1. What Is Small Claims Court in Texas?
In Texas, Small Claims Court cases are handled in Justice of the Peace (JP) Courts, which provide a simplified process for resolving disputes involving smaller monetary amounts. Small Claims Court is designed for individuals and businesses to seek quick, affordable resolutions without requiring legal representation.
2. Monetary Limits for Small Claims in Texas
The monetary limit for filing a small claim in Texas is $20,000, including attorney fees (if applicable) but excluding court costs. Claims exceeding this limit must be filed in a higher court.
3. Types of Cases Handled by Texas Small Claims Court
Common Cases:
- Unpaid debts: Loans, wages, or invoices owed.
- Property damage: Vehicle repairs, accidents, or negligence.
- Breach of contract: Disputes involving goods or services not delivered as agreed.
- Landlord-tenant disputes: Security deposit refunds or damages (excluding evictions).
Excluded Cases:
- Eviction cases (filed separately in Justice Court).
- Criminal matters or disputes exceeding $20,000.
4. Steps to File a Small Claim in Texas
Step 1: Determine Jurisdiction
- File your claim in the Justice Court precinct where:
- The defendant resides.
- The event or transaction occurred.
Step 2: Complete the Petition
- Obtain the Small Claims Petition Form from the court or its website.
- Fill out the form with:
- Your name and contact information (plaintiff).
- The defendant’s name, address, and contact details.
- The amount you are claiming (up to $20,000).
- A clear explanation of the dispute and why you are suing.
Step 3: File the Petition
- Submit the completed form to the appropriate Justice Court.
- Pay the filing fee, which typically ranges from $30 to $75, depending on the county.
Step 4: Serve the Defendant
- Notify the defendant of the lawsuit by serving them with a copy of the petition through:
- Certified Mail: Arranged by the court.
- Personal Service: By a sheriff, constable, or private process server.
Step 5: Prepare for the Hearing
- Gather evidence such as contracts, receipts, invoices, photos, and witness statements.
Step 6: Attend the Hearing
- On the hearing date, present your case clearly, including all evidence and supporting documents. Be prepared to answer questions from the judge.
5. Filing Fees for Small Claims in Texas
| Claim Amount | Filing Fee |
|---|---|
| Up to $5,000 | $30–$50 |
| $5,001–$10,000 | $50–$75 |
| $10,001–$20,000 | $75–$100 |
Additional fees may apply for service of process or court-requested documentation.
6. What Happens After Filing?
- Defendant’s Response: The defendant may file an answer or counterclaim.
- Hearing: The court will schedule a hearing within 30–90 days.
- Judgment: The judge decides whether to award the claim.
If the defendant fails to appear, the court may issue a default judgment in your favor.
7. Tips for Success in Texas Small Claims Court
- File in the Correct Precinct: Ensure you file in the appropriate Justice Court to avoid delays.
- Be Organized: Present evidence in a clear and logical manner.
- Meet Deadlines: File and serve documents promptly to avoid dismissal.
- Stay Professional: Address the judge respectfully and remain calm during the hearing.
- Consider Mediation: Many Texas courts offer mediation services to resolve disputes without a trial.
Frequently Asked Questions (FAQs)
1. Can I file a small claim online in Texas?
Some counties offer online filing for small claims. Check with your local Justice Court for availability.
2. How long does it take to resolve a case?
Most small claims cases in Texas are resolved within 1–3 months, depending on court schedules.
3. Do I need a lawyer for Small Claims Court?
No, Small Claims Court is designed for self-representation. However, you may consult a lawyer for advice.
4. What happens if the defendant doesn’t show up?
The court may issue a default judgment in your favor if the defendant fails to appear.
5. Can I appeal the court’s decision?
Yes, either party can appeal the judgment to a higher court within 10 days of the decision.
6. What if my claim exceeds $20,000?
You must either waive the excess amount or file your case in a higher court.
Conclusion
Filing a claim in Texas Small Claims Court is an effective way to resolve disputes involving amounts up to $20,000. By following the steps outlined above, preparing your evidence thoroughly, and adhering to court rules, you can navigate the process confidently and seek a fair resolution. For more information, visit the Texas Judicial Branch website or contact your local Justice Court.