Texas Small Claims

Small claims is Texas’s easy way to resolve lower-value civil disputes, often withouta lawyer. In the US, each state sets its own rules, and Texas is no exception. All consumers, tenants, landlords, contractors, and small businesses should be able to recover their money or personal property efficiently.

What Is a Small Claims Court in Texas?

In Texas, small claims are heard in the Justice Courts (Justice of the Peace courts) and governed by Part V of the Texas Rules of Civil Procedure(TRCP).Typical cases heard in Justice Courts include debt claims, repair-and-remedy (tenant repair) matters, and evictions.

Parties may represent themselves, while individuals and businesses may also be represented without an attorney in specific circumstances (such as an entity by an owner or employee). The procedures are simplified, and the court may relax other civil rules to keep proceedings fair and efficient.

Small Claims Court Limits in Texas

A small claims court has a monetary limit of $20,000, excluding statutory interest and court costs but including attorney’s fees (if recoverable). This limit applies to small claims, debt claims, and repair-and-remedy; eviction suits may join a rent claim up to $20,000.

Individuals may appear pro se (self-representation). Entities may appear through an employee, owner, designated officer, or by counsel. In the case of an eviction matter, a property manager may appear in court.

Generally, small claims cases must be filed in the county where the defendant resides, where the events occurred, or where the contract was to be performed. It may also extend to the location of the property. Any change to the venue must be made within 21 days after the defendant files an answer.

A plaintiff may only file their claim for a certain amount of time after the incident occurs. This is called the statute of limitations. In a breach of contract case, the time period is four years, unless the contract gives a different time period. In most other cases, the time period is two years. If they file a case after the statute of limitations has expired, they will lose the case.

How to File a Small Claims Case in Texas

Texas courts allow the plaintiff (a party who sues) to file a small claims case through the following steps:

• Prepare the petition. The plaintiff must file a petition in the proper Justice Court. A petition must contain the amount and basis of the claim, name, addresses, and telephone numbers of both parties (if known). The courts accept filings by delivery, mail, and often electronically (e-filing). E-filing is mandatory for attorneys, optional for self-represented litigants.
• Pay fees. The plaintiff must pay a filing fee of $54, although this fee may vary by county and precinct. If they cannot afford fees, they should file a Statement of Inability to Afford Payment of Court Costs to the court.
• Service of citation. After the clerk issues a citation, the service may be made by a sheriff, constable, or other authorized process server. Justice Court clerks may also serve the defendant by registered or certified mail (return receipt requested) if authorized. The return of service must be filed with the court, and no default can be entered until proof of service has been on file for 3 days.
• Defendant’s deadline to answer. In most cases, the written answer is due by the end of the 14th day after service (different timing if served by publication).
• Counterclaims and third-party claims. Under Rule 502.6, defendants may file counterclaims within the court’s jurisdictional cap. They may also file cross-claims and third-party claims.
• Discovery (limited). Discovery is a legal process that allows parties to request information from one another. This process may be done before the trial (pre-trial) or after the trial (post-judgment). However, the judge must deem the process reasonable and necessary.

Small Claims Court in Major Texas Cities

Some small claims courts in major Texas cities include:

• Houston. Anyone interested in filing a small claims case in Houston may do so at the Harris County Justice of the Peace Court. The court offers “Find My Case” for individuals to search for court records.
• Dallas. Residents of Dallas may file their small claims cases at the Dallas County Justice of the Peace and Justice Court. The court allows the public to request subscription reports.
• Austin. Small claims cases in Austin are heard at the Travis County Justice of the Peace Court. The court allows individuals to search for court records through the Case Records Portal.

What to Expect at a Small Claims Hearing in Texas

Every small claims hearing is informal in the presence of a judge. The court develops the case and may question the parties or witnesses to ensure a fair, speedy disposition. All organized exhibits (such as contracts, invoices, screenshots, texts, photographs, or repair estimates) and any witnesses are presented to the court. A party may request the issuance of a subpoena through the clerk to order a witness to come to court.

If a properly served defendant fails to answer by the deadline or fails to appear, the court may enter default judgment. A party may appeal to the county court by filing an appeal bond, cash deposit, or Statement of Inability within 21 days after judgment (or after certain post-judgment motions are denied). The appeal is a trial de novo (a brand-new trial) in the county court.

How to Search for Small Claims Records in Texas

Small-claims civil files in Texas are presumptively public unless restricted by statute or order. All confidential data (that contains sensitive identifiers such as Social Security numbers) may be redacted from the records.

The State of Texas does not maintain a single statewide Justice of the Peace Court records portal. A public Justice of the Peace docket may include the case number, parties involved, a register of actions (events), settings, and judgment. For certified copies or documents not online, request them from the Justice Court clerk for the precinct where the case was filed. Individuals may contact

• County-specific portals. Some counties, such as Harris County, Denton County, and Chambers County, provide online search tools for Justice of the Peace Court records.
• Court Clerk. The clerks of the local Justice Courts keep records. Individuals may visit the clerk’s office to access the documents in person. They may also submit a request by mail to the clerk’s office or visit the public access computer terminals at the courthouse.
• Third-party Agencies. Some third-party organizations and websites may provide comprehensive case files for Justice of the Peace Court records. However, users should be aware that these are unofficial sources of records, and they need verification.