Texas · Debt collection defense

Debt collection defense in Texas small claims

Being sued over an alleged debt? Organize your defense.

If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.

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).

Debt collection defense: steps that matter

  1. Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
  2. Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
  3. Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
  4. Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.

Filing your petition in Texas

  1. 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.
  2. 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.
  3. 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.
  4. 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 debt collection defense

A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.

Debt: 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).

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.