All states › Texas · How to file
Texas · Small claims guide · Updated Oct 2026

Get your money back in Texas small claims court

A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Texas you can sue for up to $20,000 in the Justice Court (Justice of the Peace Court), without hiring a lawyer. Check your case below, then follow six steps.

$20,000Max you can sue for
$54Filing fee
OptionalLawyers allowed, not required
2–3 monthsTypical wait from filing to hearing

Can you file? Check in 60 seconds

Answer a few questions. The result updates as you type.

Who is suing?
Your next steps

    How to sue in Texas small claims, step by step

    1. Ask for payment in writing

      The small claims rules don't require a demand before filing, but some claims do: consumer (DTPA) claims need written notice 60 days before suing, and to recover attorney fees on a contract you must present the claim and wait 30 days. A short, dated demand letter is the best proof. Use the generator below and keep a copy.

    2. Pick the right court

      File in the county and precinct where the defendant lives, where the problem happened, or where the contract was to be carried out. If the defendant lives out of state or can't be found, you can file where you live.

    3. Fill in the claim Small Claims Petition

      Texas Small Claims Petition. Usually about 2 to 3 months; the court gives at least 45 days' notice of the trial date. If the defendant doesn't answer, you can ask for a default judgment sooner.

    4. Pay the filing fee

      $54 to file in every county. Service by a sheriff or constable costs extra, usually about $65 to $90 per defendant, set by each county. If you can't afford it, ask for a fee waiver: Statement of Inability to Afford Payment of Court Costs.

    5. Have the papers served

      A sheriff, constable, certified process server, or the clerk by certified mail serves the defendant. You can't serve them yourself, and service isn't allowed on Sundays. After being served, the defendant has 14 days to file an answer.

    6. Prepare for the hearing and collect

      Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. If they don't pay, ask for a writ of execution, file an abstract of judgment to put a lien on real estate, or garnish a bank account. Wages generally can't be garnished in Texas.

    Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.

    Open the filing guide

    What's different in Texas

    Free demand letter

    Fill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.

    Your details stay in your browser. Nothing you type here is sent to our server.

    About you
    Who owes you
    Your demand

    Don't put your bank account number in the letter. A check or Zelle to your phone or email is enough.

    Deadlines to sue in Texas

    Miss this date and the court will dismiss your case, however strong it is. Libel and slander suits can't be filed in Justice Court at all.

    Type of claimDeadline
    Broken written contract (lease, invoice, signed agreement)4 years
    Broken verbal agreement4 years
    Damaged property2 years
    Personal injury2 years
    Fraud4 years
    Libel or slander1 year
    Claims against a government agencyTo sue a Texas government body for injury or damage, give it written notice within 6 months; a city charter can set a shorter deadline.

    Common questions

    Can I bring a lawyer?

    Yes. You can bring a lawyer or represent yourself. A business can send an owner, officer, partner or employee instead of a lawyer.

    What if I'm owed more than $20,000?

    You can ask for up to $20,000 including any attorney fees; interest and court costs don't count. Businesses have the same limit. Justice courts can't hear libel or slander, divorce, or disputes over title to land. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.

    Can I appeal if I lose?

    Either side can appeal within 21 days after the judgment is signed. The case is tried again from scratch in County Court. The appeal bond is $500 for a plaintiff and twice the judgment for a defendant, unless you file a Statement of Inability.

    Can I get an interpreter?

    You can ask the court to appoint an interpreter; it's free for deaf and hard-of-hearing people and for anyone who filed a Statement of Inability.

    Other states