How Texas Justice Courts Handle Small Claims

This reference covers civil cases in Texas justice courts: what they handle, where to file, how filing and service work, and how the trial and appeal process is structured. It does not cover criminal class C misdemeanors, eviction (forcible detainer) cases, or the separate procedures for repair-and-remedy and debt claim sub-dockets, each of which has dedicated rules and its own spoke article.

What “small claims” actually means in Texas

Texas no longer has a separate “small claims court.” The 83rd Legislature abolished the distinct small claims docket in 2013, and the Supreme Court of Texas folded its functions into the general civil docket of the justice courts. The familiar phrase “small claims” survives in common usage and on county websites, but the procedure is now found in Texas Rules of Civil Procedure 500–507, which apply to four kinds of cases: small claims cases, debt claim cases, repair and remedy cases, and eviction cases.

A “small claims case” is defined in Rule 500.3(a) as a lawsuit brought to recover money damages, civil penalties, personal property, or other relief allowed by law, where the amount in controversy does not exceed $20,000 (excluding statutory interest and court costs but including attorney fees, if any). That definition is what this reference covers.

Justice courts are constitutional courts presided over by an elected justice of the peace. Each Texas county is divided into precincts, with a justice court (and one or more JPs) in each precinct. There are roughly 800 justice courts statewide, listed and reachable through the Texas Judicial Branch self-help portal.

Money limits and case types in justice court

The headline limit is the $20,000 jurisdictional cap set in Tex. Gov’t Code § 27.031(a)(1). That figure rose from $10,000 effective September 1, 2020, when House Bill 3336 (86th Legislature) raised the threshold. Cases above $20,000 in controversy generally belong in the county court at law or district court, depending on the county.

The $20,000 figure refers to the amount in controversy. Interest accruing after suit is filed and the court costs are not counted toward the cap, but attorney fees (when statutorily recoverable) are. A plaintiff who is owed more than $20,000 has two options: file in the higher court that has jurisdiction over the full amount, or waive everything above $20,000 and proceed in justice court. The waiver is permanent and applies to the entire claim, not just the amount filed.

A justice court can decide most civil disputes within the dollar limit: unpaid bills, breach of contract, property damage from a car wreck, return of a security deposit, consumer claims, and similar disputes. There are subject-matter exclusions, however. Justice courts do not have jurisdiction over suits on behalf of the state for penalties or escheat, divorce, defamation (slander), title to land, foreclosure of liens on land, enforcement of liens on land, eminent domain, or probate matters. Those exclusions are listed in Tex. Gov’t Code § 27.031(b).

Where to file: the right justice of the peace

A plaintiff files the petition at the justice court for a specific precinct in a specific county. Venue, which precinct is the right one, is governed by Rule 502.4. Several boxes can establish proper venue:

• The precinct where the defendant resides
• The precinct where the cause of action accrued (where the injury happened, the contract was performed, or the wrong was committed)
• The precinct where the defendant has a regular place of business (for cases arising out of that business)
• The precinct designated in a written contract that explicitly chooses venue
• The precinct where the property at issue is located, for cases involving recovery or damage to personal property

If more than one precinct qualifies, the plaintiff picks. A defendant who believes the case is filed in the wrong precinct can file a motion to transfer venue within 21 days of answering. The court then decides venue based on sworn affidavits or, if requested, an evidentiary hearing.

Counties divide JP precincts geographically; large urban counties have several. Harris County has 16 justice of the peace courts; Dallas County has 10; Travis County has 5, listed on the Travis County Justices of the Peace page. Most counties post a precinct map and a court locator on the county website.

Filing fees, service costs, and fee waivers

Filing fees in justice court are set by a mix of state statute and county order. As of 2026, the typical filing fee for a civil case ranges from roughly $54 to $79, depending on the county and the specific case type. Counties post their current fee schedules on the relevant JP website, for example, the Travis County Sheriff and Constable Schedule of Fees lists service fees that the constable charges separately from the clerk’s filing fee.

Beyond the filing fee, the plaintiff bears the cost of service of process. That cost depends on who serves the citation and which method is used. Personal service by a constable or sheriff typically runs $80 to $120 per defendant; service by a private process server can be similar or higher; service by certified mail through the clerk is generally the cheapest option but is not available in every situation.

A plaintiff who cannot afford the filing fee can file a Statement of Inability to Afford Payment of Court Costs (the form formerly called an “affidavit of indigence”) under Rule 502.3. The statement uses a court-approved form available through the Texas Judicial Branch and county clerk websites. If the statement is unchallenged within 7 days, the fees are waived; if challenged, the court holds a hearing on ability to pay under Rule 502.3(d).

Serving the defendant

A defendant who has not been properly served is not before the court, and any judgment entered against an unserved defendant can be set aside. Service of process, formal delivery of the citation and a copy of the petition, is governed by Rule 501.

Five methods of service are recognized in justice court cases:

• In-person service by a sheriff, constable, or court-approved process server, who hands the citation and petition to the defendant
• Service by mail, either certified mail or registered mail with return receipt requested, sent by the clerk, sheriff, constable, or process server
• Substituted service, with court permission, when in-person and mail service have been unsuccessful, typically allowed by leaving the papers with someone of suitable age at the defendant’s home or workplace, or by other means the court orders
• Service by publication, with court permission, when the defendant’s address is unknown despite diligent search
• Service on a registered agent for a corporation, LLC, or other business entity, looked up through the Texas Secretary of State’s database

The party serving must complete a return of service that records who served the defendant, when, where, and how. The return is filed with the court and becomes part of the record. Defective service is a frequent reason justice court judgments are vacated on appeal, and Rule 501.3 sets out the form and content of a valid return.

Service must be completed and the return filed before the trial date, with the precise lead time set in the citation itself. Most citations require service at least 14 days before the answer is due, per the answer-deadline framework in Rule 502.5.

Answering the suit and the trial process

A defendant served with a citation in a small claims case has until the end of the 14th day after service to file a written answer, with the deadline extended to the next Monday if the 14th day falls on a Saturday, Sunday, or legal holiday (Rule 502.5). The answer can be a letter, a form provided by the court, or any document indicating that the defendant disputes the claim, Texas justice court answer requirements are deliberately less technical than in district court.

A defendant who fails to answer by the deadline is in default. The plaintiff can request a default judgment by filing a written motion (or, in many counties, appearing on the docket call). The court enters judgment for the amount proved, supported by an affidavit or live testimony establishing the plaintiff’s damages. A default judgment is still subject to the proof requirement; the court does not enter judgment for an unsupported amount just because the defendant failed to appear.

If the defendant answers, the case is set for trial, usually 30 to 90 days out, depending on the court’s docket. Trial in justice court is bench trial by default; either party may demand a jury trial by paying the jury fee (currently $22) at least 14 days before trial. Civil juries in justice court consist of six members. The rules of evidence apply but are administered with some flexibility: Rule 500.3(d) directs the court to “develop the facts of the case” and gives the justice latitude to ask questions of witnesses.

After trial, the court can rule from the bench or take the matter under advisement. The written judgment is signed and entered, and a copy is provided to the parties or mailed.

Appeals and collecting on the judgment

A party who loses in justice court has a right to appeal to the county court (or county court at law). The appeal is by trial de novo, the case is tried over from the beginning, as if the justice court trial had not happened. The county court’s decision is not bound by anything that occurred in the justice court.

The deadlines are short. Under Rule 506.1, the appellant must file an appeal bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs within 21 days after the judgment is signed (or after a motion to set aside default judgment, motion for new trial, or motion to reinstate is denied). Missing the 21-day deadline forfeits the right to appeal.

The bond amount is twice the judgment, set by the justice court when the appeal is perfected. A defendant appealing without an attorney can also use the indigence procedure to avoid the cash bond. Once the appeal is perfected, the case is transferred to the county court and re-docketed there for trial.

If no one appeals, the prevailing party can begin collecting on the judgment. Collection is a separate process from the lawsuit itself. The principal post-judgment remedies in Texas include:

• Abstract of judgment, recorded in the county real property records, which creates a lien on the debtor’s non-exempt real estate in that county
• Writ of execution, issued by the clerk, directing the constable or sheriff to seize and sell non-exempt personal property
• Post-judgment discovery, allowing the judgment creditor to ask written questions or take a deposition to find out what assets the debtor owns
• Garnishment, available against bank accounts and other non-exempt funds (Texas does not allow wage garnishment for most consumer judgments under Tex. Const. art. XVI, § 28)

Statute-of-limitations rules in Chapter 16 of the Civil Practice and Remedies Code also limit how long a creditor has to file the original suit. For example, Tex. Civ. Prac. & Rem. Code § 16.004 sets a four-year period for breach of written contract, and § 16.003 sets a two-year period for property damage from a vehicle collision. A claim filed after the limitations period is barred even if otherwise valid.

The Texas Attorney General’s consumer protection division handles separate enforcement activity against unlawful debt collection practices, which can come up after a judgment if a collector oversteps the limits in the Texas Debt Collection Act (Tex. Fin. Code Ch. 392) or the federal Fair Debt Collection Practices Act.