1. What Is a Small Claim in Texas?
In Texas, small claims are filed in the Justice of the Peace Courts (Justice Courts) to resolve minor disputes efficiently. These courts handle cases involving monetary disputes, property damage, or breaches of contract within a set monetary limit.
2. Claim Limits in Texas Small Claims Court
- The maximum amount you can claim in a Texas small claims case is $20,000, excluding court costs and interest.
- Claims exceeding this amount must be filed in a higher court, such as the County or District Court.
3. Types of Cases Handled in Texas Small Claims Court
- Unpaid debts or loans.
- Property damage disputes (e.g., car accidents).
- Breach of contract cases.
- Landlord-tenant disputes, such as unreturned security deposits.
- Disputes over goods or services.
4. Steps to File a Small Claim in Texas
Step 1: Attempt to Resolve the Dispute
Before filing, try to resolve the matter directly with the opposing party.
- Send a Demand Letter: Clearly outline your complaint, the amount owed, and a deadline for payment.
Step 2: Determine the Correct Justice Court
- File your case in the Justice of the Peace Court located in the precinct where:
- The defendant lives or works.
- The incident occurred.
Use the Texas Judicial Branch website to locate the appropriate Justice Court.
Step 3: Complete the Small Claim Filing Form
Visit the Justice Court to obtain a Small Claim Petition Form or download it from the court’s website. Provide the following information:
- Your Details: Name, address, and contact information.
- Defendant’s Details: Name, address, and contact information.
- Claim Description: A concise explanation of the dispute and the amount being claimed.
Step 4: File the Claim and Pay the Filing Fee
Submit the completed form to the Justice Court and pay the required filing fee.
| Claim Amount | Filing Fee |
|---|---|
| Up to $10,000 | $35–$50 |
| $10,001–$20,000 | $50–$75 |
Fees may vary by county. Contact the court clerk for precise amounts.
Step 5: Serve the Defendant
The defendant must be notified of the claim through an official process called service of process.
- Methods of Service:
- By a constable, sheriff, or private process server.
- Service Fees: Typically $75–$100, depending on the method and location.
- File a Return of Service with the court once the defendant has been served.
Step 6: Prepare for the Hearing
- Organize Evidence: Gather all relevant documents, such as contracts, receipts, emails, photos, and witness statements.
- Practice Your Argument: Rehearse a clear and concise explanation of your case.
Step 7: Attend the Hearing
- Arrive early at the Justice Court on the scheduled date.
- Present your case to the judge, including evidence and witness testimony.
- The judge may issue a decision immediately or send a written judgment later.
5. What Happens After the Hearing?
If You Win:
- The court will issue a judgment requiring the defendant to pay.
- If the defendant doesn’t pay voluntarily, you can enforce the judgment through:
- Wage garnishment.
- Bank account levies.
- Property liens.
If You Lose:
- You may appeal the decision to the County Court within 21 days of the judgment.
6. Frequently Asked Questions
Q1: Can I file my claim online in Texas?
Some Justice Courts offer online filing; check with your local court for availability.
Q2: Can businesses file small claims in Texas?
Yes, businesses can file claims in Texas small claims court for disputes involving customers, vendors, or other parties.
Q3: What if I don’t know the defendant’s address?
You must make reasonable efforts to locate the defendant’s address for service of process.
Q4: Do I need a lawyer?
Lawyers are not required in Texas Small Claims Court, but you can consult one for advice.
Q5: Can I recover court costs if I win?
Yes, the court may include filing fees and service costs in the judgment amount.
7. Tips for Success
- File on Time: Ensure your claim is within the statute of limitations (2–4 years for most cases).
- Be Organized: Keep all evidence and documentation ready for presentation.
- Stay Professional: Remain respectful and focused on facts during the hearing.
- Consider Mediation: Many Texas Justice Courts offer mediation to resolve disputes without a trial.
8. Contact Information for Texas Justice Courts
Visit the Texas Courts Directory for a list of Justice Courts, contact information, and filing instructions.
9. Conclusion
Filing a small claim in Texas is a straightforward process designed to resolve disputes efficiently. By understanding the filing requirements, preparing your case thoroughly, and following court procedures, you can confidently navigate the system to seek a fair resolution.