Texas · Contractor dispute
Contractor dispute in Texas small claims
Contractor didn't finish or won't refund? Sue in small claims.
When a contractor takes a deposit and disappears, leaves a job unfinished, or does work that causes damage, small claims court is often the right venue to recover your money. You do not need a lawyer. Your case rests on your contract or estimate, proof of payment, documentation of what was promised, and evidence of what was actually delivered — or not delivered.
In Texas, small-claims cases are heard in the Justice Court (Justice of the Peace) and you can sue for up to $20,000 (including any attorney's fees, but excluding statutory interest and court costs).
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.
Contractor dispute in Texas: local specifics
Texas contractor disputes are filed as civil petitions in the Justice Court (JP court). Texas treats contractor claims primarily as contract claims, and the general limitations period applies to both written and oral agreements with a contractor.
Contractor dispute: steps that matter
- Gather your written contract, estimate, or text messages showing what was agreed, and keep all receipts and payment records.
- Document the incomplete or defective work with photos and, if possible, a written assessment from another contractor.
- Send a written demand to the contractor stating what you are owed and a deadline to respond, and keep proof you sent it.
- File in the court for the county where the contractor operated or where the work was done, and bring every document to the hearing.
- If the contractor holds a license, check your state's licensing board — a complaint there may run parallel to your court case.
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.
Deadline that applies to your contractor dispute
A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.
Breach of written or oral contract: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004)
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).
All Texas small-claims deadlines
The table below lists the filing deadlines Justice Court (Justice of the Peace) applies by claim category. Confirm the exact rule that applies to your contractor dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| 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 |
Texas small-claims forms for your contractor dispute case
These forms are published by the Justice Court (Justice of the Peace). CaseBySelf can pre-fill them automatically 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.