Small Claims in Texas Justice Courts

This hub covers small claims procedure in Texas justice courts: who can file, what the courts can decide, the rules that apply, and how a case moves from filing through judgment and collection. Texas consolidated its old “small claims court” into the justice courts in 2013, so today every low-dollar civil case in Texas is heard by a justice of the peace operating under Texas Rules of Civil Procedure 500–510. The specific procedures (filing a petition, serving a defendant, presenting evidence, collecting on a judgment) live in their own articles linked at the end of this page.

Texas justice courts as the small claims venue

Texas has four levels of trial court: district courts, county courts, justice courts, and municipal courts. Justice courts handle small claims and other minor civil matters along with Class C misdemeanors and most landlord-tenant disputes. The Texas Judicial Branch’s overview of trial courts describes how the levels divide work.

Each county has between one and eight justice of the peace precincts depending on population, set by the Texas Constitution. Cases are heard before a justice of the peace, who does not have to be a licensed attorney. Hearings are short and informal compared to district court, and lawyers are allowed but most parties appear without one. The rules were rewritten with that in mind.

Until 2013, Texas ran two parallel tracks for low-dollar civil cases: a separate “small claims court” with its own rules, and “justice court” with general civil rules in the same building. The legislature consolidated the two, and Rules 500 through 510 of the Texas Rules of Civil Procedure now provide a single procedure for all civil cases in justice court below the jurisdictional limit, including what most Texans still call “small claims.”

Dollar limits, jurisdiction, and case types

Justice courts have civil jurisdiction over cases in which the amount in controversy does not exceed $20,000, exclusive of statutory interest and costs. The jurisdictional grant is in Tex. Gov’t Code § 27.031, which was amended effective September 1, 2020 to raise the cap from $10,000 to $20,000. The cap is on the amount demanded, not the eventual judgment, and includes any statutory damages or penalties the plaintiff requests.

Cases that fit:

• Suits for money damages, including unpaid debts, unpaid invoices, property damage, and personal-injury claims under the cap
• Suits to recover personal property worth less than the cap
• Eviction (forcible entry and detainer) cases against tenants, with their own procedure under Rule 510
• Repair-and-deduct disputes and other landlord-tenant matters within the cap

Cases that do not fit, regardless of dollar amount:

• Suits involving title to land
• Defamation (libel or slander) suits
• Suits by or against the state, with narrow statutory exceptions
• Eminent domain proceedings
• Probate, divorce, or custody matters
• Cases seeking injunctive relief beyond the limited statutory exceptions

When a case fits the dollar limit but asks the court for something it cannot grant (for example, an order forcing a contractor to finish a job rather than money damages), it belongs in another court.

Filing fees and where to file

A case is filed by submitting a petition (called a “Statement of Claim” in many counties) to the justice court for the precinct where venue is proper. Venue is set by Rule 502.4 of the Texas Rules of Civil Procedure, drawing on the general venue framework in Tex. Civ. Prac. & Rem. Code Chapter 15. A suit can usually be brought in the precinct where:

• The defendant resides
• The defendant has its principal office, for a business
• All or part of the cause of action accrued
• The contract was to be performed, for breach-of-contract cases
• The property is located, for suits involving personal property

When two or more precincts qualify, the plaintiff chooses among them. The defendant can challenge venue by filing a sworn motion to transfer; if granted, the case moves to a proper precinct rather than being dismissed.

As of 2026, filing fees in justice court typically run $46 to $54 for the petition itself, with service of citation adding $75 to $100 per defendant for constable service or $50 to $80 for private process. Some counties charge a small technology fee on top. A person who cannot afford the fees can file a Statement of Inability to Afford Payment of Court Costs (the statewide indigency form) under Rule 145.

Service of process

A defendant who has not been properly served cannot be required to appear, and a judgment entered without proper service is not enforceable. Rule 501 of the Texas Rules of Civil Procedure governs service in justice court.

Three primary methods are available:

• Service by sheriff or constable, the most common method. The court issues a citation; the constable for the precinct delivers it on the defendant in person and files a return with the court.
• Service by private process server. Any person at least 18 years old who is certified by the Judicial Branch Certification Commission and is not a party to the case may serve citation.
• Service by certified or registered mail through the clerk, available with restrictions; the defendant or someone authorized must sign the return receipt for service to be valid.

Substituted service (leaving the citation with another adult at the defendant’s residence or place of business, followed by a mailed copy) is available under Rule 106 of the Texas Rules of Civil Procedure when personal service has been attempted unsuccessfully. The plaintiff or process server files a motion supported by affidavit describing the diligent attempts. Service on a business is made on its registered agent for service of process; for Texas entities, the registered agent is listed with the Texas Secretary of State.

Citation must be served and the return filed before the case can proceed to default judgment. Rule 502 of the Texas Rules of Civil Procedure sets the defendant’s answer deadline: the answer is due by the end of the first Monday after the expiration of 14 days from the date the defendant was served. If the defendant fails to answer, the plaintiff can ask the court for a default judgment after the deadline passes.

Hearings, evidence, and discovery

Justice court hearings are short and informal. There is no jury unless one is requested in writing and the jury fee is paid; the request is generally due at least 14 days before trial under Rule 504 of the Texas Rules of Civil Procedure.

Both sides present their evidence and witnesses. The Texas Rules of Evidence apply only to the extent the justice of the peace finds helpful; Rule 500 authorizes the court to develop the facts and limits strict application of the evidence rules in a way designed for self-represented parties. Common categories of evidence in small claims cases include:

• The contract, lease, invoice, receipt, or other document at the center of the dispute
• Photographs, repair estimates, or other proof of damage
• Bank records, canceled checks, or payment confirmations
• Communications between the parties, including texts, emails, and letters
• Witnesses who saw the events, signed the contract, or have direct knowledge of the underlying facts

Discovery is limited by design. Rule 500.9 caps pretrial discovery, generally to a request for disclosure and a small number of interrogatories or requests for production. A party seeking more discovery has to ask the court for permission. Subpoenas for witnesses or documents are available under Rule 501.

If the defendant fails to appear at trial after being properly served, the court may enter a default judgment after the plaintiff makes a brief showing of the facts and damages. If the plaintiff fails to appear, the court typically dismisses the case for want of prosecution, without prejudice to refiling.

Judgments, appeals, and collection

After hearing the evidence, the justice of the peace enters judgment. Judgments are sometimes announced from the bench and reduced to writing the same day; in busier courts, written judgment may follow by mail. The prevailing party in a money case is entitled to costs.

Either party may appeal a justice court judgment to the county court (or county court at law in larger counties) under Rule 506 of the Texas Rules of Civil Procedure. The appeal must be filed within 21 days after the judgment is signed and requires either a cash deposit, a surety bond, or a sworn Statement of Inability to Afford Payment of Court Costs for those who cannot afford a bond. The county court hears the case anew, meaning the result in justice court does not bind the higher court and the appealing party gets a fresh trial on both facts and law.

A money judgment becomes a debt the prevailing party can collect. Common collection tools include:

• Abstract of judgment, recorded with a county clerk to create a lien on the debtor’s non-exempt real property in that county
• Writ of execution, directing a sheriff or constable to seize and sell non-exempt personal property
• Post-judgment discovery, including written questions or depositions to identify what the debtor owns and where the assets are

A wide range of property is exempt from execution under Tex. Prop. Code Chapter 42, including a homestead, certain household goods, tools of trade, and most current wages. Texas does not allow wage garnishment for ordinary consumer debts, although court-ordered child support, federal student loans, and tax debts can reach wages under different rules. The Texas Attorney General’s consumer protection pages describe how the state regulates debt-collection conduct.