Texas Small Claims Filing Guide (2026)
Free step-by-step guide for your state: which court, the limit, the official form, filing fees and what to bring. Texas limit: up to $20,000, not counting statutory interest and court costs but including any attorney's fees (Tex. R. Civ. P. 500.3).
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How to file in Texas small claims court
- Send a demand letter first.
- Check the limit and the right court (below).
- Fill out the official claim form and file it with the clerk in the county where the defendant lives or where the transaction happened.
- Pay the filing fee or ask for a fee waiver if you cannot afford it.
- Have the defendant served as the court requires (in many states you cannot serve the papers yourself).
- Prepare for the hearing: bring the note/contract, receipts, photos, messages, your demand letter and proof of mailing, and copies for the judge and the other side.
- If you win and are not paid, ask the clerk about post-judgment collection options.
Texas
- Court: Justice Court (Justice of the Peace) in the proper precinct.
- Limit: up to $20,000, not counting statutory interest and court costs but including any attorney's fees (Tex. R. Civ. P. 500.3).
- Form: Small Claims Petition.
- Filing fee: about $54, plus a separate service fee that varies by county. You can ask for a fee waiver with a Statement of Inability to Afford Payment of Court Costs.
- Service: the papers are generally served by a constable, sheriff, or authorized process server, not by you.
- Official help: https://www.tjctc.org/srl/small-claim-plaintiff.html and https://www.txcourts.gov
General information, not legal advice. Rules, fees and forms change — confirm with the court clerk before filing.
Texas small claims: key facts
- Court
- Justice Court (Justice of the Peace) in the proper precinct.
- Limit
- up to $20,000, not counting statutory interest and court costs but including any attorney's fees (Tex. R. Civ. P. 500.3).
- Demand letter required first?
- No requirement was found, but sending one first is good practice and gives you proof that you asked.
- Official form
- Small Claims Petition.
- Filing fee
- about $54, plus a separate service fee that varies by county. You can ask for a fee waiver with a Statement of Inability to Afford Payment of Court Costs.
Official sources: Texas Justice Court Training Center — Small claims · Texas Supreme Court — Misc. Docket 25-9105 · Last reviewed: October 2026
Frequently asked questions
- What is the small claims limit in Texas?
- up to $20,000, not counting statutory interest and court costs but including any attorney's fees (Tex. R. Civ. P. 500.3).
- Do I have to send a demand letter before suing in Texas?
- No requirement was found, but sending one first is good practice and gives you proof that you asked.
- How much does it cost to file in Texas?
- about $54, plus a separate service fee that varies by county. You can ask for a fee waiver with a Statement of Inability to Afford Payment of Court Costs.
- What if I am owed more than the limit?
- You may reduce your claim to the limit and give up the rest, or file in a regular civil court. The guide shows this if your amount is above the limit.
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