Texas Small Claims Court: $20,000 Limit, Fees and How to File

In Texas, a small claims case can be for no more than $20,000, not counting statutory interest and court costs but counting any attorney fees. Texas has no separate small claims court: these cases are heard in the justice court (the justice of the peace court) for each county precinct, under Texas Rules of Civil Procedure 500 to 507 and Texas Government Code section 27.031(a)(1).

The limit was $10,000 until Senate Bill 2342 raised it to $20,000 for cases filed on or after September 1, 2020, so a page that still shows $10,000 is out of date. This guide walks a Texas small claims case from filing through collection. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims cases in Texas justice courts under Part V of the Texas Rules of Civil Procedure (Rules 500 to 507, as published in the Supreme Court of Texas consolidated rules last amended October 1, 2026) and Texas Government Code section 27.031. It touches on debt claim cases (Rule 508) only where they differ. It does not cover evictions (Rule 510), repair and remedy cases (Rule 509), cases in county or district court, or small claims in other states.

Texas small claims limit: $20,000

Rule 500.1 defines a small claims case as "a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any."

That last part trips people up. If you are asking for $18,000 in damages plus $3,000 in attorney fees, your claim is $21,000 and too large for justice court. Interest set by statute and court costs, on the other hand, sit on top of the $20,000.

The same $20,000 cap applies to small claims, debt claim and repair and remedy cases, for individuals and businesses alike:

The 2020 increase. The enrolled text of Senate Bill 2342 (86th Legislature, 2019) amended Government Code section 27.031(a)(1) so that a justice court hears civil matters where the amount in controversy "is not more than $20,000 [$10,000], exclusive of interest," and states that the act takes effect September 1, 2020.

Is a change coming? As of October 7, 2026, we had not found any 2025 or 2026 Texas law changing the $20,000 limit, and the current rules still state $20,000. The Supreme Court of Texas did amend Part V of the rules effective January 1, 2026 (Misc. Docket No. 25-9105), but those changes were overwhelmingly about eviction cases, and the court invited public comment through February 1, 2026, so further rule changes are possible.

Every claim also has a filing deadline. Check the Texas statute of limitations for your type of claim before you file.

What you can sue for, and what goes elsewhere

A small claims case can ask for money damages, civil penalties, personal property, or "other relief allowed by law" (Rule 500.1(a)). Common examples are an unreturned security deposit, an unpaid personal loan, a contractor who took a deposit and left, or property damage from a car accident. If your dispute is with a landlord over a deposit, our guide to Texas landlord-tenant law covers the deposit rules themselves.

Debt collectors, debt buyers, banks and lenders suing to collect a debt do not use the small claims rules alone. They file a debt claim case, which follows Rules 500 to 507 plus Rule 508, and Rule 508 controls if the two conflict. The petition in a debt claim case must plead specific account details. If you are the person being sued over a debt, our page on Texas debt collection laws explains your rights against collectors.

Suing the federal government is not a small claims case. Federal district courts have exclusive jurisdiction over tort claims against the United States for money damages (28 U.S.C. 1346(b)(1)), so a claim that a federal employee damaged your property cannot be filed in a Texas justice court.

Some cases cannot be filed in justice court at any dollar amount. Under Texas Government Code section 27.031(b), a justice court has no jurisdiction over a suit for slander or defamation, a suit to decide title to land, a suit to enforce a lien on land, a divorce, or a suit by the state to recover a penalty, forfeiture or escheat.

Filing fees and fee waivers

The Texas Office of Court Administration (OCA) publishes the justice court civil fee schedule. The current version on the OCA site, effective January 1, 2024, lists $54 in total filing fees for a new civil case, small claims or debt claim. The fee is flat, not tiered by the amount you claim.

The $54 figure is the state schedule. Ask your justice court clerk whether any other charge applies in your county before you file. Sheriff and constable service fees are set by each county's commissioners court, so there is no statewide figure; the Tarrant County amount above is one county's example only.

If you cannot afford the fees. Rule 502.3 says a party "who cannot afford filing fees or other court fees must file a Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court." The clerk must give you the form free. If you file it, you must have the sheriff, constable or clerk serve the defendant (Rule 501.2(c)), and the statement can be contested. The same form can be used instead of an appeal bond (Rule 506.1(d)).

Do you need a lawyer?

No. Individuals can represent themselves or hire a lawyer (Rule 500.3). For good cause, the court can also let an unpaid family member or another individual help a self-represented person.

Businesses do not need a lawyer either. Under Rule 500.3, "A corporation or other entity may: (1) be represented by an employee, owner, officer, or partner of the entity who is not an attorney; or (2) be represented by an attorney."

Where to file (venue)

You file in the justice court for the right county and precinct. Under Rule 502.4, a proper place is:

• the county and precinct where the defendant lives;
• the county and precinct where the incident, or the majority of incidents, that gave rise to the claim occurred;
• the county and precinct where the contract or agreement was to be performed; or
• in a suit to recover personal property, the county and precinct where the property is located.

If the defendant does not live in Texas, or the defendant's residence is unknown, you may file in the county and precinct where you live.

If you were sued in the wrong place. A defendant can file a sworn motion to transfer venue within 21 days after the answer is filed, naming the county and precinct where the case should go (Rule 502.4).

Texas Court Help, the judicial branch's self-help site, has a where do I file my case guide that helps you pick the right court.

Debt collectors face a federal venue rule too. A debt collector suing a consumer may sue only where the consumer signed the contract sued on or where the consumer lives when the case is filed (15 U.S.C. 1692i(a)(2)).

Serving the defendant

You, the plaintiff, are responsible for getting the citation, petition and attachments served (Rule 501.1). Under Rule 501.2, they can be served by:

1. a sheriff or constable;
2. a process server certified by the Judicial Branch Certification Commission;
3. the clerk, if service is by registered or certified mail; or
4. a person authorized by court order who is at least 18.

Service is made by delivering the papers in person, or by registered or certified mail, restricted delivery, with return receipt. A party to the case, or anyone interested in its outcome, cannot serve the papers.

If service fails. You can ask the court for alternative service under Rule 501.2(e), supported by a sworn statement describing the failed attempts. The court can then allow, for example, first-class mail plus leaving the papers with someone 16 or older at the defendant's home, or another method reasonably likely to give notice.

If you are the defendant: the answer, counterclaims and juries

File a written answer. The citation tells the defendant: "Your answer is due by the end of the 14th day after the day you were served with these papers." If that day falls on a weekend or legal holiday, the answer is due the next business day (Rule 502.5). If you were served by publication, the answer is due by the 42nd day after the citation was issued. An answer that simply denies all of the plaintiff's claims is enough (Rule 502.5), and you must send a copy to the plaintiff.

Counterclaims. A defendant can file any claim against the plaintiff that falls within justice court jurisdiction, whether or not it is related to the plaintiff's claim, by paying the filing fee or filing a Statement of Inability (Rule 502.6).

Jury trial. Any party can demand a jury by filing a written demand at least 14 days before the trial setting and paying the $22 fee or filing a Statement of Inability. A justice court jury has six members (Rule 504.1).

Default judgment. If the defendant does not answer, Rule 503.1 controls what happens next. When the claim is based on a signed written document and the plaintiff files a sworn statement of the amount owed, the judge can render judgment without a hearing. Otherwise the plaintiff must request a hearing and prove damages, and if the plaintiff cannot, the judgment goes to the defendant. Debt claim cases follow Rule 508.3 instead.

Members of the military. Before a court enters a judgment for the plaintiff against a defendant who has not appeared, federal law requires the plaintiff to file an affidavit stating whether the defendant is in military service, or that the plaintiff cannot determine it (50 U.S.C. 3931(b)(1)). If the defendant is in military service, the court cannot enter judgment until it appoints a lawyer to represent the defendant (50 U.S.C. 3931(b)(2)).

Mediation and the trial setting

Texas does not require mediation before you file, but a justice court judge may order any case to mediation or another form of alternative dispute resolution (Rule 503.5). The judge can also hold a pretrial conference.

Once the defendant answers, the judge sets the case for trial. Under Rule 503.3, the court "must send a notice of the date, time, and place of this setting to all parties at their address of record no less than 45 days before the setting date," unless the judge finds an earlier setting is required in the interest of justice.

The hearing and evidence

A justice of the peace hears the case, or a six-person jury if someone demanded one. The judge may question witnesses and summon any party to appear (Rule 500.5).

The formal rules are relaxed. The Texas Rules of Civil Procedure and the Texas Rules of Evidence do not apply in justice court, except when the judge decides a rule must be followed to ensure the proceedings are fair, or when the rules or a law require it (Rule 500.1(e)). Bring the documents, photos, contracts, receipts and texts that prove your claim, and bring witnesses.

Subpoenas. The clerk, or a Texas attorney, can issue a subpoena to require a witness to appear, but no one can be required to appear in a county more than 150 miles from where they live or were served (Rule 500.7). Either side can ask that witnesses be kept out of the courtroom until they testify (Rule 500.6).

Appearing remotely. The judge may allow, or require, a party or witness to appear by videoconference or telephone (Rule 500.9).

Appeals: a new trial in county court

Either side can appeal a Texas small claims judgment if the judgment or the amount in controversy is more than $250, not counting costs (Tex. Civ. Prac. & Rem. Code 51.001). The appeal is a trial de novo, which means the county court tries the case again from the start, as if there had been no previous trial (Rule 506.3).

• Deadline: within 21 days after the judgment is signed, or within 21 days after a motion to set aside, reinstate or for new trial is denied (Rule 506.1).
• How: file an appeal bond, make a cash deposit, or file a Statement of Inability to Afford Payment of Court Costs with the justice court. The bond is $500 for a plaintiff; for a defendant it is "twice the amount of the judgment" (Rule 506.1).
• Notice: within 7 days of filing the bond or cash deposit, you must serve written notice of the appeal on all other parties.
• County court costs: if the county clerk notifies you to pay the costs on appeal and you do not pay within 20 days, the appeal is not perfected and the justice court proceeds as though no appeal had been attempted (Rules 143a and 506.1(i)). If you appealed with a Statement of Inability, you do not pay the county court filing fee.
• Where the case goes: the county court, or the statutory county court or district court that has civil appellate jurisdiction in that county.

Certiorari. In a case where the judgment or amount in controversy is more than $250, not counting costs (Tex. Civ. Prac. & Rem. Code 51.002), a separate writ of certiorari to the county court is available within 90 days after the final judgment, on the grounds that the justice court lacked jurisdiction or that an injustice occurred that was not caused by the applicant's own inexcusable neglect.

Setting aside a default or asking for a new trial

Under Rule 505.3, the deadlines are short:

• A defendant who lost by default can file a motion to set aside the judgment "no later than 14 days after the judgment is signed," and must serve it on the plaintiff by the next business day. The court may grant it for good cause.
• A plaintiff whose case was dismissed can file a motion to reinstate within 14 days.
• Either party can file a motion for new trial within 14 days. Each party gets only one new trial.

If the judge does not rule on one of these motions, it is automatically denied at 5:00 p.m. on the 21st day after the judgment was signed. You do not have to file one of these motions before you appeal.

Collecting your judgment

A judgment is a court order, not a check, and winning does not guarantee you will be paid. Collection is up to the winning party: the clerk issues a collection writ when you apply for one. Justice court judgments are enforced the same way as county and district court judgments.

When collection can start. Under Rule 627, the clerk or justice of the peace issues a writ of execution "upon application of the successful party or his attorney after the expiration of thirty days from the time a final judgment is signed," as long as no supersedeas bond or notice of appeal has been filed. Rule 628 allows an earlier writ if you file an affidavit that the defendant is about to remove or dispose of property.

Collection tools verified for this page:

• Writ of execution against the debtor's non-exempt property.
• Writ for seizure of specific personal property, when the judgment awarded you a particular item (Rule 505.2).
• Post-judgment discovery to learn about the debtor's assets; the debtor gets at least 30 days to respond (Rule 500.8(b)).

Exempt property. Every Texas money judgment must include a notice telling the debtor that some property is protected from collection and pointing to texaslawhelp.org/exempt-property (Rule 505.1(c)(6)). Federal law separately protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. 407(a)) and protects VA benefits from attachment, levy or seizure (38 U.S.C. 5301(a)(1)). For Texas exemptions and wage rules, see our guide to Texas debt collection laws.

Interest. The Texas Office of Consumer Credit Commissioner publishes the post-judgment interest rate each month; its table lists 6.75% for October 2026. Check the OCCC interest rate page for the rate that applies to your judgment.

Dormancy. If no writ of execution is issued within 10 years after a justice court judgment, the judgment becomes dormant and execution cannot issue on it unless it is revived (Tex. Civ. Prac. & Rem. Code 34.001).

Gaps in this page. This page does not state how judgment liens on real estate work, or what limits apply to garnishing wages in Texas, because those points could not be confirmed against a live official source for this update. Ask the justice court clerk, a legal aid office or a Texas lawyer before relying on a deadline.

Official forms and self-help

• Rules: Texas Rules of Civil Procedure, Part V (Rules 500 to 510, consolidated text).
• Fees: the OCA justice court fee page and its January 1, 2024 schedules.
• Where to file: Texas Court Help.
• Your court: your county's justice of the peace court website lists its own forms, filing methods and service fees. Tarrant County Justice of the Peace Precinct 5 is one example.

Related

• Small claims court by state
• Texas statute of limitations
• Texas debt collection laws
• Texas landlord-tenant laws

This article is general legal information about Texas small claims cases under Texas Government Code section 27.031 and Part V of the Texas Rules of Civil Procedure, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your specific situation, contact your local justice court, the Texas Court Help self-help site, a legal aid office, or a lawyer licensed in Texas.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Texas?

$20,000. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any (Tex. R. Civ. P. 500.1; Tex. Gov't Code 27.031(a)(1)).

Is the Texas small claims limit still $10,000?

No. Senate Bill 2342 raised the justice court limit from $10,000 to $20,000 for cases filed on or after September 1, 2020.

Can I sue for more than $20,000 in Texas small claims court?

No. A justice court cannot hear a claim above $20,000, and attorney fees count toward that cap. Statutory interest and court costs do not.

How much does it cost to file a small claims case in Texas?

The Office of Court Administration's justice court schedule, effective January 1, 2024, lists $54 in filing fees for a new civil case. Service by a constable or sheriff is extra and set by each county; Tarrant County, for example, charges $75 per person served.

Can a business be represented by a non-lawyer in Texas small claims court?

Yes. Under Rule 500.3, a corporation or other entity may be represented by an employee, owner, officer or partner who is not an attorney, or by an attorney.

How long does a defendant have to answer a Texas small claims case?

The answer is due by the end of the 14th day after the day the defendant was served, moved to the next business day if that day is a weekend or holiday (Rule 502.5).

How long do I have to appeal a Texas small claims judgment?

21 days after the judgment is signed, or after a motion to set aside, reinstate or for new trial is denied. You file a bond, cash deposit or Statement of Inability with the justice court (Rule 506.1). An appeal to county court is generally available when the judgment or amount in controversy is more than $250, not counting costs, or where a law expressly provides for an appeal (Tex. Civ. Prac. & Rem. Code 51.001).

What if I cannot afford the filing fee in Texas?

File a Statement of Inability to Afford Payment of Court Costs, a Supreme Court approved form the clerk must give you free (Rule 502.3). It can also take the place of an appeal bond.

When can I start collecting a Texas small claims judgment?

A writ of execution generally issues only after 30 days from the date the final judgment is signed, if no supersedeas bond or notice of appeal has been filed (Rule 627). You must apply for the writ yourself.