How to Sue a Contractor in Texas Small Claims Court

A contractor took your deposit and vanished. Or they started the job, did half the work, and stopped returning your calls. Either way, you paid for something you did not receive, and the claim fits within the $20,000 Justice Court cap. Texas Justice Courts handle exactly this kind of dispute — and you do not need a lawyer to file.

Getting the Contractor's Legal Name Right

This is where most contractor lawsuits fail before they start. You need to sue the correct legal entity, and the name on the truck is often not it.

If the contractor operates as an individual or sole proprietor doing business under a trade name, you sue the person: "John Smith d/b/a Smith Remodeling." Check the county clerk's assumed name records to confirm the DBA registration.

If the contractor operates as an LLC or corporation, you sue the entity under its registered name: "Apex Remodeling, LLC." Look it up on the Texas Secretary of State SOSDirect portal — you will also find the registered agent's name and address, which is where you will serve the lawsuit papers.

Filing against the wrong entity means your judgment may be unenforceable even if you win. Spend ten minutes verifying the legal name before you draft anything.

Calculating Your Claim

Texas Justice Courts handle claims up to $20,000. Your damages in a contractor case typically include:

• Deposit paid minus the fair value of any work actually completed — if the contractor did some work before disappearing, you only recover the difference
• Cost to complete or repair — get written estimates from licensed contractors to document what it will cost to finish or fix the work
• Materials you purchased that the contractor was supposed to supply but did not

If the contractor made false promises about licensing, materials, or timelines, you may also have a claim under the Texas Deceptive Trade Practices Act (DTPA). DTPA claims require a formal 60-day written notice before filing suit under Business & Commerce Code § 17.505 — this is a separate notice from your general demand letter.

Sending the Demand Letter

Before filing, send a written demand letter by certified mail. State the specific amount owed, reference the contract or agreement, and set a deadline for payment (10–14 days is standard).

If you intend to pursue DTPA claims, your demand must comply with the 60-day notice requirement and include the specific complaint and calculated damages. Send this separately and well in advance of filing.

Keep the certified mail receipt and delivery confirmation — they become part of your evidence at trial.

Filing and Serving the Contractor

File your Small Claims Petition at the Justice of the Peace court. Venue may be proper where the contract work was performed or where the contractor resides under TRCP 502.4; choose a precinct only if one of those venue bases applies.

Filing fees range from $54 to $154 depending on the county, including constable service. You will need the contractor's physical address for service. If they gave you a business address, use that. If the contractor is an LLC, serve the registered agent listed on SOSDirect.

The constable delivers the citation and petition. The contractor must file a written answer by the end of the 14th day after service. If that day is a Saturday, Sunday, or legal holiday, the deadline moves to the next day that is not one of those days; it also moves to the next business day if the court closes before 5:00 p.m. on the due date.

Building Your Evidence

Contractor cases require solid documentation. Organize these into printed sets:

• The written contract or agreement (even a text message thread confirming scope and price counts)
• Proof of payment — bank statements, canceled checks, Venmo/Zelle receipts
• Photos of incomplete or defective work — dated and labeled
• Written estimates from other contractors showing the cost to complete or repair
• All communication — texts, emails, voicemails showing the contractor acknowledged the work and then stopped responding
• The contractor's license status (check the Texas Department of Licensing and Regulation, though Texas does not require a general contractor license)

If the contractor does not show up to the hearing, you can request a default judgment. You will still need to present your evidence to prove the amount owed.

The Texas Small Claims Filing Guide includes a filing worksheet, service tracking log, and evidence binder organizer designed for exactly this kind of case — from verifying the contractor's entity through collecting your judgment.

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