Filing a Small Claim in Texas Made Simple

What Is Small Claims Court in Texas?
Small claims court in Texas is a division of the Justice of the Peace (JP) Court designed to resolve minor legal disputes involving money or property. It is an affordable and straightforward alternative to traditional courts, primarily for cases involving claims up to $20,000.

Texas small claims court is ideal for disputes such as:

Unpaid debts or loans.
Property damage.
Breaches of contract.
Landlord-tenant disagreements (e.g., unpaid rent or security deposit disputes).

What Is the Monetary Limit for Small Claims Court in Texas?
As of 2024, Texas small claims courts handle cases with a monetary limit of up to $20,000, excluding court costs and attorney fees. This limit is higher than in many states, making it a flexible option for resolving significant disputes.
Eligibility to File a Small Claim in Texas
You can file a small claim in Texas if:

You are at least 18 years old or an emancipated minor.
Your claim falls within the $20,000 monetary limit.
The case is filed in the proper jurisdiction (usually where the defendant resides or where the dispute occurred).

Corporations, partnerships, and other entities can also file claims, but certain restrictions may apply.

Steps to File a Small Claim in Texas

Step 1: Locate the Correct Justice Court
File your claim in the JP court where the defendant resides, works, or where the incident occurred.
Step 2: Prepare Your Documentation
Gather evidence, including contracts, receipts, photos, and correspondence. These documents will strengthen your case.
Step 3: Complete the Petition Form
The petition form is used to detail your claim. You can obtain this form from the JP court or their website. The form typically asks for:
- Names and addresses of all parties.
- A brief description of the claim.
- The amount you are seeking.
Step 4: Pay the Filing Fee
Filing fees for small claims in Texas vary by county but typically range from $30 to $100.
Step 5: Serve the Defendant
Once your petition is filed, the court will issue a citation to notify the defendant. You are responsible for serving the defendant, often through:
- A constable or sheriff (fees average $75).
- Certified mail (if allowed by the court).
Step 6: Attend the Hearing
Both parties present their case before a JP judge. Be prepared with your evidence and arguments. The judge will issue a decision, often on the same day.

Costs Associated with Filing a Small Claim in Texas

Filing Fees: $30–$100, depending on the court.
Service Fees: $50–$100 for serving the defendant.
Optional Costs: Additional fees may apply if you hire legal assistance or file an appeal.

Common Disputes Handled in Texas Small Claims Court

Debt collection.
Unreturned security deposits.
Property damage claims.
Breach of contract disputes.

What Happens If You Win the Case?
If the judge rules in your favor, the court will issue a judgment. However, collecting the judgment may require additional steps:

Wage Garnishment: With court approval, you can garnish the defendant’s wages.
Lien Placement: Place a lien on the defendant’s property.
Bank Levy: Freeze and collect funds from the defendant’s bank account.

What If You Lose the Case?
If you lose, you may have the option to appeal the decision within 21 days. Appeals are transferred to a county or district court, and the process becomes more formal.
Tips for Success in Texas Small Claims Court

Be punctual and respectful in court.
Organize your evidence and have multiple copies for the court and defendant.
Focus on the facts, not emotions.
Anticipate counterarguments and prepare responses.

Alternatives to Small Claims Court in Texas
Consider these alternatives if filing a small claim is not the best option:

Mediation: A neutral third party helps resolve the dispute.
Arbitration: A binding decision is made by an arbitrator.
Demand Letters: Often effective in resolving disputes without court involvement.

Table of Contents

Frequently Asked Questions

1. What is the maximum amount I can sue for in Texas small claims court?
The maximum amount is $20,000, excluding court costs and legal fees.

2. Can I represent myself in Texas small claims court?
Yes, small claims courts are designed for individuals to represent themselves. Attorneys are not required but are allowed.

3. How long does a small claims case take in Texas?
The process usually takes 1 to 3 months, depending on the court’s schedule and case complexity.

4. Can I file a small claim online in Texas?
Some JP courts in Texas offer online filing. Check with your local court for availability.

5. What if the defendant refuses to pay after I win?
You can take enforcement actions such as garnishing wages, placing liens on property, or freezing bank accounts.

6. Are filing fees refundable if I win?
In most cases, the court may order the defendant to reimburse your filing fees as part of the judgment.

Conclusion

Small claims court in Texas provides a practical and affordable way to resolve minor disputes without the complexities of traditional court processes. By understanding the filing procedures, costs, and requirements, you can effectively navigate the system and seek justice. Whether pursuing compensation for a financial loss or recovering property, the Texas small claims process empowers individuals and businesses alike.

Martin taggart