How to Sue a Business in Texas Small Claims Court

Suing a business in Texas small claims court follows the same basic process as suing an individual — but with one critical extra step that most people skip. You need to identify the correct legal entity and serve the right person. Get this wrong and your judgment may be unenforceable even if the judge rules in your favor.

Identifying the Legal Entity

The name on the storefront, the website, or the business card is often not the legal name you need to sue. Texas requires you to name the correct legal entity in your petition:

Sole proprietorship / DBA: The owner is personally liable. Sue the individual by their full legal name, doing business as the trade name: "Maria Garcia d/b/a Garcia Cleaning Services." Look up the assumed name (DBA) registration through the county clerk's office where the business operates.

LLC: Sue the LLC under its exact registered name: "Garcia Cleaning Services, LLC." Not "Garcia Cleaning Services" without the LLC designation — that is a different entity (or none at all).

Corporation: Sue under the registered corporate name: "Garcia Cleaning Services, Inc." Same principle — the exact name matters.

Partnership: Sue the partnership name and also name the individual partners if you want to attach personal liability.

Finding the Registered Agent

Every LLC and corporation registered in Texas must designate a registered agent — the person authorized to receive legal papers on behalf of the entity. This is who the constable serves.

Look up the registered agent on the Texas Secretary of State SOSDirect portal. Search by entity name or file number. The results show the registered agent's name and physical address.

If SOSDirect shows the entity's status as "involuntary termination" or "forfeited," the business may have let its registration lapse. You can still sue them — attempt service through the registered agent at the listed registered office. If the agent cannot, with reasonable diligence, be found there, the Texas Secretary of State is an agent for service under Business Organizations Code § 5.251; the service-of-process fee is $40 per party served.

You can also check the Texas Comptroller's Taxable Entity Search to verify the business entity and find additional contact information.

Who Can Represent the Business at the Hearing

Under TRCP 500.4, a business entity does not need to hire a lawyer for Justice Court. A corporation, LLC, or partnership can be represented by an employee, officer, owner, or partner. That person can sign pleadings and appear at trial on behalf of the company.

This is different from the rule for individuals — an individual cannot send a friend or employee to represent them (unless the judge grants special permission for an uncompensated family member or friend under good cause).

Filing and Venue

File in the Justice of the Peace precinct where the business resides or where another applicable venue basis applies, such as where the incident occurred or the contract was to be performed. The registered agent's address is useful for service but does not by itself establish venue.

Filing fees are $54 in most counties, plus constable service fees of $65–$100 depending on the county. The constable serves the petition on the registered agent at the address listed on SOSDirect.

If the registered agent cannot, with reasonable diligence, be found at the registered office, service on the Secretary of State under Business Organizations Code § 5.251 is separate from a request for court-ordered alternative service under TRCP Rule 501.2(e).

Evidence Specific to Business Disputes

In addition to the standard evidence package (contract, payment records, communication, photos), gather documentation specific to the business entity:

• SOSDirect printout showing the entity's registration, registered agent, and status — this confirms you sued the correct entity
• Business license or permit records if licensing is relevant to your claim
• Online business listings showing the business advertised the services at issue
• Better Business Bureau complaints or reviews showing a pattern (use carefully — some judges view this as irrelevant to your specific case)

If the business does not send anyone to the hearing, you can request a default judgment. The same rules apply — you still need to present your evidence to prove the amount owed.

The Texas Small Claims Filing Guide includes a filing worksheet with a section on entity verification, plus a service tracking log to monitor whether the registered agent actually gets served.

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