Filing a Small Claims Case in Texas Justice Court

This article explains how to file a small claims case in Texas, one of the procedures covered in Texas small claims court. It walks through what fits in a small claims case, where to file, what the petition must contain, the filing fee and service costs, how the defendant is served, and what happens between filing and the hearing.

What fits in a Texas small claims case

A Texas justice court hears small claims for money damages, civil penalties, the return of personal property, or other relief the law allows, as long as the amount in controversy is $20,000 or less, not counting statutory interest and court costs. The jurisdiction limit comes from Tex. Gov’t Code § 27.031, which gives justice courts original jurisdiction over civil matters of $20,000 or less, exclusive of interest. Claims above that amount belong in a county court at law or a district court, where the procedure is more formal.

Some disputes cannot be filed in a justice court even when the dollar amount fits. Under Tex. Gov’t Code § 27.031(b), a justice court has no jurisdiction over suits for slander or defamation, suits to try title to land, or suits to enforce a lien on land. A claim for more than $20,000 can still be brought in justice court if the plaintiff gives up the amount over the limit, but that excess cannot be recovered later.

Where to file your case

A small claims case is filed with the justice court for a specific precinct, not with a central county clerk. Texas venue rules let a plaintiff file in the precinct and county where the defendant resides, where the defendant’s business is located, or where the events that gave rise to the claim took place, among other bases set out in Texas Rule of Civil Procedure 502.4. When more than one precinct qualifies, the plaintiff selects among them.

Filing in the wrong precinct gives the defendant a basis to ask the court to transfer the case. Most counties publish a precinct map so a plaintiff can match an address to the right justice of the peace. Naming the defendant correctly matters as much as the venue: an individual is sued under their legal name, and a business is sued under the legal name of the owner or the registered name of the corporation, partnership, or LLC. A judgment against the wrong name is difficult to collect.

What goes in the petition

A small claims case begins when the plaintiff files a petition. Texas does not use a single statewide small claims form; each justice court provides its own petition form, and most accept it in person, by mail, or through the state e-filing portal. The petition itself is short, and Texas Rule of Civil Procedure 502.2 lists what it must include.

1. Identify the parties

   Give your own name, address, and contact information as the plaintiff, and the full legal name and address of each defendant. Use the defendant’s correct legal name. For a business, that is the name of the owner or the entity’s registered legal name, which can be confirmed through the Texas Secretary of State or the county assumed-name records.

2. State the amount and the reason

   Describe what the defendant did and how much is owed. Be specific about dates, amounts, and the basis of the claim, such as an unpaid invoice, a returned deposit, or property damage. The total claimed cannot exceed $20,000, excluding interest and costs.

3. State the relief you want

   Ask for the money owed, the return of specific personal property, or both. The petition is also where a plaintiff requests court costs.

4. Sign and file

   Sign the petition and file it with the justice court for the correct precinct, along with the filing fee or a fee-waiver request. The clerk assigns a case number and prepares a citation for each defendant.

Filing fees and service costs

Filing fees in justice court are set at the county level, so the exact amount depends on where the case is filed. The Texas Office of Court Administration explains that the total fee is built from several charges fixed by local actors such as the county commissioners court, and it publishes a statewide schedule of justice court civil filing fees. The schedule shows a range rather than a single statewide number.

To make this concrete, Bexar County’s 2025 fee schedule charges $54.00 to file a small claims petition, plus a $92.00 service fee for each defendant the court serves through a constable. Other counties differ, so confirm the current amount with the justice court before filing.

Serving the defendant

Filing the petition does not, by itself, bring the defendant into the case. The court issues a citation that must be served on each defendant, and a judgment entered without valid service is not enforceable. Service of the citation and a copy of the petition is governed by Texas Rule of Civil Procedure 501.2.

The most common methods are service by a sheriff, constable, or court-approved process server, who hands the citation to the defendant in person, and service by certified mail sent by the clerk with return receipt requested. If the defendant cannot be served after a diligent effort, the rule allows a court to authorize alternative service, such as leaving the citation with someone at the defendant’s home or, by separate order, service by other means. The person who serves the citation completes a return of service, which is filed with the court as proof that service was accomplished.

After you file: answer, hearing, and appeal

Once served, the defendant has a deadline to respond. A written answer is due by the end of the 14th day after the day the defendant was served with the citation, under Texas Rule of Civil Procedure 502.5. The 14 days are counted as calendar days starting the day after service, and nothing in the case pauses that clock. If that 14th day falls on a weekend or legal holiday, the deadline moves to the next day the court is open. A defendant served by publication has until the end of the 42nd day after the citation was issued.

When the defendant answers, the court sets the case for trial. The trial is informal: the judge hears both sides, looks at the evidence, and can question the parties and witnesses directly. What a party brings to that hearing, such as documents, receipts, photos, and witnesses, often decides the result, which is the focus of what it takes to win in Texas small claims court. Either side may request a jury by filing a written demand and paying a $22 jury fee at least 14 days before trial, under Texas Rule of Civil Procedure 504.1.

Either party can appeal the result. An appeal from a justice court is perfected by filing an appeal bond, making a cash deposit, or filing a sworn statement of inability to pay within 21 days after the judgment is signed or a post-trial motion is denied, under Texas Rule of Civil Procedure 506.1. The appeal goes to the county court for a new trial, where the case is heard over again from the start.

Winning a judgment and collecting it are separate steps. If the defendant does not pay, a judgment creditor can ask the court to enforce the judgment, for example through a Texas writ of execution directing a constable to seize non-exempt property, or by recording an abstract of judgment to place a lien on the debtor’s real property in the county.