Texas no longer has a separate “small claims court.” A small claims case is a civil suit in justice court, explained in How Texas Justice Courts Handle Small Claims. This article breaks down what it costs to file one: the petition filing fee, the cost of serving the defendant, optional charges like a jury demand, what changes if the other side appeals, and how a fee waiver works. Dollar figures vary by county because part of the total is set locally.
What goes into the cost of suing
Two charges make up almost the entire cost of starting a small claims case. The first is the filing fee, paid to the court when the petition is filed. The second is the service fee, paid so that a constable, sheriff, or process server can legally deliver a copy of the lawsuit to the defendant. The mechanics of preparing and submitting the petition are covered in filing a small claims case in Texas justice court; this article focuses on what each step costs.
These are separate amounts. The filing fee opens the case; the service fee gets the defendant notified. Both are usually paid at filing, and the service fee is charged for each defendant who has to be served. A case naming two defendants is served twice, at the per-defendant rate.
The justice court filing fee is not a single statewide number. The Texas Office of Court Administration explains that filing fees “may be assessed by county clerks” and that the actual total for a civil suit depends on local decisions by the county commissioners court or county clerk. The state sets several mandatory components; counties add local components on top. The result is a range rather than one fixed fee.
## Filing fee for a small claims petition
The filing fee covers the clerk’s work of opening the case, assigning it to a justice of the peace, and setting it on the docket. Across most Texas counties, the filing fee for a general small claims or debt claim petition falls in the $46 to $54 range as of 2026.
Bexar County (San Antonio) is a concrete example. Its current fee schedule lists a $54.00 filing fee for a Small Claims Petition or Debt Claim Petition. Other counties publish similar figures, with the exact total turning on the local components described in the Office of Court Administration’s justice court fee schedule.
The filing fee is the same regardless of how much money the suit asks for. A justice court can hear a claim for up to $20,000, excluding interest and court costs, under The lowest-cost path is a small claims case in justice court, the venue with the smallest filing and service fees. Filing the petition and arranging service for one defendant generally totals around $50 to $95 in most counties as of 2026. A litigant who cannot afford even that can file a Statement of Inability to Afford Payment of Court Costs and proceed without paying up front. A justice court can award court costs to the winning party as part of the judgment, which means the losing side may be ordered to reimburse the filing and service fees. The award is up to the judge and does not happen automatically. Even when costs are awarded, collecting them depends on the same enforcement steps as collecting the rest of the judgment. No. The justice court filing fee is the same whether the claim is for $500 or for the $20,000 ceiling set by Yes. Service is a charge separate from the filing fee, billed per defendant. Constable or sheriff service runs about $80 to $100 per person in most counties; Bexar County lists $92.00 per party. Service by certified mail through the clerk is usually cheaper where it is offered, and a private process server is priced by the server. An appeal to county court requires an appeal bond, cash deposit, or a Statement of Inability to Afford Payment of Court Costs within 21 days of the judgment under Rule 506.1 of the Texas Rules of Civil Procedure, plus a county court filing fee that is higher than the justice court fee. Bexar County lists a $64.00 appeal charge. The case is then retried from the beginning in the county court.Tex. Gov’t Code § 27.031. A $500 claim and an $18,000 claim cost the same to file; the fee is for opening the case, not a percentage of the amount in dispute. Claims above $20,000 belong in a county court at law or district court, where filing fees are higher.
## Cost to serve the defendant
A defendant who has not been properly served cannot be made to attend the hearing, and a judgment entered without valid service is not enforceable. Serving the defendant is what gives the court authority over them, so the service fee is not optional for a contested case.
The most common method is service by a constable or sheriff, who hand-delivers the papers and files a return of service. In Bexar County, the published service fee is $92.00 per party served, and the schedule notes that this amount is for service by county constables and that “the cost of service by other agencies may differ.” Most Texas counties charge somewhere between $80 and $100 per defendant for constable or sheriff service.
Two lower-cost options exist. Service by certified mail, return receipt requested, is handled by the clerk for a smaller fee in counties that offer it. A private process server approved by the court is another route, priced by the server rather than the county. Service rules for justice court cases are in Rule 501.2 of the Texas Rules of Civil Procedure.
## Optional and later costs
The base filing and service fees cover an uncontested path to a hearing. A few additional charges come up depending on how the case unfolds.
– **Jury trial.** Either party can demand a jury in justice court by paying a jury fee. Bexar County lists a $22.00 jury trial demand fee. Without a demand and fee, the justice of the peace decides the case alone.
– **Counterclaim.** A defendant who sues the plaintiff back files a counterclaim, which carries its own filing fee, listed at $54.00 in Bexar County. That cost falls on the defendant, not the plaintiff.
– **Serving an additional defendant.** Each new defendant added to the suit adds another per-defendant service fee.
These are the charges that turn a simple $50-to-$95 filing into a larger figure. A plaintiff filing one petition against one defendant, with no jury demand, pays only the filing fee plus one service fee.
## What an appeal adds
Either side can appeal a justice court judgment to the county court, where the case is tried over again from the start. The losing party perfects the appeal within 21 days of the judgment by filing an appeal bond, making a cash deposit, or filing a sworn Statement of Inability to Afford Payment of Court Costs, as described on the Travis County justice court civil suits page and set out in Rule 506.1 of the Texas Rules of Civil Procedure.
The appeal also triggers a county court filing fee, which is higher than the justice court fee. Bexar County lists a $64.00 charge to appeal out of justice court, separate from the bond or deposit the rule requires. Appeal costs apply only if a party chooses to appeal; most cases end at the justice court hearing. Collecting on a judgment once it is final, through tools like a writ of execution or an abstract of judgment, carries its own separate fees covered in the Texas writ of execution and abstract of judgment articles.
## If you cannot afford the fees
A person who cannot pay court costs can ask the court to waive them by filing a Statement of Inability to Afford Payment of Court Costs. The statement is a sworn form describing income, benefits, and expenses. When it is filed with the petition, the case proceeds without the filing and service fees paid up front, and the Travis County justice court page confirms the same statement can substitute for an appeal bond.
The form is filed under Rule 502.3(b) of the Texas Rules of Civil Procedure. The clerk cannot refuse a petition for nonpayment while a properly completed statement is on file. A party who later receives money from the case may have to pay the deferred costs out of the recovery. The same form is available for the filing fee, the service fee, and the appeal bond, so a qualifying litigant can pursue a case from start to finish without paying these costs in advance.
Frequently asked questions
What is the cheapest way to sue someone in Texas?
Do I get the filing fee back if I win?
Does it cost more to sue for a larger amount?
Tex. Gov’t Code § 27.031. The fee pays to open the case and is not scaled to the amount in dispute. Claims above $20,000 belong in a county or district court, where filing fees are higher.Is there a separate fee to have the defendant served?
What does it cost to appeal a small claims judgment?
Sources
- Tex. Gov’t Code § 27.031 (justice court jurisdiction, $20,000 limit)
- Texas Office of Court Administration, Civil Filing Fees in Justice Courts
- Texas Rules of Civil Procedure (Rules 500–510, justice court rules)
- Bexar County, Texas, Justice Court Filing Fee Schedule
- Travis County Justice Court, Civil Suits and appeal procedure