How to
How do you file a small claims case in Texas, and how much can you sue for?
Short answer
In Texas, small claims are heard in the justice court, for up to $20,000 not counting interest and court costs. You file a petition, usually in the county and precinct where the defendant lives, and pay the filing fee, $54 in the counties we checked, plus service. The defendant has 14 days after service to answer.
Quick guide
Does your case belong in a Texas justice court, and which kind is it?
1. What do you want the justice court to do?
How much, counting attorney fees but not interest or court costs?
Are you a lender, debt collector, collection agency, financial institution or debt buyer suing over a debt?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Key points
- Limit
- $20,000, excluding statutory interest and court costs but including attorney fees. Divorce, defamation and title to land are never heard here.
- Cost
- $54 to file in the Tarrant, Travis and Williamson county justice courts, plus $80 to $90 for each person served. A Statement of Inability can replace the fees.
- Answer
- The defendant answers by the end of the 14th day after being served; a default judgment can follow if no one answers.
- Appeal
- 21 days to appeal to county court for a new trial (trial de novo), if the judgment or amount in dispute exceeds $250.
Texas has no separate small claims court: small claims cases are filed in the county justice of the peace courts, called justice courts. The hearing is informal, "with the sole objective being to dispense speedy justice between the parties," the judge develops the facts and may question a witness or party, and no one has to have a lawyer. Since August 31, 2013, these cases follow rules made by the Texas Supreme Court. Tex. Gov't Code § 27.060 · Texas State Law Library
This page goes deeper on Texas only: the $20,000 limit and what a justice court cannot hear, the four kinds of justice court case, who can sue and speak for you, the right county and precinct, the petition and the fees in three counties, serving the citation, the 14-day answer, the trial, every deadline with a date calculator, the appeal to county court, collecting and what cannot be taken, and the deadlines to sue. For California, Florida and New York, see small claims court.
Small claims in Texas means the justice court
Every Texas county has justice of the peace courts, divided into precincts, and they hear small claims. Justice courts give a more informal setting than the higher courts, so people often represent themselves. They can also settle landlord and tenant disputes such as evictions and repairs. Texas State Law Library
- Simple rules. Formal pleadings other than the statement of the claim are not required, discovery is limited to what the judge permits, and the rules may not be so complex that a reasonable person without legal training would have difficulty understanding them.Tex. Gov't Code § 27.060(b), (d)
- The other rules mostly don't apply. The rest of the Texas Rules of Civil Procedure and the Rules of Evidence apply only when the judge decides a rule must be followed to keep the case fair, or when a law or the justice court rules say so.Tex. R. Civ. P. 500.3(e) (Texas State Law Library)
- Local rules. The justices of the peace in each county adopt local rules of administration, so check your court's website or ask the clerk.Tex. Gov't Code § 27.061
The $20,000 limit, and what a justice court cannot hear
A justice court hears civil matters in which the amount in controversy is not more than $20,000, exclusive of interest. County courts state it in full: the claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. The limit was last raised effective September 1, 2020. Tex. Gov't Code § 27.031(a)(1) · Tarrant County · Williamson County
A justice court does not have jurisdiction of:
- a suit for divorce;
- a suit to recover damages for slander or defamation of character;
- a suit for trial of title to land, or to enforce a lien on land;
- a suit by the state to recover a penalty, forfeiture or escheat.
Tex. Gov't Code § 27.031(b). Above $20,000, the case belongs in a county or district court, where procedure is much more formal. A corporation, though, does not need a lawyer in justice court. § 27.031(d)
Four kinds of justice court case: which one is yours?
Justice courts hear small claims cases, debt claim cases, repair and remedy cases and eviction cases, and each kind has its own rules. Some courts, such as the Williamson County justice court, want a case type information sheet with the petition. Tex. R. Civ. P. 500.3 (Texas State Law Library) · Williamson County
| If… | What to do | Good to know |
|---|---|---|
| Someone owes you money or property | A small claims case: money damages, civil penalties, personal property or other relief allowed by law, up to $20,000. | The rest of this page. |
| A lender, debt collector, collection agency, financial institution or debt buyer is suing over a debt | A debt claim case, up to $20,000. | If you are the one being sued, see a debt collector is after me. |
| Your landlord won't repair a condition that affects health or safety | A repair and remedy case under Property Code chapter 92, up to $20,000 including any repair order. | The hearing is set between the 6th and 10th day after the landlord is served. Prop. Code § 92.0563(d), (e) |
| You want a tenant or occupant out | An eviction case, filed in the precinct where the property is. | Unpaid rent up to $20,000 can be joined. See eviction notices. Civ. Prac. & Rem. Code § 15.084 |
Who can sue, who to sue, and who can speak for you
- You can represent yourself. An individual may represent himself or herself or be represented by an attorney; an authorized agent can act only in an eviction case. The court may let an unpaid family member or other person assist you.Tex. R. Civ. P. 500.4 (Texas State Law Library)
- A business sends a person, not necessarily a lawyer. A corporation or other entity may be represented by an employee, owner, officer or partner who is not an attorney, by an attorney, or, in an eviction case, by a property manager.Tex. R. Civ. P. 500.4 · Tex. Gov't Code § 27.031(d)
Sue the right person, in the right capacity. Name an individual personally. For a business that isn't a corporation, find the owner: an assumed name ("doing business as") must be on file with the county clerk where the business is. For a corporation, find its registered agent, the person who accepts service for it, in the Secretary of State's SOSDirect database, which charges a fee. Texas State Law Library · Williamson County
Where to file: the county and the precinct
A defendant in a small claims or debt claim case is entitled to be sued in the county and precinct: Tex. R. Civ. P. 502.4(b) (Texas State Law Library)
- where the defendant resides;
- where the incident, or most of the incidents, that gave rise to the claim happened;
- where the contract or agreement, if any, was to be performed; or
- where the property is, in a suit to recover personal property.
If the defendant lives out of state or their residence is unknown, you may file in the county and precinct where you live. A creditor's suit on a consumer contract for goods, services or loans can be brought only where the contract was signed or where the defendant lives, and the contract cannot waive that. Tex. R. Civ. P. 502.4(c) · Civ. Prac. & Rem. Code §§ 15.088, 15.092(c)
How to file a Texas small claims petition, and what it costs
- Write the petition. The eFileTexas guided interview "Texas Small Claims Petition" asks questions and builds the form for people filing without a lawyer; many justice courts also have their own petition form.
- Add the case type information sheet, which some courts require at filing.
- File it with the justice court for the right county and precinct, online through eFileTexas or in the ways your court accepts.
- Pay the filing fee and the service fee, or file a Statement of Inability to Afford Payment of Court Costs.
- Have the citation served. In Tarrant County, the citation is mailed or emailed to you to forward to the constable, sheriff or other agency that serves it. See serving the citation.
| County justice court | Filing fee | Service, per person | Other fees it lists |
|---|---|---|---|
| Tarrant County, Justice Court Precinct 1 | $54 | $90 (constable) | Not listed |
| Travis County (2026 schedule) | $54 | $90 for 1 party, $144 together; $18.88 by certified mail | Jury demand $22; motion for new trial $54; appeal $54; abstract of judgment $5; writ of execution $245 |
| Williamson County, Justice Court Precinct 2 | $54, and $54 for a counterclaim | $80 | Not listed |
Fees in other counties are set locally: check your justice court's website or call the clerk before you file. Tarrant County · Travis County JP Civil Fee Schedule, January 1, 2026 · Williamson County
Checklist
Ready to file your Texas small claims petition?
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Serving the citation
After you file, the defendant must be served with the citation and a copy of your petition. You ask the clerk to issue the citation. Texas State Law Library
- Who can serve. A sheriff or constable, a process server certified under an order of the Texas Supreme Court, the clerk of the court by registered or certified mail, or a person 18 years of age or older authorized by court order.Tex. R. Civ. P. 501.2(a) (Texas State Law Library)
- How. By delivering the citation with the petition attached to the defendant in person, or by registered or certified mail, restricted delivery, with a return receipt.Tex. R. Civ. P. 501.2(b)
- If that fails. The court can allow other service: first class mail plus leaving a copy with someone at least 16 years of age where the defendant lives or can be found, or another method likely to give notice. Service by publication needs court approval and also appears on the TOPICs website.Tex. R. Civ. P. 501.2(e)
- Proof. The return of service must be filed with the court before the case can move on.Tex. R. Civ. P. 501.3 (Texas State Law Library · Williamson County)
Papers after the citation can be served in person, by mail or courier, by fax, by email, or as the court directs; Williamson County's court accepts email when both sides agreed to it in writing, and expects a signed certificate of service with each filing. In that court, a defendant not served within 180 days of filing leads to a dismissal hearing. Tex. R. Civ. P. 501.4 · Williamson County
If you are sued: answer within 14 days
The answer is your written response to the lawsuit. For most defendants it is due by the end of the 14th day after the day you were served with the citation and petition; if you were served by publication, you have 42 days: the answer is due by the end of the 42nd day after the citation was issued. The answer date is not the trial date. Tex. R. Civ. P. 502.5 (Texas State Law Library) · Williamson County
- Don't miss it. If you don't answer or don't appear, the judge can enter a default judgment. A motion to set aside a default judgment is due no later than 14 days after the judgment is signed.Tex. R. Civ. P. 503.1, 505.3 (Texas State Law Library)
- Wrong place? Ask to transfer venue no later than 21 days after you file your answer.Tex. R. Civ. P. 502.4
- They owe you? You can file a counterclaim in the same case; Williamson County's court charges $54 for it.Williamson County
- You don't need a lawyer to answer. Forms and sample answers are available from many justice courts; you may still hire one.Tex. R. Civ. P. 500.4 · Texas State Law Library
Sued by a debt buyer or collector? That is usually a debt claim case: see a debt collector is after me.
Before and at the trial
- Setting the trial. After the answer, the case is set on the trial docket at the judge's discretion; some courts set the date themselves, others want a motion. Either side may move to postpone, stating why. Williamson County's court sets a pretrial hearing once the defendant is served.Tex. R. Civ. P. 503.3 (Texas State Law Library) · Williamson County
- A jury, if you ask in time. Any party is entitled to a jury. File a written demand no later than 14 days before the trial date and pay the fee ($22 in Travis County) or file a Statement of Inability to Afford Payment of Court Costs.Tex. R. Civ. P. 504.1 · Travis County
- Discovery only with permission. Pretrial discovery needs the judge's approval and is limited to what is reasonable and necessary.Tex. R. Civ. P. 500.9
- Deciding without a trial. Either side may ask for summary disposition, which must be granted if there are no genuinely disputed facts, or no evidence of an essential element of the claim or a defense.Tex. R. Civ. P. 503.2
- A case left idle can be dismissed. The court can dismiss for want of prosecution after notice; the plaintiff then has to ask to reinstate it.Texas State Law Library
At the trial, the judge hears the parties and their witnesses, considers the other evidence, and may question a witness or party. There is no rule requiring a justice court hearing to be recorded, so ask the court ahead of time if you want one. The judgment states who won, the amount awarded and who pays the court costs. Tex. Gov't Code § 27.060(b) · Tex. R. Civ. P. 505 (Texas State Law Library)
Every Texas justice court deadline in one place
Pick the deadline in the calculator below, then the date it counts from. When a deadline falls on a weekend or a legal holiday, it moves to the next day the court is open. Williamson County's justice court says so for the answer; the calculator counts every deadline the same way, so confirm a close date with the clerk.
| Deadline | Counted from | Days |
|---|---|---|
| Answer the petition | The day you were served | 14 (42 after the citation was issued, if by publication) |
| Motion to transfer venue | The day you filed your answer | 21 |
| Jury demand | Before the trial date | 14 before |
| Set aside a default judgment | The day the judgment was signed | 14 |
| Appeal to the county court | The judgment signed, or a motion to reinstate, set aside or for new trial denied | 21 |
| Notice of appeal to the other side | Filing the appeal bond or cash deposit | 7 |
| County court filing fee | Notice from the county court clerk | 20 |
| Respond to post-judgment discovery | Receiving the request | At least 30 |
Tex. R. Civ. P. 502.4, 502.5, 504.1, 505.3, 506, 500.8 · Rule 143a (Texas State Law Library)
Calculator
When is your Texas justice court deadline?
1. Which deadline?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
If you lose: a new trial in county court
Either side can appeal a justice court judgment to the county court if the judgment or the amount in controversy exceeds $250, exclusive of costs. The appeal must be filed within 21 days after the judgment is signed, or after a motion to reinstate, to set aside or for a new trial is denied. Tex. Civ. Prac. & Rem. Code § 51.001 · Tex. R. Civ. P. 506 (Texas State Law Library)
- An appeal bond. A plaintiff who appeals files a $500 bond; a defendant files a bond of twice the amount of the judgment. The bond needs a surety the judge approves.Tex. R. Civ. P. 506 (Texas State Law Library)
- Or a cash deposit, or a Statement of Inability. A cash deposit of the bond amount goes toward the judgment if you lose; what is left is returned. If you can't afford either, file a Statement of Inability to Afford Payment of Court Costs.Texas State Law Library
- Notice and the county fee. Serve written notice on the other side within 7 days of filing the bond or deposit, and pay the county court's filing fee within 20 days of being notified, or the appeal may be dismissed and the judgment enforced.Tex. R. Civ. P. 506, 143a (Texas State Law Library)
- A trial de novo. Once the appeal is perfected, the justice court judgment can no longer be enforced, and the county court holds the trial as if there had been no previous trial, under its more formal procedure.Texas State Law Library
Where a county's civil jurisdiction has been moved to the district court, the appeal goes there instead. A landlord appealing a repair order to county court does not have to post an appeal bond. Civ. Prac. & Rem. Code § 51.001(b) · Prop. Code § 92.0563(f)
Collecting a Texas judgment, and what cannot be taken
A money judgment does not automatically mean you will get the money. The winner, the judgment creditor, has to act. Post-judgment discovery to find the other side's assets doesn't need the justice court's approval; the losing side gets at least 30 days to respond and can object in writing within 30 days. Tex. R. Civ. P. 500.8, 505.2 (Texas State Law Library)
- A judgment lien. Have the justice court issue an abstract of judgment and file it with the county clerk where the debtor owns real property. The lien lasts ten years. A homestead is the most common exemption.
- A writ of execution. Non-exempt property is seized and sold by the sheriff or constable, and the money goes to the debt.
- A writ of garnishment. Property a third party holds for the debtor, such as a bank account, can be seized.
- A turnover order. The court can order the debtor to deliver non-exempt property, or appoint a receiver to take and sell it.
- Wages are protected. Current wages for personal services are exempt from seizure, except to enforce court-ordered child support.Tex. Prop. Code § 42.001(b)(1)
- Personal property up to a limit. Personal property of a family worth up to $100,000, or of a single adult up to $50,000, is exempt from garnishment, attachment, execution or other seizure.Tex. Prop. Code § 42.001(a)
- Ten years, then dormant. If no writ of execution is issued within 10 years of the judgment, it becomes dormant; a creditor generally has two years to revive it.Tex. Civ. Prac. & Rem. Code § 34.001 · § 31.006 (Texas State Law Library)
How long you have to sue in Texas
File before the statute of limitations runs out, or the other side can ask the judge to rule against you. The common Texas periods:
- 2 years: injury to property, taking or keeping someone else's personal property, and personal injury. Civ. Prac. & Rem. Code § 16.003
- 4 years: a debt, and any claim with no other period. §§ 16.004, 16.051
- A contract cannot shorten the time to sue below two years. § 16.070
- The "3-year rule" people search for is for recovering land held by someone under color of title (adverse possession), not small claims. § 16.024
See the statute of limitations for other claims and the rules that can pause the clock.
Free help in Texas
The Texas State Law Library's small claims guide covers every step, with forms and practice aids, but the library cannot tell you what the law means for your situation. Many justice courts post their own forms and filing instructions, and a dispute resolution center can help you settle.
Common questions about small claims in Texas
What qualifies as a small claims court in Texas?
The justice of the peace courts. Texas has no separate small claims court: a small claims case is a lawsuit for money damages, civil penalties, personal property or other relief allowed by law, up to $20,000, filed in the justice court for the right county and precinct.
What is the small claims limit in Texas?
$20,000, excluding statutory interest and court costs but including attorney fees, if any. Debt claim, repair and remedy, and rent joined with an eviction have the same $20,000 limit. See the limit.
How much does it cost to file small claims in Texas?
The filing fee is $54 in the Tarrant, Travis and Williamson county justice courts, plus a service fee for each person served: $90 in Tarrant and Travis, $80 in Williamson. If you can't afford it, file a Statement of Inability to Afford Payment of Court Costs. See filing and fees.
Do I need a lawyer to answer a small claims summons in Texas?
No. You may represent yourself, or hire an attorney. File a written answer by the end of the 14th day after you were served, or the judge can enter a default judgment against you. See if you are sued.
How do I appeal a justice court decision in Texas?
Within 21 days after the judgment is signed, file an appeal bond ($500 for a plaintiff, twice the judgment for a defendant), a cash deposit, or a Statement of Inability, if the judgment or amount in dispute exceeds $250. Serve notice within 7 days and pay the county court fee within 20 days of notice. See appeals.
What is the success rate of appeals in Texas?
No official success rate for justice court appeals is published on the sources we checked. An appeal is a trial de novo: the county court hears the case again as if there had been no previous trial, so the evidence you bring decides it.
What happens if a judgment is filed against you in Texas?
You owe the amount, and the winner can use post-judgment discovery, an abstract of judgment as a lien on non-exempt real property, a writ of execution, garnishment of a bank account or a turnover order. Current wages can't be garnished except for child support. See collecting.
What is the 3 year rule in Texas?
Usually the 3-year limitations period to recover land held by someone in peaceable and adverse possession under title or color of title. It is not a small claims rule: most small claims must be filed within 2 years (property damage, personal injury) or 4 years (a debt). See the deadline to sue.
Can a business sue in Texas small claims without a lawyer?
Yes. A corporation or other entity may be represented by an employee, owner, officer or partner who is not an attorney, and a corporation need not be represented by an attorney in justice court.
Can I file a Texas small claims case online?
Yes, through eFileTexas, whose "Texas Small Claims Petition" guided interview builds the petition for people without a lawyer. Ask your justice court how else it accepts filings.
Official sources
- Texas Government Code chapter 27: justice court jurisdiction (§ 27.031, $20,000) and small claims (§ 27.060) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code chapter 15, subchapter E: venue in justice court tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code chapter 16: limitations periods tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code chapter 34: dormant judgments (§ 34.001) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code chapter 51: appeal from justice court (§ 51.001, over $250) tcss.legis.texas.gov
- Texas Property Code chapter 42: personal property exemptions (§ 42.001) tcss.legis.texas.gov
- Texas Property Code chapter 92: repair and remedy in justice court (§ 92.0563) tcss.legis.texas.gov
- Texas State Law Library: Small Claims Cases, general information (case types, Rule 500.4, Rule 500.3(e)) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, filing information (venue, Rule 502.4; registered agents; eFileTexas) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, serving the defendant (Rule 501) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, filing an answer (Rule 502.5) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, pre-trial (venue, discovery, jury, default, summary disposition) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, trial (Rule 503.3, Rule 505) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, appealing a case (Rule 506, Rule 143a) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, collecting a judgment (Rules 500.8, 505.2; dormancy) guides.sll.texas.gov
- Texas State Law Library: Small Claims Cases, judgment liens, writs and orders guides.sll.texas.gov
- Tarrant County Justice of the Peace Court 1: Small claim cases (limit, $54 filing, $90 constable fee) tarrantcountytx.gov
- Travis County Justices of the Peace: JP Civil Fee Schedule as of January 1, 2026 (PDF) traviscountytx.gov
- Williamson County Justice Court, Precinct 2: Instructions and information for filing civil lawsuits (rev. 07/30/2025) (PDF) wilcotx.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.