Texas Small Claims Court (2026): Limit, Fees & How to File

Texas small claims court runs on Part V of the Texas Rules of Civil Procedure. In these cases the judge may question a witness or a party when the judge considers it necessary to ensure a correct judgment and a speedy disposition (Rule 500.5). Two features are worth knowing before you file. A party is entitled to a jury, and the Texas Constitution restricts garnishment of current wages.

Below you will find the Texas limit, the costs, the right county and precinct, the steps from petition to trial, what happens when the defendant answers or does not, the appeal rules, and what a judgment is worth when you try to collect. We checked the rules, statutes and fee schedules cited here against their official text in November 2026.

The Texas Small Claims Court Limit: $20,000

Justice courts have original jurisdiction of civil matters in which exclusive jurisdiction is not in the district or county court and the amount in controversy is not more than $20,000, exclusive of interest (Tex. Gov’t Code §27.031(a)(1)). Rule 500.1(a) defines a small claims case as a lawsuit for money damages, civil penalties, personal property or other relief allowed by law. Under that rule, the claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.

Part V sorts justice court civil cases into four types. Small claims cases are governed by Rules 500 to 507. Debt claim cases add Rule 508, repair and remedy cases add Rule 509, and eviction cases are governed by Rule 510. This guide covers small claims cases.

A justice court does not have jurisdiction of a suit on behalf of the state to recover a penalty, forfeiture or escheat, a suit for divorce, a suit to recover damages for slander or defamation of character, a suit for trial of title to land, or a suit for the enforcement of a lien on land (Gov’t Code §27.031(b)).

The Supreme Court of Texas preliminarily approved amendments to Part V, effective January 1, 2026 (Misc. Docket No. 25-9105, dated December 31, 2025). That order says additional changes may be made in response to public comments, which were open until February 1, 2026. Read the current Texas Rules of Civil Procedure on txcourts.gov.

What It Costs to File in Texas Small Claims Court

Two statutes set the filing amount that both county schedules below show. The clerk of a justice court shall collect $21 on the filing of any civil case (Local Gov’t Code §133.151(a-1)), and a person shall pay a local consolidated filing fee of $33 on filing of any civil case in a justice court (§135.103(a)). Added together, that is $54. The local fee is in addition to all other fees and court costs, so ask the clerk what else applies.

You pay the service fees yourself unless you file a Statement of Inability to Afford Payment of Court Costs. If you file the Statement, you must arrange for the citation to be served by a sheriff, constable or court clerk (Rule 501.2(c)). The clerk must make the form available to any person for free without request (Rule 502.3(b)). The defendant may contest the Statement within 7 days after the day the defendant’s answer is due, and the judge must then hold a hearing (Rule 502.3(d)). At the end of the case, the judge must award the costs allowed by law to the successful party (Rule 505.1(d)).

Service is a separate cost, and counties price it differently. Harris County’s schedule, revised January 2025 and effective January 1, 2025, lists this for an original petition:

Bexar County’s 2026 schedule lists a $54 filing fee and a $92 service fee for a small claim petition. Harris County’s schedule notes a $10 witness fee that the person summonsing the witness must pay to the witness.

A county sets its own service fees. Under Local Gov’t Code §118.131, the commissioners court sets reasonable fees for service of process by the sheriff and constables, no more than once a year, before October 1 to take effect the following January 1. Bexar County’s Commissioners Court order dated September 1, 2026 sets fees effective January 1, 2027. It lists $92 for other citations, summons, subpoenas and certified-mail service, and $282 for a writ of execution. For writs of possession, attachment, reentry and restoration of utility service it lists $325, up from $282 on the county’s 2026 schedule. It lists $150 for an eviction citation.

Where to File: County and Precinct

Venue in Texas justice court is by county and precinct. A suit in justice court shall be brought in the county and precinct in which one or more defendants reside, except as the venue subchapter or other law provides (Civ. Prac. & Rem. Code §15.082). Rule 502.4(b) lists where a defendant in a small claims case is generally entitled to be sued:

• the county and precinct where the defendant resides;
• 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, if any, that gave rise to the claim was to be performed; or
• the county and precinct where the property is located, in a suit to recover personal property.

If the defendant is a non-resident of Texas, or the defendant’s residence is unknown, the plaintiff may file the suit in the county and precinct where the plaintiff resides (Rule 502.4(c)). The full venue laws are in Chapter 15, Subchapter E of the Civil Practice and Remedies Code (Rule 502.4(a)).

If you file in an improper venue, the defendant may file a motion to transfer venue before trial, no later than 21 days after the day the defendant’s answer is filed. The motion must contain a sworn statement that the venue is improper and name a county and precinct of proper venue, and the judge must set a hearing (Rule 502.4(d)).

Lawyers, Companies and Juries

An individual may represent himself or herself or be represented by an attorney (Rule 500.3(a)). A corporation or other entity may be represented by an employee, owner, officer or partner of the entity who is not an attorney, or by an attorney (Rule 500.3(b)). The Government Code adds that a corporation need not be represented by an attorney in justice court (§27.031(d)). For good cause, the court may let a family member or other uncompensated individual assist an individual who represents himself or herself (Rule 500.3(c)).

A party is entitled to a trial by jury (Rule 504.1(a)). The written demand must be filed no later than 14 days before the date the case is set for trial. If the demand is late, the right to a jury is waived unless the judge excuses the late filing for good cause. The party demanding a jury must pay a fee of $22 or file a Statement of Inability at or before the time of the written request (Rule 504.1(b)). If no party timely demands a jury and pays the fee, the judge tries the case without a jury (Rule 504.1(d)).

The first 6 prospective jurors remaining after challenges make up the jury (Rule 504.2(f)).

How to File a Texas Small Claims Court Case, Step by Step

1. Ask for payment in writing. Mail a demand letter in a way you can prove, like certified mail. Keep a copy.
2. Check the deadline. A suit on a debt must be brought not later than four years after the day the cause of action accrues (Civ. Prac. & Rem. Code §16.004(a)(3)). For an action with no express limitations period, the residual period is also four years (§16.051). See our statute of limitations on debt by state table.
3. Write the petition. Under Rule 502.2(a) it must give the plaintiff’s name and contact details, the defendant’s name, address and telephone number if known, the amount of money sought, a description and claimed value of any personal property sought, any other relief requested, and the basis for the claim.
4. File and pay. A document may be filed by personal or commercial delivery, by mail, or electronically if the court allows electronic filing (Rule 502.1). On filing, you must pay the filing fee and any service fees, or file the Statement of Inability (Rule 502.2(b)).
5. Serve the defendant. The clerk issues the citation, and you are responsible for obtaining service on the defendant of the citation, a copy of the petition and any documents filed with it (Rule 501.1(a)). No person who is a party to or interested in the outcome of the suit may serve citation. It may be served by a sheriff or constable, a process server certified by the Judicial Branch Certification Commission, the clerk if the citation is served by registered or certified mail, or a person authorized by court order who is 18 or older (Rule 501.2(a)). If those methods are not enough, the court may authorize alternative service on a sworn request (Rule 501.2(e)).
6. Watch for the answer. The defendant’s answer is due by the end of the 14th day after the day the defendant was served, and a weekend, legal holiday or early court closure moves the due date to the next business day (Rule 502.5(d)).
7. Prepare for trial. After the defendant answers, the case is set on a trial docket at the judge’s discretion, and the court must send notice of the setting no less than 45 days before the setting date unless the judge determines that an earlier setting is required in the interest of justice (Rule 503.3(a)). The court may set a pretrial conference (Rule 503.4), and the judge may order mediation (Rule 503.5).
8. Attend the trial. On the trial day the judge calls the cases set that day. If the plaintiff fails to appear, the judge may postpone or dismiss the suit. If the defendant fails to appear, the judge may postpone the case or take evidence, and judgment goes against the plaintiff if the plaintiff fails to prove the case (Rule 503.6). The Rules of Evidence and the other Rules of Civil Procedure do not apply unless the judge determines a rule must be followed to ensure the proceedings are fair, or the law or Part V provides otherwise (Rule 500.1(e)).

If the Defendant Answers, Counterclaims or Does Not Respond

The defendant must file a written answer with the court and serve a copy on the plaintiff. An answer that denies all of the plaintiff’s allegations without specifying the reasons is sufficient to constitute an answer and does not bar the defendant from raising any defense at trial (Rule 502.5(a) and (b)).

A defendant may file a petition stating as a counterclaim any claim against the plaintiff that is within the jurisdiction of the justice court, whether or not related to the plaintiff’s claims. The defendant must pay a filing fee or provide a Statement of Inability, and no answer to the counterclaim need be filed (Rule 502.6(a)).

If the defendant does not answer by the due date, the judge must make sure service was proper and may hold a hearing for that purpose. No default judgment may be granted until proof of service has been on file with the clerk for 3 days, excluding the day of filing and the day of judgment (Rules 503.1(a) and 501.3(h)). If service was proper, the judge must render a default judgment in one of two ways:

• Claim based on a signed written document. If the claim is based on a written document signed by the defendant, a copy has been filed with the court and served on the defendant, and the plaintiff files a sworn statement that it is a true and accurate copy, that the relief sought is owed, and that all payments, offsets or credits due to the defendant are accounted for, the judge must render judgment for the plaintiff in the requested amount without a hearing (Rule 503.1(a)(1)).
• Other cases. The plaintiff must request a hearing, appear and provide evidence of damages. If the plaintiff proves damages, the judge renders judgment for the amount proven. If the plaintiff is unable to prove damages, the judge must render judgment in favor of the defendant (Rule 503.1(a)(2)).

If the defendant files an answer or otherwise appears before a default judgment is signed, the judge must not enter a default judgment and the case is set for trial (Rule 503.1(b)). A defendant against whom a default judgment is granted may file a motion to set aside the judgment no later than 14 days after the judgment is signed (Rule 505.3(b)).

Federal law adds a military-status step. In a civil action in which the defendant does not make an appearance, the court shall require the plaintiff to file an affidavit before entering judgment, stating whether the defendant is in military service or that the plaintiff is unable to determine this (50 U.S.C. §3931(a) and (b)(1)).

Witnesses, Subpoenas and Remote Hearings

A subpoena commands a person to attend and give testimony at a hearing or trial. A person may not be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served (Rule 500.7(a)). The clerk of the justice court or an attorney authorized to practice in Texas may issue it. It may be served by a sheriff or constable, or by a person who is not a party and is 18 or older, and the server must tender any fees required by law (Rule 500.7(b) and (d)).

On a party’s request, the court must order witnesses excluded so that they cannot hear the testimony of other witnesses, with exceptions for a party who is a natural person and certain other persons (Rule 500.6).

A judge may allow or require a participant to appear at a court proceeding by videoconference, teleconference or other available electronic means (Rule 500.9(a)). The judge should consider factors such as technology and travel restrictions and any agreement or objection by the parties (Rule 500.9(c)). If the judge allows electronic appearance, the notice must include instructions for joining and for submitting evidence (Rule 500.9(d)).

Appeals and Motions After Judgment in Texas Small Claims Court

A party may appeal a justice court judgment, and the case is tried de novo in county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial (Rule 506.3). Under Rule 506.1:

• You appeal by filing a bond, making a cash deposit, or filing a Statement of Inability with the justice court within 21 days after the judgment is signed, or after a motion to reinstate, set aside or for new trial, if any, is denied.
• A plaintiff must file a $500 bond. A defendant must file a bond equal to twice the amount of the judgment. The bond must be supported by a surety or sureties approved by the judge.
• In lieu of a bond, an appellant may deposit cash with the clerk in the amount the bond requires. An appellant who cannot furnish a bond or pay the deposit may instead file a Statement of Inability, and the other side may contest it.

The appellant must also pay the costs on appeal to the county court. If the appellant fails to pay them within 20 days after being notified by the county clerk, the appeal is not perfected (Rules 506.1(i) and 143a).

Three motions can come first, each no later than 14 days after the relevant order: a plaintiff may move to reinstate a dismissed case, a defendant may move to set aside a default judgment, and a party may move for a new trial. Only one new trial may be granted to either party, and a motion the judge has not ruled on is denied as a matter of law at 5:00 p.m. on the 21st day after the judgment was signed (Rule 505.3). You do not have to file one of these motions to appeal (Rule 505.3(d)).

After a final judgment, a party may also apply to the county court for a writ of certiorari within 90 days after the judgment is signed, on the grounds Rule 506.4 lists.

Collecting a Texas Small Claims Court Judgment: Know the Exemptions First

A judgment that awards money must tell individual debtors that their money or property may be protected from being taken to pay it (Rule 505.1(c)(6)). Texas law lists what is protected:

• Current wages. The Texas Constitution says no current wages for personal service shall ever be subject to garnishment, except for the enforcement of court-ordered child support payments or spousal maintenance (art. XVI, §28). Property Code §42.001(b)(1) separately lists current wages for personal services as exempt from seizure, except for the enforcement of court-ordered child support payments.
• Homestead. A homestead is exempt from seizure for the claims of creditors except for encumbrances properly fixed on it, and the statute lists which qualify (Property Code §41.001).
• Personal property. Personal property described in §42.002, such as home furnishings and wearing apparel, is exempt if its aggregate fair market value is not more than $100,000 for a family or $50,000 for a single adult who is not a member of a family (§42.001(a)).

Justice court judgments are enforceable in the same method as in county and district court, except as provided by law (Rule 505.2). A justice of the peace may issue writs of attachment, garnishment and sequestration within the justice’s jurisdiction (Gov’t Code §27.032). A writ of garnishment is available to a plaintiff with a valid, subsisting judgment who makes an affidavit stating that, within the plaintiff’s knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment (Civ. Prac. & Rem. Code §63.001).

A recorded and indexed abstract of judgment constitutes a lien on the defendant’s real property in that county, other than real property exempt from seizure, if the judgment is not then dormant (Property Code §52.001). If a writ of execution is not issued within 10 years after the judgment is rendered, the judgment is dormant and execution may not issue unless it is revived (Civ. Prac. & Rem. Code §34.001(a)).

Enforcement has its own fees. Harris County’s schedule lists a writ of garnishment at $184 in total, including $125 for service. Bexar County’s 2026 schedule lists $282 in service for a writ of execution plus $5 in filing.

A money judgment on a contract that provides for interest earns postjudgment interest at the lesser of the contract rate or 18% a year (Finance Code §304.002). A money judgment to which that section does not apply earns postjudgment interest at the prime rate, with a floor of 5% and a ceiling of 15% a year (§304.003).

Before you file, ask whether the defendant has a bank account, a business or non-exempt property. Our guide on how to collect money owed walks through the options.

Security Deposits and Other Case Types

Small claims cases cover suits for money damages, civil penalties, personal property or other relief allowed by law (Rule 500.1(a)). A tenant suing for a security deposit is one example. Except as Property Code §92.107 provides, the landlord shall refund the deposit on or before the 30th day after the date the tenant surrenders the premises (§92.103(a)). The landlord is not obligated to refund the deposit until the tenant gives a written forwarding address, but the tenant does not forfeit the refund merely for failing to give one (§92.107).

A landlord who keeps part of a deposit shall give the tenant the balance with a written description and itemized list of all deductions, and may not keep any portion to cover normal wear and tear. The itemized list is not required if the tenant owes rent on surrender and the amount is not in controversy (§92.104). A landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees, and a landlord who fails to refund or itemize by the 30th day is presumed to have acted in bad faith (§92.109). Our security deposit demand letter guide covers the first step.

A loan backed by a promissory note can be a claim for money damages. A suit brought by a debt collector or lender may be a debt claim case under Rule 508 instead.

How Texas Compares

We counted the individual limit in each jurisdiction of our small claims court limits by state table, which covers 50 states and the District of Columbia. Of the other 50 jurisdictions, 2 have a higher limit than Texas (Delaware and Tennessee, at $25,000), 3 have the same $20,000 limit (Minnesota, Utah and West Virginia) and 45 have a lower one. Compare the rules next door in our California small claims guide.

Frequently Asked Questions

What is the Texas small claims court limit?

$20,000, excluding statutory interest and court costs but including attorney fees, if any (Rule 500.1(a)). Justice courts hear these cases.

How much does Texas small claims court cost?

Filing costs $54 on the Harris County and Bexar County schedules we read. Service is extra: $85 per defendant for Harris County constables and $92 for Bexar County constables. A jury costs $22. A Statement of Inability is available if you cannot afford the fees.

How long does the defendant have to answer?

The answer is due by the end of the 14th day after the day the defendant was served. If the defendant files nothing, the judge must make sure service was proper before rendering a default judgment.

Can I appeal a Texas small claims court judgment?

Yes. A party may appeal within 21 days by filing a bond, making a cash deposit or filing a Statement of Inability. The case is then tried again in county court. A plaintiff files a $500 bond and a defendant files a bond of twice the judgment.

Can I garnish wages after winning in Texas small claims court?

The Texas Constitution says no current wages for personal service shall ever be subject to garnishment, except to enforce court-ordered child support or spousal maintenance. Other property may be reachable. A recorded abstract of judgment becomes a lien on the debtor’s non-exempt real property in that county.

Do I need a lawyer for Texas small claims court?

An individual may represent themselves or be represented by an attorney (Rule 500.3(a)). Attorney fees, if claimed, count toward the $20,000.

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.