Texas small claims Playbook
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The Playbook coaches you as you organize and present your own case. Members: the prep guides that work in any state are in Part 1 of the Playbook below, and Part 2 covers Texas's forms, filing steps, service and hearing. For the basics, see the Texas overview.
Can a business sue in Texas small claims?
Businesses file the same small claims case, in the same court, with the same $20,000 limit and $54 fee. No lawyer is required: a corporation or other entity can be represented by a non-lawyer employee, owner, officer, or partner, or by a lawyer. This applies whether the business is suing or being sued.
Lenders, debt collectors, debt buyers, and financial institutions suing to collect a debt file a separate debt claim case (Rule 508) with extra petition requirements, which this guide doesn't cover.
Texas small claims forms
There's no single required statewide petition form. Courts can offer forms but can't make you use them. Many counties post a "Small Claims Petition" based on the Supreme Court–approved justice court forms.
Texas small claims FAQ
What is the small claims limit in Texas?
$20,000. Attorney's fees count toward the limit; interest and court costs don't.
How much does it cost to file small claims in Texas?
The filing fee is $54 statewide (OCA Justice Court Civil Filing Fees, eff. 1/1/2024). You also pay the constable or sheriff to serve the defendant, at a rate set by each county. If you can't afford the costs, you can file a Statement of Inability to Afford Payment of Court Costs.
Where do I file small claims in Texas?
In the county and justice precinct where the defendant lives, where most of the events happened, where the contract was to be performed, or where the property is if you're suing to get personal property back.
Is there a required small claims form in Texas?
No single statewide petition form is required. Courts can offer forms but can't make you use them; many counties post a Small Claims Petition based on the Supreme Court-approved forms.
Do I need a lawyer for small claims in Texas?
No. You can represent yourself or hire a lawyer. A business can be represented by a non-lawyer employee, owner, officer, or partner.
How long does the defendant have to answer in Texas small claims?
Until the end of the 14th day after service. If they don't answer, you may be able to get a default judgment.
What happens after you file in Texas?
Filing is only the first step. After the clerk accepts your claim, the other side has to be formally told about the case, you show up on your hearing date with your proof, and the judge decides. If you win, collecting the money is a separate step, and either side may have a limited chance to appeal. Deadlines and methods differ from court to court, so when something below isn't spelled out, check your court's rules.
New to this? Our plain-language guides walk through each stage: how to fill out and file your claim form, how to serve small claims papers, and what to say on hearing day.
How much should I ask for in Texas small claims?
Ask for what you can prove: receipts, invoices, estimates and a simple running total. If your loss is bigger than the Texas limit described above, look closely at your options before filing, because what happens to the extra amount depends on your court's rules. Our guide to how much you can sue for in small claims explains the basics, and the damages calculator (free quick total; the itemized version is in your Playbook) helps you add up your numbers.
Where should I start?
If you're not sure whether small claims fits your problem, begin with Start Here. It points you to the right path whether you're ready to sue, just got sued, or already won. Need a different state? See every state guide.
What's in the Texas Playbook section
- Part 1: Prep guides that work in any state
- Part 2: Texas specifics
- Sample filing (made-up example)
- Checklist
- Timeline
- Hearing outline
- Texas printables
- Texas day-of plan
Want the whole game plan for Texas? The Texas Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.