How does small claims court work in Texas?
1. Jurisdictional Limit
Tex. Gov. Code § 27.031(a)(1) caps Justice Court jurisdiction at $20,000, exclusive of interest and costs. This is the highest small claims limit in the country.
2. Court Name
Texas eliminated separate "small claims courts" in 2013; cases are now heard by Justice of the Peace Courts under Tex. R. Civ. P. 500-507. Each county has one or more JP precincts.
3. Filing Fee
Filing fees typically run $54-$104 depending on county and service method. Indigent plaintiffs may file a Statement of Inability to Afford Payment of Court Costs (Rule 502.3).
4. Filing the Claim
File the Petition (Rule 502) in the JP precinct where the defendant resides, where the contract was performed, or where the cause of action accrued (Tex. Civ. Prac. & Rem. Code § 15.082). Service is performed by the constable, sheriff, or authorized private process server via personal delivery or certified mail.
5. Defendant's Response
Defendants must file an Answer by 10:00 a.m. on the Monday following 14 days after service (Rule 502.5). Failure to answer results in default judgment after a hearing on damages.
6. Attorney Representation
Attorneys are permitted on both sides (Rule 500.4). Individuals may represent themselves; corporations may appear through an employee, officer, or attorney.
7. Hearing
Rule 500.3(d) provides that hearings are conducted informally. The Texas Rules of Evidence apply only generally; the judge may admit any relevant evidence. Discovery is limited and requires court approval (Rule 500.9).
8. Judgment & Collection
Either party may appeal to County Court at Law for a trial de novo within 21 days by filing a bond equal to twice the judgment (Rule 506.1). Collection tools include writs of execution, wage garnishment (limited in Texas to child support, taxes, and student loans), and bank account turnover.
9. Statute of Limitations
Standard SOLs apply: 4 years for written contracts and debt (Tex. Civ. Prac. & Rem. Code § 16.004), 2 years for personal injury and property damage (§ 16.003).
This is legal information, not legal advice.
- Your claim exceeds $20,000 and must be filed in County Court or District Court
- The defendant has filed a complex counterclaim involving fraud, business torts, or DTPA violations
- You need to appeal to County Court at Law where formal rules of evidence and procedure apply
- Tex. Gov. Code § 27.031
- Tex. R. Civ. P. 500-507
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.