Statute of Limitations for Small Claims in Texas: Deadlines by Claim Type

Texas Filing Deadlines by Claim Type

Texas limitation periods set deadlines for filing claims, and filing too late can bar a case. The period and its start date depend on the claim and any applicable exceptions. The periods summarized here come from the Texas Civil Practice and Remedies Code (CPRC), Chapter 16.

When the Clock Starts

The statute of limitations begins running on the date the wrong happened — not the date you discovered it (with narrow exceptions). For a breach of contract, it's the date the other side failed to perform. For a property damage claim, it's the date the damage occurred.

Security deposits have a specific trigger. The landlord's 30-day return window under Texas Property Code Section 92.103 begins after the tenant surrenders the premises and provides a written forwarding address under Section 92.107. For a claim based on non-return, the limitations period starts on the 30th day following both surrender and delivery of that address; do not count from surrender alone if no forwarding address was provided.

Contractor disputes typically start from the date the contractor breached — walking off the job, delivering defective work, or missing the completion deadline.

Filing Alone Doesn't Save You

Filing a petition on the last day of the limitation period does not automatically preserve your claim. Under Texas common law, you must also exercise due diligence in getting the defendant served. If you file on day 1,460 of a 4-year deadline but don't pay the constable service fee for another three months, the court can dismiss your case on statute of limitations grounds.

File early enough to account for potential service delays. If the constable can't locate the defendant on the first attempt, you'll need time for follow-up attempts or a motion for alternative service.

What Doesn't Pause the Clock

Sending a demand letter does not toll (pause) the statute of limitations. Neither does attempting mediation, filing a complaint with a state agency, or negotiating informally. The clock keeps running until you actually file the petition with the court.

The DTPA's 60-day notice requirement under Texas Business and Commerce Code Section 17.505 does not extend the limitations deadline. Under Section 17.505(b), notice is not required 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. If your deadline is close, do not wait out 60 days; have counsel assess whether this exception applies.

How to Count Your Deadline

Texas follows strict deadline computation under TRCP Rule 500.5:

1. Exclude the day the event happened (the breach, the damage, the default)
2. Count every calendar day — weekends and holidays included
3. Include the last day
4. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day

Check Your Deadline Before Filing

If your claim is near the deadline, file with time to arrange service, pay the service fee promptly, and monitor service attempts. Filing on time alone does not preserve a claim if you fail to exercise due diligence in obtaining service. The Texas Small Claims Filing Guide includes a deadline calendar that maps your specific dates to every procedural deadline — from the statute of limitations through the defendant's 14-day answer window and the post-judgment appeal period.

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