Texas Small Claims Court: How Justice Courts Handle Claims Up to $20,000

Texas Doesn't Have a Separate Small Claims Court

If you've been searching for "small claims court" in Texas, you won't find a standalone courthouse with that name. Texas handles small claims cases inside its Justice Courts, presided over by a Justice of the Peace. In 2013, the Texas Supreme Court replaced the former Justice Court rules with Part V of the Texas Rules of Civil Procedure; small claims are a category of case heard in Justice Courts, not a separate court system.

The rules that govern your case are TRCP Rules 500 through 507 — Part V of the Texas Rules of Civil Procedure. Those rules cover everything from filing the petition to the hearing itself.

What You Can Sue For — and the $20,000 Limit

Texas Justice Courts hear civil disputes worth up to $20,000. That cap includes the principal damages you're claiming plus any attorney's fees, but it excludes court costs and pre-judgment interest.

The limit was raised from $10,000 to $20,000 in September 2020 under Senate Bill 2340, so older court handouts citing $10,000 are outdated.

Common claims that fit:

• Unpaid contractor invoices
• Security deposit disputes with a landlord
• Property damage from a car accident or a neighbor's tree
• Refunds a seller refused to give
• Freelancer invoices a client ghosted on

If your claim exceeds $20,000, you cannot split it into two smaller lawsuits. You'll need to either waive the amount above $20,000 or file in County Court at Law or District Court.

How Much It Costs

Fees vary by county because each commissioners court sets its own schedule, but the structure is the same everywhere: a base filing fee plus a constable service fee per defendant.

Typical totals for a single-defendant case:

• Harris County: $119–$134
• Dallas County: $134
• Tarrant County: $144
• Rural counties (typical): $154–$184

You'll also pay a $22 jury fee if you want a jury trial and an e-filing portal fee (around $5) if you file through eFileTexas.

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 cannot reject the official Supreme Court form.

The Filing Process in Five Steps

Step 1: Send a demand letter. Not legally required for most claims, but it shows the judge you tried to resolve things first. For a security deposit claim, the landlord's 30-day return period begins after surrender and written forwarding-address notice; a 10-day demand is standard practice, not a statutory prerequisite. Consumer suits seeking DTPA damages generally require 60 days' written notice under Texas Business and Commerce Code Section 17.505(a), except when notice is impracticable because suit must be filed to prevent the limitations period from expiring or the claim is asserted as a counterclaim.

Step 2: Identify the correct court. Venue generally lies in the Justice Court 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. Use your county's website to find the right precinct.

Step 3: Fill out 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 petition needs the defendant's full legal name, the facts of your claim, and the dollar amount you're seeking.

Step 4: File and pay. Submit online through eFileTexas or file in person at the clerk's counter. Self-represented filers can use either route.

Step 5: Serve the defendant. The court issues a citation that must be delivered by a constable, sheriff, or certified private process server. You cannot serve the papers yourself.

What Happens at the Hearing

Texas Justice Court hearings are less formal than higher courts, but they follow a structure. The judge controls the proceeding and may question both parties directly under TRCP Rule 500.5.

A few things to know:

• The formal Texas Rules of Evidence don't apply, though the judge can enforce specific rules to keep things fair
• You need physical hard copies of every piece of evidence — many judges won't let you show things on your phone
• Bring the original plus two copies of every exhibit (one for the judge, one for the opposing side)
• The defendant has 14 calendar days after being served to file a written answer

If the defendant doesn't answer or show up, you can ask for 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. For claims based on a written contract or invoice, the judge may rule on sworn written account documentation. For property damage or other unliquidated claims, the judge must hold a hearing where you present evidence of the damages.

After the Hearing

If you win, the court doesn't collect the money for you. Either party may appeal to the County Court at Law within 21 calendar days after the judgment is signed, or within 21 days after a timely post-trial motion is denied; the appeal is a new trial. If the judgment remains unpaid and no appeal is filed, you can pursue enforcement after 30 days through an abstract of judgment ($5 fee, creates a lien on non-exempt real property) or a writ of execution ($180–$400, directs a constable to levy and sell non-exempt personal property).

Texas generally bars garnishing current wages to collect general civil debts, so bank-account garnishment and property liens are common collection tools.

Your Next Step

If you're ready to file, the Texas Small Claims Filing Guide walks through every step from the demand letter to the hearing, with a deadline calendar and printable worksheets for organizing your evidence.

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