How to File a Small Claims Lawsuit in Texas (2026)
Reviewed by DocDraft Legal Team · Texas · Last updated September 15, 2026
Texas justice court small claims handles money disputes up to $20,000, the highest individual cap in the country, under TRCP 500-510. Filing fees range from roughly $50 to $80 plus service costs. The statute of limitations is 4 years for written and oral contracts.
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How do I file a small claims lawsuit in Texas?
To file a small claims lawsuit in Texas, send a demand letter, file a complaint at Justice of the Peace Court (claim limit $20,000), pay the filing fee ($25 to $54), and serve the defendant per TRCP 21a (personal service or certified mail). The case is heard within 30 to 60 days of filing. No attorney is required.
How much does it cost to file a small claims lawsuit in Texas?
Texas Justice Court filing fees run $25 for claims at or below $200 and up to $54 for larger claims, depending on county and service method. Service by certified mail or constable adds roughly $30 to $80 more. Filers who cannot afford the fee can submit a Statement of Inability to Afford Payment of Court Costs for a waiver.
Do I need a lawyer for small claims court in Texas?
No. Texas Justice of the Peace Court is designed for self-represented parties under Texas Rules of Civil Procedure 500-507. Unlike California, attorneys are permitted at JP Court hearings in Texas, so either side may bring counsel. Most pro se filers handle small claims without an attorney, especially for unpaid debt and property damage cases.
How long do I have to sue someone in Texas small claims court?
Texas allows 4 years to sue on written contracts, oral contracts, and most debt under Tex. Civ. Prac. & Rem. Code §16.004. Property damage and personal injury claims must be filed within 2 years under §16.003. The clock generally starts on the date of breach or injury, not the date you discovered the loss.
Texas small claims at a glance
Texas eliminated the standalone Small Claims Court in 2013 through HB 79, folding its function into the Justice of the Peace Court (JP Court). The same precinct judges who hear evictions and criminal misdemeanors now also hear civil disputes up to $20,000, one of the highest small-claims limits in the country. Procedure is set by Texas Rules of Civil Procedure 500-507. Unlike California, attorneys are permitted at JP Court hearings, so either party may appear with counsel. Most Texas counties accept e-filing through the Texas Court Online portal, and certified mail with return receipt under TRCP 21a is the most common service method. The Texas State Law Library publishes a free small-claims procedural guide at guides.sll.texas.gov/small-claims-court.
Filing cost example: $8,000 unpaid invoice
Suppose a client owes you $8,000 on a written services contract. The statute of limitations for written contracts in Texas is 4 years under Tex. Civ. Prac. & Rem. Code §16.004, so you must file within 4 years of the missed payment. The filing fee at Justice of the Peace Court runs $25 to $54 depending on county and service method, and certified-mail service under TRCP 21a typically adds $30 to $80. After winning, post-judgment interest accrues at 5% per year per Tex. Fin. Code §304.003. If the defendant pays within 30 days, you collect the full $8,000 plus filing and service costs. If unpaid for 1 year, you are owed approximately $8,400.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Harris County JP Courts (Houston), Precinct 1 Place 1
1115 Congress Ave Ste 6CN, Houston, TX 77002
Dallas County JP Courts, Precinct 1 Place 1
600 Commerce St Ste 350, Dallas, TX 75202
Bexar County JP Courts (San Antonio), Precinct 1
3505 Pleasanton Rd, San Antonio, TX 78221
Travis County JP Courts (Austin), Precinct 5
1000 Guadalupe St, Austin, TX 78701
Texas JP Court directory (statewide)
Find your local Justice of the Peace Court precinct by county.
Relevant Laws
Texas Rules of Civil Procedure 500-507
Governs Justice Court procedure including jurisdiction, claim limits, parties, filing requirements, service of citation, hearings, judgments, and appeals.
Tex. Civ. Prac. & Rem. Code §16.004 (Statute of Limitations)
Sets the 4-year statute of limitations for written contracts, oral contracts, and most debt collection actions in Texas.
Tex. Fin. Code §304.003 (Post-Judgment Interest)
Sets the post-judgment interest rate on Texas court judgments at 5% per year unless a higher contract rate applies.
Texas Court Online portal and JP Court directory
Official Texas Office of Court Administration directory of all Justice of the Peace Courts, with e-filing support in most counties.
Texas State Law Library: Small Claims Cases guide
Free procedural guide covering filing, service, hearings, and judgment collection in Texas Justice Court small claims cases.
Regional Variances
Statute of Limitations for Common Claims in Texas
Written contract
4 years (Tex. Civ. Prac. & Rem. Code §16.004)
Oral contract
4 years (Tex. Civ. Prac. & Rem. Code §16.004)
Property damage
2 years (Tex. Civ. Prac. & Rem. Code §16.003)
Personal injury
2 years (Tex. Civ. Prac. & Rem. Code §16.003)
Debt collection
4 years (Tex. Civ. Prac. & Rem. Code §16.004)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a formal written demand to the defendant by certified mail with return receipt. Texas does not require a demand letter, but judges expect to see one. Keep proof of mailing.
Verify claim is within $20,000 JP Court limit
Before filing days after startingTexas Justice of the Peace Court handles civil claims up to $20,000. If your claim exceeds the limit, reduce it (waiving the excess) or file in County or District Court.
Gather evidence
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File the Petition at the correct JP Court precinct
Within 4-year SOL (written contract) or 2-year SOL (property damage, injury) days after startingFile the Petition at the JP Court precinct where the defendant resides per Texas Rules of Civil Procedure 500-507. Pay the $25 to $54 filing fee or request a fee waiver.
Serve the defendant per TRCP 21a
Before the hearing date days after startingServe by personal service (constable or process server), certified mail with return receipt, or publication. File proof of service with the JP Court before the hearing.
Attend the hearing with all evidence
30 to 60 days after filing days after startingHearings are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The judge typically rules from the bench.
Collect the judgment
After appeal window closes days after startingUse writs of execution, abstracts of judgment, or turnover orders under Tex. Civ. Prac. & Rem. Code Ch. 31. Post-judgment interest accrues at 5% per year per Tex. Fin. Code §304.003.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a formal written demand to the defendant by certified mail with return receipt. Texas does not require a demand letter, but judges expect to see one. Keep proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $20,000 JP Court limit | Texas Justice of the Peace Court handles civil claims up to $20,000. If your claim exceeds the limit, reduce it (waiving the excess) or file in County or District Court. | - | Before filing |
| Gather evidence | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File the Petition at the correct JP Court precinct | File the Petition at the JP Court precinct where the defendant resides per Texas Rules of Civil Procedure 500-507. Pay the $25 to $54 filing fee or request a fee waiver. | - | Within 4-year SOL (written contract) or 2-year SOL (property damage, injury) |
| Serve the defendant per TRCP 21a | Serve by personal service (constable or process server), certified mail with return receipt, or publication. File proof of service with the JP Court before the hearing. | - | Before the hearing date |
| Attend the hearing with all evidence | Hearings are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The judge typically rules from the bench. | - | 30 to 60 days after filing |
| Collect the judgment | Use writs of execution, abstracts of judgment, or turnover orders under Tex. Civ. Prac. & Rem. Code Ch. 31. Post-judgment interest accrues at 5% per year per Tex. Fin. Code §304.003. | - | After appeal window closes |
Frequently Asked Questions
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