Texas Small Claims Court Guide
Everything you need to know about filing a small claims case in Texas — dollar limits, filing fees, court locations, and step-by-step guidance.
Texas Quick Facts
Maximum Claim
$20,000
Filing Fee
$54
Court fees added to your case — not due today
Court
Justice Court (Small Claims Division)
Overview
Small Claims in Texas
Texas small claims court is handled by the Justice Courts and handles civil disputes where the amount claimed does not exceed $20,000, plus court costs. The court cannot award non-monetary relief, meaning it is strictly for money recovery. Texas's generous jurisdictional limit is among the higher in the nation, making it a powerful tool for resolving significant monetary disputes.
The filing fee in Texas is approximately $54, which is recoverable as a court cost if you prevail in your case. The informal proceedings are designed for self-represented litigants, and attorneys are not permitted to appear on behalf of parties in small claims court. The simplified rules of evidence make it practical for people without legal training.
Texas Justice Court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs, which are recoverable from the losing party. As certified mail service is frequently insufficient for these courts, private process service is often required.
To file, you must submit a petition form to the Justice Court serving the precinct where the defendant lives or where the dispute occurred. After filing, the court issues a citation for service on the defendant. The hearing is usually scheduled within 30 to 60 days, and the judge typically rules immediately.
Where to File
File in the Justice Court of the precinct where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Certified mail service is frequently insufficient for Texas Justice Courts. Service is typically completed by a private process server, sheriff, or constable. The defendant must be served at least 10 days before the hearing.
Statute of Limitations
Written contracts: 4 years. Oral contracts: 4 years. Property damage: 2 years. Personal injury: 2 years. Fraud: 4 years from discovery.
Appeal Rules
Either party may appeal to the County Court within 10 days. The case is retried de novo.
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