Texas Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Texas: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Texas
- Small claims limit
- $20,000, excluding statutory interest and court costs but including any attorney fees, for recovery of money damages, civil penalties, personal property or other relief allowed by law. Debt claim cases (by assignees, debt collectors, lenders) and tenant repair-and-remedy cases have the same $20,000 limit under their own rules. Tex. R. Civ. P. 500.1(a)-(c)
- Filing fee
- The plaintiff pays the court's filing fee and any service fees when filing the petition. A person who cannot afford the fees may file a Statement of Inability to Afford Payment of Court Costs, which the clerk must provide free. Tex. R. Civ. P. 502.2(b), 502.3
- Are lawyers allowed?
- Yes. An individual may represent themselves or hire an attorney. A corporation or other entity may be represented by an attorney or by a non-attorney employee, owner, officer or partner. The court may allow an unpaid family member or other person to assist a self-represented individual. Tex. R. Civ. P. 500.3
- Appeals
- Either party may appeal within 21 days after the judgment is signed (or after a motion for new trial, to set aside or to reinstate is denied) by filing a bond, cash deposit or Statement of Inability with the justice court. A plaintiff's bond is $500; a defendant's bond is twice the judgment amount. The case is tried de novo (a completely new trial) in county court. Tex. R. Civ. P. 506.1, 506.3
Court: Justice Court (small claims cases). Last verified: 2026-10-24.
How to file a small claims case in Texas
- Confirm your claim is $20,000 or less (including attorney fees) and choose the justice court precinct where the defendant lives, where the events happened or where the contract was to be performed.
- File a small claims petition with the justice court naming the parties, the amount and the basis of your claim.
- Pay the filing and service fees, or file a Statement of Inability to Afford Payment of Court Costs.
- Have the citation served by a constable, sheriff, certified process server or the clerk by certified mail.
- The defendant must file a written answer within 14 days after service, or a default judgment may be entered; counterclaims are filed as a separate petition.
- After an answer, the court mails notice of the trial setting; file any jury demand at least 14 days before trial and bring your evidence and witnesses.
- Either side may appeal for a new trial in county court within 21 days; if you win and are not paid, use the same enforcement tools as county and district courts.
Can you use small claims court?
| Small claims limit | $20,000, excluding statutory interest and court costs but including any attorney fees, for recovery of money damages, civil penalties, personal property or other relief allowed by law. Debt claim cases (by assignees, debt collectors, lenders) and tenant repair-and-remedy cases have the same $20,000 limit under their own rules. Source: Tex. R. Civ. P. 500.1(a)-(c) |
|---|---|
| Who can file | Any person or entity may file a small claims case. Suits to collect a debt brought by an assignee, debt collector or collection agency, financial institution or lender are filed as debt claim cases under Rule 508 instead. Source: Tex. R. Civ. P. 500.1(a)-(b) |
| Are lawyers allowed? | Yes. An individual may represent themselves or hire an attorney. A corporation or other entity may be represented by an attorney or by a non-attorney employee, owner, officer or partner. The court may allow an unpaid family member or other person to assist a self-represented individual. Source: Tex. R. Civ. P. 500.3 |
Filing your case
| Where to file | Generally in the justice court for the county and precinct where the defendant lives, where the incident (or most of the incidents) occurred, where the contract was to be performed, or, for recovery of personal property, where the property is located. If the defendant does not live in Texas or their residence is unknown, the plaintiff may file where the plaintiff lives. Source: Tex. R. Civ. P. 502.4 |
|---|---|
| Official forms | Texas small claims cases (up to $20,000) are filed in justice court. The Texas State Law Library points to two official sources for the small claims petition: the eFileTexas.gov self-help interactive interview, which creates a Texas Small Claims Petition (or Debt Claim Petition), and the Texas Justice Court Training Center's small claims forms (English and Spanish), including its "Filing a Small Claims Case" packet. Limit: https://guides.sll.texas.gov/small-claims |
| Filing fee | The plaintiff pays the court's filing fee and any service fees when filing the petition. A person who cannot afford the fees may file a Statement of Inability to Afford Payment of Court Costs, which the clerk must provide free. Fee amounts are set by statute and county; ask the justice court clerk for the current fee. Source: Tex. R. Civ. P. 502.2(b), 502.3 |
| Serving the defendant | The citation and petition may be served by a sheriff or constable, a certified process server, the court clerk by registered or certified mail (restricted delivery, return receipt), or an adult authorized by court order; a party or interested person may not serve. Service is by personal delivery or by registered or certified mail. If those fail, the court may authorize alternative service. A plaintiff who filed a Statement of Inability must use a sheriff, constable or the clerk. Source: Tex. R. Civ. P. 501.2 |
Before and at the hearing
| When the hearing happens | After the defendant answers, the judge sets the case for trial; the court must mail notice of the trial setting to all parties at least 45 days before the setting date unless the judge finds an earlier setting is required in the interest of justice. Source: Tex. R. Civ. P. 503.3(a) |
|---|---|
| Does the defendant file an answer? | Yes. The defendant must file a written answer and serve a copy on the plaintiff by the end of the 14th day after being served (42nd day after the citation issued if served by publication). A general denial is enough. If the defendant does not answer, the plaintiff may seek a default judgment. Source: Tex. R. Civ. P. 502.5, 503.1 |
| Counterclaims | A defendant may file a counterclaim against the plaintiff on any claim within justice court jurisdiction (up to $20,000), whether or not related to the plaintiff's claim, by filing a petition and paying a filing fee or filing a Statement of Inability. Source: Tex. R. Civ. P. 502.6(a) |
| Mediation | The judge may order any case to mediation or another alternative dispute resolution process; Texas policy encourages voluntary settlement. Source: Tex. R. Civ. P. 503.5 |
| Jury trial | Yes. Any party may demand a jury by filing a written demand no later than 14 days before the trial date and paying a $22 jury fee (or filing a Statement of Inability). Otherwise the judge decides the case. Source: Tex. R. Civ. P. 504.1 |
After the decision
| Appeals | Either party may appeal within 21 days after the judgment is signed (or after a motion for new trial, to set aside or to reinstate is denied) by filing a bond, cash deposit or Statement of Inability with the justice court. A plaintiff's bond is $500; a defendant's bond is twice the judgment amount. The case is tried de novo (a completely new trial) in county court. Source: Tex. R. Civ. P. 506.1, 506.3 |
|---|---|
| Collecting your judgment | Justice court judgments are enforced the same way as county and district court judgments. For a judgment for personal property, the court may issue a writ to seize and deliver the property and may enforce it by attachment or fine. Source: Tex. R. Civ. P. 505.2 |
Deadline to sue
4 years. A suit on a debt (such as unpaid rent) must be brought within four years after the cause of action accrues; the residual limitations period for actions with no express period is also four years. The same 4-year period applies to written and oral leases. A lease may not shorten the period to less than two years. Tex. Civ. Prac. & Rem. Code Sec. 16.004(a)(3), 16.051, 16.070
Suing a landlord or tenant in Texas
Texas justice courts hear tenant suits for security deposit refunds, landlord claims for unpaid rent or damages, and tenant repair-and-remedy cases, each up to $20,000. A claim for unpaid rent of up to $20,000 may also be joined with an eviction case, which is governed by Rule 510.
- Texas security deposit demand letter (send before you sue)
- Texas security deposit law
- Tenant lawyers and free legal aid in Texas
Texas small claims FAQ
What is the small claims limit in Texas?
$20,000, excluding statutory interest and court costs but including any attorney fees, for recovery of money damages, civil penalties, personal property or other relief allowed by law. Debt claim cases (by assignees, debt collectors, lenders) and tenant repair-and-remedy cases have the same $20,000 limit under their own rules.
Who can file a small claims case in Texas?
Any person or entity may file a small claims case. Suits to collect a debt brought by an assignee, debt collector or collection agency, financial institution or lender are filed as debt claim cases under Rule 508 instead.
Can you bring a lawyer to small claims court in Texas?
Yes. An individual may represent themselves or hire an attorney. A corporation or other entity may be represented by an attorney or by a non-attorney employee, owner, officer or partner. The court may allow an unpaid family member or other person to assist a self-represented individual.
Where do I file a small claims case in Texas?
Generally in the justice court for the county and precinct where the defendant lives, where the incident (or most of the incidents) occurred, where the contract was to be performed, or, for recovery of personal property, where the property is located. If the defendant does not live in Texas or their residence is unknown, the plaintiff may file where the plaintiff lives.
How much does it cost to file in small claims court in Texas?
The plaintiff pays the court's filing fee and any service fees when filing the petition. A person who cannot afford the fees may file a Statement of Inability to Afford Payment of Court Costs, which the clerk must provide free.
How do I serve the other side in a Texas small claims case?
The citation and petition may be served by a sheriff or constable, a certified process server, the court clerk by registered or certified mail (restricted delivery, return receipt), or an adult authorized by court order; a party or interested person may not serve. Service is by personal delivery or by registered or certified mail. If those fail, the court may authorize alternative service. A plaintiff who filed a Statement of Inability must use a sheriff, constable or the clerk.
How long does a small claims case take in Texas?
After the defendant answers, the judge sets the case for trial; the court must mail notice of the trial setting to all parties at least 45 days before the setting date unless the judge finds an earlier setting is required in the interest of justice.
Does a defendant have to file an answer in Texas small claims court?
Yes. The defendant must file a written answer and serve a copy on the plaintiff by the end of the 14th day after being served (42nd day after the citation issued if served by publication). A general denial is enough. If the defendant does not answer, the plaintiff may seek a default judgment.
Can the defendant file a counterclaim in Texas small claims court?
A defendant may file a counterclaim against the plaintiff on any claim within justice court jurisdiction (up to $20,000), whether or not related to the plaintiff's claim, by filing a petition and paying a filing fee or filing a Statement of Inability.
Is there a jury in Texas small claims court?
Yes. Any party may demand a jury by filing a written demand no later than 14 days before the trial date and paying a $22 jury fee (or filing a Statement of Inability). Otherwise the judge decides the case.
Can you appeal a small claims decision in Texas?
Either party may appeal within 21 days after the judgment is signed (or after a motion for new trial, to set aside or to reinstate is denied) by filing a bond, cash deposit or Statement of Inability with the justice court. A plaintiff's bond is $500; a defendant's bond is twice the judgment amount. The case is tried de novo (a completely new trial) in county court.
How do I collect a small claims judgment in Texas?
Justice court judgments are enforced the same way as county and district court judgments. For a judgment for personal property, the court may issue a writ to seize and deliver the property and may enforce it by attachment or fine.
Is mediation required in Texas small claims court?
The judge may order any case to mediation or another alternative dispute resolution process; Texas policy encourages voluntary settlement.
Where can I get small claims court forms in Texas?
Texas small claims cases (up to $20,000) are filed in justice court. The Texas State Law Library points to two official sources for the small claims petition: the eFileTexas.gov self-help interactive interview, which creates a Texas Small Claims Petition (or Debt Claim Petition), and the Texas Justice Court Training Center's small claims forms (English and Spanish), including its "Filing a Small Claims Case" packet.
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