a jury demand if you want a jury. Forms are available at sll.texas.gov and on county JP court websites.

Can I file Texas small claims online?

You can file Texas small claims online through eFileTexas at efiletexas.gov. Create an account, choose an Electronic Filing Service Provider (EFSP), and upload your petition as a PDF. The portal forwards your filing to the correct justice court. Attorneys must e-file. Self-represented filers can usually choose between e-filing, mail, drop box, or in person.

Does Texas small claims have a jury?

Texas small claims has a jury option. Either party can demand a jury by filing a written jury demand and paying the $22 jury fee. The jury in justice court is six people. Most small claims are tried to the judge alone (a bench trial). Jury demands are unusual but can be effective when the case involves disputed facts that depend on credibility.

What's the Texas security deposit penalty?

The Texas security deposit penalty for a residential landlord's bad-faith retention is three times the deposit, plus $100, plus reasonable attorney's fees under Tex. Prop. Code § 92.109. The tenant must prove the landlord acted in bad faith. The same penalty (three times the deposit plus $100) applies to commercial landlords under Tex. Prop. Code § 93.011. This is one of the most generous small-claims remedies in Texas.

20. When to call a lawyer (and disclaimer)

This guide is enough for routine cases: a security deposit refund, a small unpaid invoice, a breached contract under $20,000, a minor car accident, a consumer dispute, or a bad check. If you can read, follow directions, and show up on time, you can handle these yourself in a Texas justice court.

Consider hiring a lawyer when your claim is close to the $20,000 cap, when the statute of limitations is ambiguous, when the defendant is a government entity, when there's a complex business contract, when the defendant has good lawyers, when there's a real chance of appeal, or when collection will be hard (out-of-state debtor, multiple corporate layers, sophisticated debtor). A lawyer can also tell you when not to sue.

Low-cost legal help in Texas is available through Texas Legal Services Center, Lone Star Legal Aid, Legal Aid of Northwest Texas, and Texas RioGrande Legal Aid (the four main legal aid programs by region). The State Bar of Texas Lawyer Referral and Information Service connects callers to attorneys for short paid consultations. Many Texas law schools (UT, SMU, South Texas, Baylor, Houston, Texas Tech, St. Mary's) run civil clinics that take some pro-bono cases.

This page provides general legal information about Texas small claims procedure. It is not legal advice. Reading it does not create an attorney-client relationship. Laws change and individual cases vary. For advice on your specific situation, talk to a licensed Texas attorney.

This guide is general information about Texas small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Texas for advice about your specific situation.