Texas · Justice Court (Justice of the Peace)
How to file a small-claims case in Texas
You can sue for up to $20,000 in Texas (including any attorney's fees, but excluding statutory interest and court costs). Here is where to file, what the deadlines are, and how to keep your case organized.
Good to know: Texas no longer has a separate "small claims court." Since 2013, a small-claims case is a civil case heard in the Justice Court (the Justice of the Peace, or "JP" court) under Texas Rules of Civil Procedure 500–510.
Filing your petition in Texas
- Gather your information. Collect your evidence and the full legal names and addresses of everyone you are suing. You can sue for up to $20,000.
- Find the right Justice Court. File in the Justice of the Peace precinct with proper venue, usually where the defendant lives or where the events happened. Call the clerk to confirm venue, fees, and local procedure.
- File your petition. Complete and file the petition in person, by mail, or through eFileTexas.gov, which offers a guided small-claims petition. Pay the filing fee when you file.
- Serve the defendant. The court issues a citation that, with your petition, must be served on the defendant by a constable, sheriff, approved process server, or the clerk by certified mail. You cannot serve the papers yourself.
Filing fees: Filing fees are set locally and vary by county, commonly in the range of about $30–$100, plus a separate service-of-citation fee. Verify the exact amount with your Justice Court.
Key Texas deadlines
| Case type | Deadline to file |
|---|---|
| Breach of written or oral contract (Tex. Civ. Prac. & Rem. Code § 16.004) | 4 years |
| Debt (Tex. Civ. Prac. & Rem. Code § 16.004) | 4 years |
| Property damage (Tex. Civ. Prac. & Rem. Code § 16.003) | 2 years |
| Personal injury (Tex. Civ. Prac. & Rem. Code § 16.003) | 2 years |
Answering a lawsuit: The defendant must answer by the end of the 14th day after being served with the citation and petition (Texas Rule of Civil Procedure 502.5). If that day falls on a weekend or holiday, the answer is due the next business day.
Serving the defendant: The petition and citation are served by a constable, sheriff, court-approved process server, or the clerk by certified or registered mail. The plaintiff cannot personally serve the defendant.
Appeals: Either party may appeal a Justice Court judgment to the county court within 21 days, where it is heard de novo (a brand-new trial). Perfecting the appeal requires an appeal bond, cash deposit, or a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 506.1).
Texas small-claims forms
Official Texas forms, free from the court; CaseBySelf can pre-fill them from your case details.
- Petition - Small Claims Case: Begins a Texas small-claims case in justice court.
- Self-Help Legal Information Packet: Filing a Small Claims Case: Explains Texas justice-court small-claims eligibility, filing, service, trial, appeal, and collection basics.
- Statement of Inability to Afford Payment of Court Costs or an Appeal Bond: Requests permission to file, participate, or appeal without prepaying court costs the person cannot afford.
- Answer - Small Claims Case: Lets a Texas justice-court defendant answer a small-claims case.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Texas State Law Library: Small Claims Cases. Last reviewed 2026-06-22.