How to file a small claims case in Texas, step by step

Ask for payment in writing

The small claims rules don't require a demand before filing, but some claims do: consumer (DTPA) claims need written notice 60 days before suing, and to recover attorney fees on a contract you must present the claim and wait 30 days.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Texas you can sue for up to $20,000 in the Justice Court (Justice of the Peace Court).

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and a street address where they can be served (not a P.O. box)
• The amount you're asking for and how you got that number
• The date the problem happened
• A short plain description of what happened
• Proof you asked for payment, if you did
• Whether you'd agree to receive court papers by email

Find the defendant's exact legal name

Use the company's exact legal name and serve its registered agent; a 'doing business as' name alone isn't enough.

Search: Texas Comptroller Taxable Entity Search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

Small Claims Petition: Texas Small Claims Petition. Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $20,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the petition; no notary is needed.

Make copies

Bring the original and one copy for each defendant, plus one for yourself.

File your claim

Choose how you'll file:

File in the county and precinct where the defendant lives, where the problem happened, or where the contract was to be carried out. If the defendant lives out of state or can't be found, you can file where you live.

Pay the filing fee

$54 to file in every county. Service by a sheriff or constable costs extra, usually about $65 to $90 per defendant, set by each county. Can't afford it? Ask for a fee waiver: Statement of Inability to Afford Payment of Court Costs.

Keep what the clerk gives you

The clerk gives you a case number and issues a citation that the constable, sheriff or process server delivers to the defendant.

Have the papers served

A sheriff, constable, certified process server, or the clerk by certified mail serves the defendant. You can't serve them yourself, and service isn't allowed on Sundays.

After being served, the defendant has 14 days to file an answer.

File proof of service

Officer's return of service

The constable, sheriff or process server files the return with the court after delivering the citation; you don't file a form yourself.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant must file a written answer within 14 days of being served, and can include a counterclaim.

Settling before the hearing

If you settle, file a written notice of nonsuit or an agreed judgment with the court.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk to issue a subpoena for a witness; it must be served like the citation.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• Expect the trial date to be set at least 45 days after the answer
• Arrive 30 minutes early and check in with the clerk or bailiff
• Bring three copies of every document and your evidence in date order
• Bring your witnesses, or a subpoena if they won't come voluntarily
• Turn your phone to silent; dress neatly

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't answer, you can ask for a default judgment. If you miss the trial, your case can be dismissed.

Know the appeal rules

Either side can appeal within 21 days after the judgment is signed. The case is tried again from scratch in County Court. The appeal bond is $500 for a plaintiff and twice the judgment for a defendant, unless you file a Statement of Inability.

Collect your money

If they don't pay, ask for a writ of execution, file an abstract of judgment to put a lien on real estate, or garnish a bank account. Wages generally can't be garnished in Texas.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.