Small claims court in Texas (2026)
In Texas you can sue for up to $20,000 in small claims. Court: Justice Court (small claims case). Lawyers: allowed. Appeal: either side, 21 days. For a broken written agreement you generally have 4 years to sue. Last checked .
Texas small claims at a glance
- Most you can sue for
- $20,000
- Court
- Justice Court (small claims case)
- Filing fee
- $54
- Lawyers
- Allowed
- Appeal
- Either side, 21 days
- Ask for payment first
- Not required by law
Can you sue in Texas small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Texas small claims limit
$20,000
Enter the amount to compare it with the limit.
The rule: Up to $20,000, not counting statutory interest and court costs but including any attorney fees. Justice courts cannot hear defamation, divorce, title-to-land or land-lien suits. Suits by assignees, debt collectors, lenders and financial institutions to recover a debt are 'debt claim cases' with extra rules (Rule 508), not small claims cases.
Deadline to sue (general rule)
4 years for this kind of claim in Texas. Enter the date it happened to see the last day.
Debt and most contract claims: 4 years (debt under § 16.004; actions with no express period under the 4-year residual rule). Injury to or taking of property, and personal injury: 2 years.
Lawyers: Lawyers may represent either side.
Collectors: a company that bought or was assigned the debt can't use small claims court in Texas.
Before you file: The justice court rules do not require a demand for payment before filing a small claims case.
Appeal: A party appeals by filing a bond, cash deposit or Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed (or after a motion to reinstate, set aside or for new trial is denied). A plaintiff's bond is $500; a defendant's bond is twice the judgment. The case is tried de novo in county court.
Filing fee: Filing fee is $54 statewide: a $21 state fee plus a $33 local consolidated civil fee. Service of the citation by a constable, sheriff or process server costs extra and varies by county. A jury demand costs $22.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Small claims cases are filed in a justice of the peace court. A defendant is generally entitled to be sued in the county and precinct where the defendant lives, where the incident (or most incidents) happened, where a contract was to be performed, or, for personal property, where the property is; if the defendant lives outside Texas or the address is unknown, the plaintiff may file where the plaintiff lives.
- Limit. Up to $20,000, not counting statutory interest and court costs but including any attorney fees. Justice courts cannot hear defamation, divorce, title-to-land or land-lien suits. Suits by assignees, debt collectors, lenders and financial institutions to recover a debt are 'debt claim cases' with extra rules (Rule 508), not small claims cases. (in force since September 1, 2020)
- Filing fee. Filing fee is $54 statewide: a $21 state fee plus a $33 local consolidated civil fee. Service of the citation by a constable, sheriff or process server costs extra and varies by county. A jury demand costs $22.
Who can sue and who can speak in court
- An individual may represent themself or hire an attorney; the judge may allow an unpaid family member or other person to assist. A corporation or other entity may be represented by a non-attorney employee, owner, officer or partner, or by an attorney. Assignees, debt collectors and lenders suing on a debt must file a debt claim case instead of a small claims case.
- A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
- Before you file. The justice court rules do not require a demand for payment before filing a small claims case.
- Jury and moving the case. Any party is entitled to a jury. A written demand must be filed at least 14 days before the trial date, with a $22 fee (or a Statement of Inability to Afford Payment of Court Costs).
How long you have to sue in Texas
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Debt and most contract claims: 4 years (debt under § 16.004; actions with no express period under the 4-year residual rule). Injury to or taking of property, and personal injury: 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 4 years |
| Oral (spoken) agreement | 4 years |
| Damage to property | 2 years |
| Personal injury | 2 years |
Law: Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051, 16.003(a)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- A party appeals by filing a bond, cash deposit or Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed (or after a motion to reinstate, set aside or for new trial is denied). A plaintiff's bond is $500; a defendant's bond is twice the judgment. The case is tried de novo in county court.
- Collecting the money
- Post-judgment remedies include writs of execution and garnishment (forms on the TJCTC site). Current wages are exempt from seizure except for court-ordered child support. If no writ of execution issues within 10 years after the judgment, it becomes dormant and must be revived before execution.
Good to know in Texas
- Rule numbering: the current TRCP PDF labels the case-type rule 500.1 and representation 500.3, while some cross-references (e.g., Rule 502.4) still cite Rule 500.3(a)-(b) for case types.
- A party may also seek a writ of certiorari to county court within 90 days on limited grounds (no jurisdiction or injustice).
- Debt claim cases (by assignees, collectors and lenders) follow the extra rules in Tex. R. Civ. P. 508.
Official help and forms
- Texas courts: small claims self-help
- Texas small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Tex. Gov't Code ch. 27 (justice court jurisdiction, § 27.031) (read October 18, 2026)
- Texas Rules of Civil Procedure (Part V, Rules 500-510) (read October 18, 2026)
- Tex. Civ. Prac. & Rem. Code ch. 16 (limitations) (read October 18, 2026)
- Tex. Civ. Prac. & Rem. Code ch. 34 (dormant judgments) (read October 18, 2026)
- Tex. Local Gov't Code ch. 133 (state civil fee, § 133.151) (read October 18, 2026)
- Tex. Local Gov't Code ch. 135 (local consolidated civil fee, § 135.103) (read October 18, 2026)
- Tex. Prop. Code ch. 42 (personal property exemptions) (read October 18, 2026)
- Texas Justice Court Training Center: Filing a Small Claims Case (read October 18, 2026)
- TexasLawHelp: How to Sue in Justice Court (Small Claims Court) (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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