1. What Is Small Claims Court in Texas?
Small Claims Court in Texas is part of the Justice of the Peace Courts (Justice Courts) system. It handles minor disputes efficiently and affordably, allowing individuals or businesses to resolve conflicts without extensive legal proceedings.
2. Claim Limits in Texas Small Claims Court
- Maximum Claim Amount: $20,000, excluding court costs and interest.
- Cases involving amounts greater than $20,000 must be filed in County or District Court.
3. Common Types of Cases in Texas Small Claims Court
- Unpaid debts or loans.
- Breach of contract disputes.
- Property damage cases, such as car accidents or home repairs.
- Landlord-tenant issues, like unreturned security deposits.
- Disputes over faulty goods or services.
4. Who Can File a Case in Texas Small Claims Court?
- Individuals: Must be at least 18 years old. Minors must have a guardian file on their behalf.
- Businesses: Sole proprietors, partnerships, or corporations can file claims.
- Non-Texas Residents: Can file claims if the dispute involves a party or incident in Texas.
5. Steps to File a Small Claim in Texas
Step 1: Attempt to Resolve the Dispute
Before filing, try to resolve the matter amicably.
- Send a Demand Letter: Explain the issue, the amount owed, and a deadline for payment or resolution.
Step 2: Determine the Correct Court
- File your case in the Justice of the Peace Court located in the precinct where:
- The defendant resides or works.
- The dispute occurred.
Use the Texas Judicial Branch website to find the appropriate court.
Step 3: Obtain and Complete the Petition Form
Visit the Justice Court to obtain the Small Claims Petition Form or download it from the court’s website. Include the following information:
- Your Details: Name, address, and contact information.
- Defendant’s Details: Full name and address.
- Claim Details: A brief explanation of the dispute and the amount being claimed.
Step 4: File Your Claim
- Submit the completed form to the court and pay the filing fee.
| Claim Amount | Filing Fee |
|---|---|
| Up to $10,000 | $35–$50 |
| $10,001–$20,000 | $50–$75 |
Fees vary by county, so check with the court clerk for exact amounts.
Step 5: Notify the Defendant
The defendant must be officially notified through service of process.
- Methods of Service:
- Certified mail (sent by the court).
- Personal delivery by a sheriff, constable, or process server.
- Cost of Service: Typically $75–$100, depending on the method and location.
Step 6: Prepare for the Hearing
- Organize Evidence: Gather all relevant documents, such as contracts, receipts, invoices, photos, and emails.
- Arrange Witnesses: If applicable, ensure witnesses are prepared to testify.
- Practice Your Argument: Rehearse a clear and concise explanation of your claim.
Step 7: Attend the Hearing
- Arrive early and bring all necessary documents.
- Present your case to the judge clearly and respectfully.
- The judge may issue a decision immediately or provide a written judgment later.
6. What Happens After the Hearing?
If You Win:
- The court issues a judgment requiring the defendant to pay.
- If the defendant doesn’t comply, you can enforce the judgment through:
- Wage garnishment.
- Bank account levies.
- Property liens.
If You Lose:
- Defendants have 21 days to appeal the decision to the County Court.
7. Advantages of Texas Small Claims Court
- Cost-Effective: Filing fees are affordable, and attorneys are not required.
- Quick Resolutions: Most cases are resolved within 1–3 months.
- Simplified Procedures: The process is designed for non-lawyers to navigate easily.
8. Frequently Asked Questions
Q1: Can I file a claim online in Texas Small Claims Court?
Some counties offer e-filing options. Check with your local Justice Court for availability.
Q2: Do I need a lawyer for Small Claims Court in Texas?
No, legal representation is not required. However, consulting a lawyer can be helpful for complex cases.
Q3: What if the defendant doesn’t respond to the claim?
If the defendant fails to appear, you can request a default judgment in your favor.
Q4: Can I recover court costs if I win?
Yes, the court may include filing fees and service costs in the judgment amount.
Q5: What if I can’t afford the filing fee?
You can request a fee waiver by submitting a Statement of Inability to Afford Court Costs.
9. Contact Information for Texas Justice Courts
Visit the Texas Courts Directory to locate your local Justice Court and access filing instructions.
10. Conclusion
Texas Small Claims Court provides a straightforward way to resolve minor disputes without the need for extensive legal proceedings. By understanding the process and preparing thoroughly, you can confidently pursue your claim and work toward a fair resolution.