Texas · Unpaid invoice

Unpaid invoice in Texas small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

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).

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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 unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

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).

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.