Small Claims Court in Texas: Complete Guide
Everything you need to know about filing a small claims case in Texas, including the dollar limit, filing fees, court procedures, and what to expect at your hearing.
Data last updated: Apr 16, 2026Key Takeaways
- Maximum claim amount: $20,000.
- Filing fee: $35 to $100, depending on the county and amount.
- Lawyers allowed: Yes.
- Court: Justice Court (Small Claims).
Quick Facts
Where to File
The precinct where the defendant lives or where the obligation was to be performed.
How to File
File a petition with the Justice Court in the correct precinct. Pay the filing fee. The court will issue a citation that must be served on the defendant. Service can be completed by a constable, sheriff, or private process server.
Tips for Your Case
- Texas allows attorneys in small claims court, but they are not required.
- Bring organized copies of all evidence — one set for you, one for the judge, and one for the defendant.
- You can request a jury trial in Texas small claims court.
- If the defendant doesn't show up, you can win by default judgment.
- Texas allows wage garnishment for unpaid judgments in limited circumstances.
Related Resources
Frequently Asked Questions
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What is the small claims limit in Texas?
The maximum amount you can sue for in Texas small claims court (Justice Court) is $20,000. Texas raised this limit from $10,000 effective September 1, 2020.
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Do I need a lawyer for small claims court in Texas?
No, you do not need a lawyer, but lawyers are allowed to represent parties in Texas small claims court. For claims under a few thousand dollars, most people represent themselves.
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How much does it cost to file in Texas small claims court?
Filing fees typically range from $35 to $100 depending on the county and claim amount. Additional costs include service of process fees, usually $75 to $150.
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Can I appeal a small claims court decision in Texas?
Yes. Either party can appeal to the County Court within 21 days of the judgment. The appeal results in a completely new trial (trial de novo).