Houston Small Claim Court: What You Need to Know

What is Small Claim Court in Houston?
Small Claim Court in Houston is part of the Justice of the Peace Court system in Harris County, Texas. It provides a simplified and affordable way to resolve disputes involving monetary claims up to $20,000, excluding legal costs and interest.

Individuals: Anyone over 18 years of age can file a claim.
Businesses: Sole proprietors, partnerships, and corporations can file claims within the monetary limit.

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What Types of Cases Does Houston Small Claim Court Handle?
Common disputes include:

Unpaid Debts: Loans, invoices, or wages.
Property Damage: Compensation for repair or replacement costs.
Consumer Complaints: Claims for defective goods or poor services.
Breach of Contract: Resolving disputes over unfulfilled agreements.
Landlord-Tenant Disputes: Security deposit refunds or minor property damages (excluding evictions).

File your claim in the Justice of the Peace Court in the precinct where:
- The defendant resides, works, or conducts business.
- The incident or dispute occurred.

Obtain and complete the Small Claim Petition Form from the precinct’s website or office.
Include details such as:
- Your contact information and the defendant’s contact information.
- A clear explanation of the dispute.
- The amount being claimed.

Submit the completed forms in person or by mail to the appropriate Justice of the Peace Court.
Pay the filing fee, which typically ranges from $35 to $100, depending on the claim amount and the precinct.

Notify the defendant of your claim by serving them with court documents. Approved service methods include:
- Personal delivery by a process server or constable.
- Certified mail (if allowed by the court).
Service fees usually range from $75 to $150, depending on the method used.

Gather evidence, such as contracts, invoices, photos, and communication records.
Rehearse presenting your case clearly and concisely.
Bring any witnesses who can support your claim.

Filing Fees: $35–$100, depending on the claim amount.
Service Fees: $75–$150 for serving the defendant.
Additional Costs: Fees for enforcing a judgment, such as garnishments or liens.

Judge’s Decision: A ruling is usually issued at the end of the hearing or shortly after.
Judgment Enforcement: If the defendant doesn’t pay voluntarily, you can pursue enforcement actions like wage garnishment or seizing assets.
Appeals: Either party can appeal the decision within 21 days in most cases.

Alternatives to Filing in Small Claim Court
Before filing a claim, consider these alternatives:

Mediation: Harris County offers free or low-cost mediation services to resolve disputes without a court hearing.
Negotiation: Attempt to settle the matter directly with the other party.
Arbitration: A neutral arbitrator makes a binding decision outside of court.

Can I have a lawyer represent me in Houston Small Claim Court?
Yes, Texas allows parties to be represented by a lawyer in small claims court, but it’s not required.
Can I file my claim online in Houston?
Some precincts may allow online filing. Check with your specific Justice of the Peace Court.
What happens if the defendant doesn’t respond?
The court may issue a default judgment in your favor.
How long does it take to resolve a small claim?
Most cases are resolved within 30–90 days, depending on court schedules.
What if my claim exceeds $20,000?
You must file your case in a higher court, such as the Harris County Civil Court.
Can I recover court fees if I win?
Yes, the court may order the defendant to reimburse your filing and service fees.

Conclusion: Filing a Small Claim in Houston Made Simple
Houston Small Claim Court offers an efficient and affordable way to resolve disputes under $20,000. By understanding the process, gathering evidence, and preparing thoroughly, you can confidently present your case and work toward a fair resolution.