Texas · Moving company damage or loss
Moving company damage or loss in Texas small claims
Mover damaged or lost your belongings? Recover in small claims.
When a moving company damages furniture, breaks valuables, or loses boxes during a move, small claims court is often the most practical way to recover the cost of the damaged or missing items. Your claim rests on proving what the mover contracted to transport, what was damaged or lost, and its value. The moving contract and a careful inventory of what was missing or broken at delivery are your most important evidence.
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.
Moving company damage or loss in Texas: local specifics
Texas moving company claims are filed as civil petitions in the Justice Court (JP court). Texas applies separate limitations periods for contract and property damage claims, so the theory you use to frame your claim may affect your deadline.
Moving company damage or loss: steps that matter
- Keep your moving contract, estimate, and bill of lading, and note any inventory forms the mover provided.
- Document all damage immediately at delivery — photos, a written list, and the mover's own delivery receipt if they made one.
- File a formal written claim with the moving company first, noting their deadline for response (often specified in your contract).
- If the company does not resolve the claim, send a demand letter stating the total amount sought and keep proof you sent it.
- File in the court for the county where the moving company is located or where delivery occurred.
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 moving company damage or loss
A moving company claim can be framed as a contract claim (the mover was paid to transport goods safely and did not) or as a property damage claim (the mover damaged or lost your property). The applicable statute of limitations may depend on which theory you use; some states also have specific carrier liability rules. Confirm which deadline 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 moving company damage or loss 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 moving company damage or loss 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.