Texas Small Claims Court: Limits, Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Claim limit
- $20,000excluding statutory interest and court costs
- Filing fee
- ≈$54 + ~$75 service per defendantvaries somewhat by county
- Attorneys
- Allowed (not required)
- Court
- Justice Court (Justice of the Peace)
Texas small claims cases are heard in justice courts (justice of the peace courts) with one of the highest limits in the country: $20,000, excluding statutory interest and court costs. The limit was raised from $10,000 in September 2020 under Texas Rule of Civil Procedure 500.3.
Filing typically costs about $54 plus roughly $75 for service of citation on each defendant, with some county-to-county variation. Attorneys are allowed but not required, and the rules (TRCP Part V) are written for self-represented parties. Either side can appeal for a completely new trial in county court within 21 days — but only when the judgment or amount in dispute exceeds $250.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing feecheck your county's justice court | ≈$54 | Official fee |
| Service of citation | ≈$75 per defendant | Official fee |
| Jury fee (if requested) | $22 | Official fee |
| Appeal bond/depositappeal costs are set at the time of appeal | varies | Official fee |
Requirements
| Requirement | Rule |
|---|---|
| Claim type | Money claims only in a small claims case (recovery of personal property uses other justice-court dockets) |
| Venue | Generally the precinct where the defendant resides or where the events occurred |
| Response | Defendant must answer by the end of the 14th day after service |
| Appeal | Within 21 days — trial de novo in county court; only if judgment/amount in dispute exceeds $250 |
The process, step by step
- File the petition. File in the right justice precinct and pay ~$54 (or file a Statement of Inability to Afford Payment of Court Costs).
- Serve the defendant. Constable or sheriff serves the citation (~$75/defendant); the defendant has 14 days to answer.
- Default or trial. No answer → ask for default judgment. Answer filed → the court sets a bench (or jury) trial; discovery is limited and needs court approval.
- Judgment and collection. Winning plaintiff can use abstract of judgment, writ of execution or garnishment; court costs are recoverable.
Forms & where to file
Justice of the Peace Court for the precinct where the defendant lives or the claim arose.
Frequently asked questions
What is the small claims limit in Texas?
$20,000, excluding statutory interest and court costs — one of the highest small-claims ceilings in the US, in effect since September 2020.
How much does it cost to sue in Texas justice court?
About $54 to file plus roughly $75 per defendant for service of citation (county fees vary slightly). Fee waivers are available with a Statement of Inability to Afford Payment of Court Costs.
Can I have a lawyer in Texas small claims court?
Yes — attorneys are permitted, though most parties self-represent. Justice-court rules are deliberately informal.
Can I appeal a justice court judgment?
Yes — either party may appeal within 21 days by posting a bond/deposit or filing a statement of inability. The county court then holds a completely new trial. Appeals are only available when more than $250 is at stake.
Related information
Sources & verification
- Texas State Law Library — Small Claims Cases (TRCP 500.3)
- Waller County Justice Court — filing small claims (typical fees)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.