Sued by a Contractor in Texas Small Claims Court: Defendant Guide

The Contractor Filed — Now What

You hired a contractor. The work was late, over budget, or outright defective. You withheld the final payment. Now the contractor has sued you in Texas Justice Court for the unpaid balance. This is one of the most common small claims scenarios in the state, and the good news is that defendants with documentation tend to do well in these cases.

Your first move is the same regardless of the dispute details: file a written answer within 14 calendar days after ordinary service (TRCP Rule 502.5(d)). If you were served by publication, the answer is due within 42 days after the citation was issued (Rule 502.5(e)). A general denial — one sentence stating that you deny each and every allegation — is enough to prevent a default judgment and keep the case alive.

Common Defenses in Contractor Disputes

Defective workmanship. If the contractor's work did not meet the agreed-upon standard, you have a defense. Bring photos of the defective work, the contractor's original proposal or contract describing what was promised, and any repair estimates or invoices from a replacement contractor. The judge will compare what was promised against what was delivered.

Scope changes without written authorization. Contractors sometimes perform work beyond the original scope and then bill for the extras. If you never agreed to the additional work — especially if the agreement required written change orders — the contractor may not be entitled to payment for the unauthorized extras.

Incomplete work. If the contractor abandoned the project before finishing, the amount due may depend on your agreement and what work was completed. Document the unfinished portions with photos and a list of what remains undone.

Already paid. If you paid the disputed amount or a portion of it, bring bank statements, cancelled checks, or Venmo/Zelle receipts showing the payments. Contractors occasionally sue for amounts that were already partially or fully paid — especially when payments were made in cash without receipts.

Filing a Counterclaim

If the contractor's defective or incomplete work cost you money — repairs by a second contractor, temporary housing during an extended project, damaged personal property — you can file a counterclaim under TRCP Rule 502.6. The counterclaim is an affirmative demand for money, separate from your defense. You can deny the contractor's claim and ask the judge to award you damages in the same hearing.

Your counterclaim must be within the $20,000 Justice Court jurisdictional limit. File it alongside your answer or as soon as possible before the hearing. The local court sets the filing fee; check the precinct's fee schedule. You can request a fee waiver with a Statement of Inability.

What Evidence Wins Contractor Cases

The defendant who walks in with organized documentation almost always has the advantage. Bring:

• The original contract or proposal — the scope, price, and timeline the contractor agreed to
• Before-and-after photos — the condition of the property before work started and the condition when the contractor left
• Communication records — text messages, emails, or written letters discussing problems with the work, requests for corrections, or disputes about billing
• A repair estimate from a licensed contractor — showing what it would cost (or did cost) to fix the defective work
• Payment records — every payment you made to the contractor, including the method and date

If the contractor did not have a license and Texas law required one for the type of work performed, that fact may strengthen your defense. Unlicensed contractors face additional legal hurdles when suing for payment in some jurisdictions.

The Hearing

Contractor cases in JP court tend to be straightforward. The contractor explains what they did and shows their invoice. You explain what went wrong and show your evidence. The judge compares the two sides and makes a decision — usually from the bench, sometimes within a few days by written order.

Keep your testimony focused on the facts: what was agreed, what was delivered, and what it cost you to fix. Avoid personal attacks or emotional arguments about the contractor's character. The judge is evaluating the evidence, not the personalities.

For the full defendant response workflow — deadline calculation, answer drafting, counterclaim filing, and hearing preparation — see the Texas Small Claims Response Guide.

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