Small Claims Court Filing Fees in Texas: Cost by County
Two Fees, Paid Together
When you file a small claims case in Texas, you pay two separate fees at the same time: the base filing fee charged by the JP clerk, and the constable service fee for delivering the citation to the defendant. Both are due at filing.
Each county sets its own fee schedule through its commissioners court, so the total varies depending on where you file.
Fee Comparison by County (2026)
| County | Filing fee | Constable service | Total (1 defendant) |
|---|---|---|---|
| Harris | $54 | $65–$80 | $119–$134 |
| Dallas | $54 | $80 | $134 |
| Tarrant | $54 | $90 | $144 |
| Travis | $54 | Check precinct schedule | $54 plus service fee |
| Bexar | $54 | Check precinct schedule | $54 plus service fee |
| Rural counties (typical) | $54 | $100–$130 | $154–$184 |
Each additional defendant adds another constable service fee. If you're suing two defendants in Dallas County, your total is $214 ($54 + $80 + $80).
Additional Fees You Might Face
- Jury demand: $22 — due at least 14 days before trial if either party requests a jury
- Subpoena issuance and service: $5–$80 issuance plus $80–$100 service, and a $10 cash witness fee handed directly to the witness
- eFileTexas portal fee: ~$5 plus credit card processing (2.25–3.5%)
- Counterclaim filing fee: $54 in Dallas County; other court schedules may differ
- Abstract of judgment: $5 (to create a property lien after you win)
- Writ of execution: $180–$400 (post-judgment enforcement)
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How to Get Fees Waived
If you can't afford the fees, file a Statement of Inability to Afford Payment of Court Costs under TRCP Rule 502.3. The court uses the standardized Texas Supreme Court form — the clerk cannot reject it.
The waiver covers:
- The base filing fee
- Citation issuance
- Constable service fees
- Jury fees
- Appeal bonds
It doesn't cover private process server fees, private mediator costs, or the expense of gathering your own evidence.
The clerk or opposing party can contest the statement within 7 days. If contested, the judge holds a hearing. If the judge denies the waiver, you have 7 days to either pay the fees or appeal the ruling to County Court.
Can You Recover Your Filing Costs
If you win, the judge can order the defendant to pay your court costs — including the filing fee and constable service fee — on top of the judgment amount. Court costs are excluded from the $20,000 jurisdictional cap, so they don't eat into your damages.
That said, winning a judgment and collecting the money are two different things. If the defendant doesn't pay voluntarily, you'll need to pursue enforcement, which carries its own fees.
Budget Before You File
The Texas Small Claims Filing Guide includes a cost calculator worksheet that helps you estimate your total out-of-pocket costs before filing, including filing fees, service fees, and potential post-judgment enforcement costs for your specific county.
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