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Texas · Filing guide · Justice Court (Justice of the Peace Court)

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

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

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.

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.

  • 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

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.

  • 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

Fill in the claim

1–2 evenings

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

  • 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 the petition; no notary is needed.

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

File and pay

Filing day

Choose how you'll file:

OnlineStatewideSelf-represented filers can e-file a small claims petition in Justice Court; filing on paper is also allowed. eFileTexas (Guide and File for simple filings)
In personFile the petition with the clerk of the Justice of the Peace court for the right county and precinct and pay the fee plus the constable's service fee.
By mailSome Justice Courts accept petitions by mail; call the court to confirm.

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.

$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.

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

Serve the defendant

Right after filing

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.

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.

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.

Before the hearing

1–4 weeks before

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

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.

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.

  • 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)

The hearing

Hearing 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

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

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

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

After the judgment

Weeks to months

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.

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.

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

Free help in Texas

TexasLawHelp.org and the Texas State Law Library

Ready to start? Check your case and create your demand letter.

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