How do I file a small claims case in Texas to recover money someone owes me?
In Texas, lawsuits to recover money in justice court are usually handled as small claims cases if the claim is $20,000 or less. Justice courts use simplified, informal procedures designed to resolve these disputes quickly and inexpensively, with limited discovery and an emphasis on hearing testimony and evidence directly at a hearing. Proceedings are governed by the small claims rules adopted by the Texas Supreme Court and the statutes that authorize those rules.
Filing typically begins by submitting a written petition or claim with the justice court clerk and arranging service on the defendant by a permitted method. The court makes rules about filing, service, and hearing procedures, and a defendant may file counterclaims or other responsive pleadings under the justice-court rules. The next practical step often is to prepare the claim form and gather the evidence you plan to use at the hearing.
Current Texas law
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The deadline that matters
A written demand for a jury must be filed no later than 14 days before the date a case is set for trial under Tex. R. Civ. P. 504.
What Texas law says
A small claims case is a justice-court lawsuit for money or other limited relief where the claim is no more than $20,000, governed by Rules 500-507 of the Texas Rules of Civil Procedure, and subject to the small-claims procedures the Texas Supreme Court has adopted under Tex. Gov’t Code § 27.060. See Tex. R. Civ. P. 500.1 and Tex. Gov’t Code § 27.060. Filing and service of documents must be in writing and filed with the court, and the rules set allowed methods of service and required certificates of service. See Tex. R. Civ. P. 510.5. Defendants may assert counterclaims within the justice court’s jurisdiction under the rules on counterclaims. See Tex. R. Civ. P. 502.6.
What to do
A common first step is to complete and file a written claim or petition with the justice court clerk where the defendant can be served.
A common next step is to use the in-app filled claim form and the evidence checklist to assemble contracts, receipts, texts, invoices, and any witnesses you plan to present at the hearing.
A common step is to arrange service of the citation and claim on the defendant using a permitted method (in-person, mail, or other methods the court allows).
A common step is to prepare for the hearing by organizing testimony and documents and considering whether to request a jury (noting the 14-day deadline for a jury demand).
A common step is to be ready to present witnesses and evidence informally at the justice court hearing, where the judge will develop the facts and hear testimony.
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Common questions
What is the maximum amount I can seek in Texas small claims?
Small claims cases in justice court are for claims of $20,000 or less, excluding statutory interest and court costs but including attorney fees if any, under the small claims rules.
Do I need a lawyer to file in justice court?
The rules adopted for justice-court small claims may not require parties to be represented by an attorney, and proceedings are intended to be accessible to people without legal training.
Can the defendant file a claim against me in the same case?
Yes, a defendant may file a counterclaim that is within the justice court’s jurisdiction, following the counterclaim procedures in the rules.
How formal is the hearing in justice court?
Hearings are informal and focused on speedy disposition; judges hear testimony and consider offered evidence and may question witnesses to develop the facts.
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This content provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
