How to File a Small Claims Case in Texas: Step-by-Step Process

Before You File: The Demand Letter

Start with a written demand letter sent to the other party by certified mail. While Texas doesn't require a demand letter for most small claims, judges notice when you've tried to resolve the dispute first. It also creates a paper trail showing exactly what you asked for and when.

Some claims have statutory pre-suit notice or presentment requirements:

• Security deposit claims under Texas Property Code Chapter 92 — the landlord's 30-day return period starts after the tenant surrenders the premises and provides a written forwarding address. A 10-day demand citing Section 92.109 is standard practice, not a statutory notice prerequisite.
• DTPA claims (deceptive trade practices) — consumer suits seeking DTPA damages generally require 60 days' written notice under Texas Business and Commerce Code Section 17.505(a). Subsection (b) does not require advance notice when giving it would be impracticable because suit must be filed to prevent the limitations period from expiring or when the claim is asserted as a counterclaim.

Step 1: Verify Your Claim Fits

Texas Justice Courts hear civil disputes worth up to $20,000. That cap includes principal damages and attorney's fees but excludes court costs and interest.

Check the statute of limitations before filing:

• Breach of contract or debt: 4 years from the breach (CPRC Section 16.004)
• Property damage or personal injury: 2 years from the date of the damage (CPRC Section 16.003)

Filing does not pause the clock. You need to file the petition and get the defendant served with diligence.

Step 2: Identify the Right Defendant and Court

The defendant's name must be exact. If you're suing a business, search the Texas Secretary of State's SOSDirect portal to find the registered legal name. A sole proprietor is sued as "Jane Smith d/b/a Trade Name." An LLC or corporation is sued under its registered name.

File in the correct precinct. Texas has over 800 Justice of the Peace courts across its 254 counties. Venue generally lies in the precinct where the defendant resides, where a tort occurred or contract was breached, or as otherwise allowed under CPRC Chapter 15 and TRCP 502.4. Your county's website will have a precinct locator.

Step 3: Complete the Petition

Use the Small Claims Petition form for an ordinary unpaid invoice owed directly to an original service provider. Rule 508's Debt Claim track covers claims by assignees and debt collectors as well as financial institutions and entities whose business involves extending credit. The TJCTC publishes standardized forms accepted in every Texas county.

Your petition must include:

• County and precinct number
• Both parties' names, addresses, and phone numbers
• A brief statement of facts
• The dollar amount you're seeking
• The defendant's service address and best times for delivery
• A military status declaration
• Your signature

Redact Social Security numbers, driver's license numbers, and financial account numbers before filing.

Step 4: File and Pay

Online via eFileTexas (efile.txcourts.gov): Select your county and precinct, choose "Small Claims - Initial," upload your petition as a PDF, and pay electronically. Self-represented filers can use this option but aren't required to.

In person: Bring the original petition plus two copies per defendant to the JP clerk's counter.

Filing costs vary by county. The base filing fee is $54 in the county schedules summarized here, while constable service fees range from $65–$130. That puts a typical one-defendant total at $119–$184; check the precinct's current schedule.

Step 5: Serve the Defendant

After you file, the clerk issues a citation. A constable, sheriff, or certified private process server delivers it to the defendant. You cannot serve the papers yourself — Texas law prohibits any party to the lawsuit from delivering citation.

The server files a Return of Service with the court once delivery is complete. This document is your proof that the defendant was properly notified.

Step 6: Wait for the Answer

The defendant has 14 calendar days from the date of service to file a written answer with the court. This is the Justice Court rule under TRCP 502.5 — do not confuse it with the "Monday morning after 20 days" rule, which applies only to District and County Courts.

If the defendant doesn't answer, you can request a default judgment after the return of service has been on file for at least 6 calendar days, excluding the day it is filed and the day judgment is signed.

Step 7: Prepare for the Hearing

The judge runs an informal proceeding under TRCP Rules 500–507. The formal Texas Rules of Evidence don't apply, but the judge can enforce specific rules to keep things fair.

Prepare by:

• Printing every piece of evidence — three copies each (for you, the judge, and the other side)
• Organizing exhibits chronologically with a summary page
• Preparing a brief opening statement (some judges give you 30 seconds)
• Subpoenaing any witnesses who won't come voluntarily (request at least 1–2 weeks before trial)

Many JP courts prohibit showing evidence on your phone. Print everything.

After the Hearing

If you win, the court enters a judgment but does not collect the money for you. Either party may appeal within 21 calendar days after the judgment is signed, or within 21 days after a timely post-trial motion is denied. If the judgment remains unpaid and no appeal is filed, you can pursue enforcement after 30 days through an abstract of judgment, writ of execution, or bank account garnishment.

The Full Filing Toolkit

The Texas Small Claims Filing Guide covers every step above in detail, with a filing worksheet, demand letter template, service tracking log, deadline calendar, and evidence binder organizer.

See more Texas guides →