A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Texas you can sue for up to $20,000 in the Justice Court (Justice of the Peace Court), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
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. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Texas Small Claims Petition. Usually about 2 to 3 months; the court gives at least 45 days' notice of the trial date. If the defendant doesn't answer, you can ask for a default judgment sooner.
$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. If you can't afford it, ask for a fee waiver: Statement of Inability to Afford Payment of Court Costs.
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Libel and slander suits can't be filed in Justice Court at all.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 4 years |
| Broken verbal agreement | 4 years |
| Damaged property | 2 years |
| Personal injury | 2 years |
| Fraud | 4 years |
| Libel or slander | 1 year |
| Claims against a government agency | To sue a Texas government body for injury or damage, give it written notice within 6 months; a city charter can set a shorter deadline. |
Yes. You can bring a lawyer or represent yourself. A business can send an owner, officer, partner or employee instead of a lawyer.
You can ask for up to $20,000 including any attorney fees; interest and court costs don't count. Businesses have the same limit. Justice courts can't hear libel or slander, divorce, or disputes over title to land. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
You can ask the court to appoint an interpreter; it's free for deaf and hard-of-hearing people and for anyone who filed a Statement of Inability.