If you have a dispute worth $20,000 or less — a security deposit your landlord won’t return, a contractor who took your money and disappeared, a car repair that made things worse — Texas’s small claims court exists specifically for situations like yours.
No lawyer required. No complicated legal filings. Just show up with your evidence and tell your story to a judge.
Here’s exactly what you need to know.
The Short Answer
Texas small claims court (Justice Court (Justice of the Peace Court)) handles civil disputes up to $20,000. The limit is $20,000 in Justice Court (JP Court). Filing costs approximately $46–$150 depending on your claim amount. Most cases are resolved within 30–90 days.
Texas Small Claims Court Limit
The limit is $20,000 in Justice Court (JP Court).
This limit covers the total amount of money you’re asking for — not including court filing fees, which you can usually recover if you win.
If your claim is worth more than $20,000, you have two options:
- Reduce your claim to fit within the limit (you give up the rest permanently)
- File in a higher court (small claims or municipal civil court, depending on your county) — this usually means higher fees and a more formal process
How Much Does It Cost to File?
Filing fees in Texas range from approximately $46–$150 depending on the amount you’re claiming. You pay this fee when you file. If you win, you can ask the court to order the defendant to reimburse your filing fee.
If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the clerk about an “affidavit of indigency” or “waiver of fees” form.
Filing Fees by Claim Amount
| Claim Amount | Filing Fee (Typical County) |
|---|---|
| Up to $1,000 | $46–$75 |
| $1,001–$5,000 | $75–$100 |
| $5,001–$20,000 | $100–$150 |
Note: Fees vary by county. Harris County (Houston), Dallas County, and Travis County (Austin) charge within the ranges shown. Some counties charge additional service fees. Verify current fees with your local Justice Court (Justice of the Peace).
What Cases Can You Bring to Small Claims Court?
Justice Court (Justice of the Peace Court) in Texas handles:
- Unpaid debts — money owed to you under a contract or agreement
- Security deposit disputes — landlords who wrongfully withhold your deposit
- Property damage — someone damaged your car, property, or belongings
- Faulty goods or services — a contractor or business that didn’t deliver what was promised
- Returned checks — you can usually add a statutory penalty on top of the check amount
- Minor personal injury — small injury claims where the amount is within the limit
Common Types of Small Claims Cases
Texas Justice Courts handle a wide variety of civil disputes within the $20,000 limit:
- Landlord-tenant disputes — wrongfully withheld security deposits, unpaid rent, lease violations, and property damage claims
- Contractor and home improvement disputes — incomplete work, poor quality workmanship, or failure to pay (disputes increased significantly during the post-pandemic home improvement surge)
- Vehicle damage and auto repair claims — accident damage, poor repair work, or dealership disputes
- Returned check and debt collection cases — checks that bounced, credit card disputes, or personal loans
- Small business debt and invoice disputes — unpaid invoices, breach of contract, or non-payment for services rendered
You cannot use small claims court for:
- Divorces or custody disputes
- Criminal matters
- Claims above $20,000
- Cases requiring injunctions (court orders to stop doing something)
Can You Have a Lawyer?
Texas Justice of the Peace Courts handle small claims up to $20,000. Attorneys are allowed. Eviction cases (forcible detainer) are also filed in JP Court regardless of the amount at issue.
Even where attorneys are allowed, most people represent themselves in small claims court. Judges are accustomed to non-lawyers and allow informal presentations. A well-organized binder of evidence often matters more than legal arguments.
How to File a Small Claims Case in Texas
Step 1: Confirm You’re in the Right Court
Make sure your claim is:
- Worth $20,000 or less
- A civil (money) dispute, not a criminal matter
- Filed in the correct county (usually where the defendant lives or where the dispute occurred)
Step 2: Try to Resolve It First
Courts generally look favorably on plaintiffs who attempted to resolve the dispute before suing. Send the defendant a written demand letter giving them 14 days to pay or respond. Keep a copy. Send it via email (creates a timestamp) and certified mail (creates proof of delivery).
If you’ve already done this, proceed to Step 3.
Step 3: Complete the Court Forms
Visit your local Justice Court (Justice of the Peace Court) or download forms from their website. You’ll fill out a complaint form that asks for:
- Your name and contact information (plaintiff)
- The defendant’s full legal name and address
- The amount you’re claiming
- A brief description of why you’re owed this amount
Bring supporting documents: contracts, receipts, photos, text messages, emails, and anything else that supports your claim.
Step 4: File and Pay the Filing Fee
Submit your completed forms to the court clerk and pay the filing fee ($46–$150). The clerk will stamp your forms and assign you a case number and hearing date.
Step 5: Serve the Defendant
The defendant must be officially notified of the lawsuit. In most cases, the court handles this by certified mail. If certified mail fails, you may need to arrange for personal service by a process server or sheriff. Keep your proof of service — the case may be dismissed if the defendant wasn’t properly served.
Step 6: Prepare Your Case
Organize your evidence chronologically. Bring:
- Original documents (the court may keep copies)
- Photos or videos relevant to the dispute
- Written communications (texts, emails, letters)
- Witness testimony (witnesses must appear in person — written statements are often not accepted)
- Receipts and estimates for any claimed damages
Practice explaining your case clearly in 3–5 minutes. Focus on facts and amounts.
What to Bring to Court
Texas Justice Court judges expect well-documented cases. Arrive with organized evidence:
- Contract or written agreement (original with copies for the judge and defendant)
- Lease agreement and rental payment receipts (for landlord-tenant disputes, with deposit documentation)
- Invoices, receipts, and payment records (proving money paid, amounts claimed, and services rendered)
- Photos or video (showing property damage, condition before/after, or work status)
- Text messages and emails (printed with dates, senders, and full conversation threads)
- Proof of written demand (certified mail receipt, email confirmation, or delivery proof showing 14-day notice)
- Bank statements and canceled checks (evidence of payment or non-payment)
- Witness contact information (names, phone numbers, addresses — witnesses must appear in person)
- Itemized claim calculation (show exactly how you arrived at your dollar amount — judges expect precision)
- Documentation of bad faith (for deposit cases — missed deadlines, improper deductions, failure to itemize) — this supports claims for treble damages
Step 7: Attend the Hearing
Arrive early. Dress professionally. When your case is called, address the judge as “Your Honor.” Present your evidence calmly and stick to the relevant facts. Let the judge guide the proceeding — small claims courts are informal by design.
Step 8: Collect Your Judgment
Winning in court is step one. If the defendant doesn’t pay voluntarily, you’ll need to enforce the judgment. Options typically include:
- Wage garnishment — having the defendant’s employer deduct payments
- Bank levy — seizing funds from the defendant’s bank account
- Property lien — placing a lien on real property they own
Collection requires additional steps and sometimes additional court filings. The court clerk can explain the options available in Texas.
Key Statute
Texas’s small claims procedure is governed by Tex. Gov’t Code § 27.031. You can verify the current rules at Justice Court (Justice of the Peace Court).
Real Situations in Texas
Texas Justice of the Peace courts handle small claims up to $20,000 — one of the highest limits in the country for an informal court. This makes JP court genuinely useful for security deposit disputes even in expensive Texas markets where deposits can be several thousand dollars. The relatively high limit, combined with the availability of 3× damages in deposit cases, means a $3,000 deposit dispute can become a $9,000+ judgment plus attorney fees if the landlord acted in bad faith.
Contractor and home improvement disputes are a growing category in Texas JP courts, particularly in fast-growing markets like Austin, Houston, and Dallas where construction demand has led to a rise in contractor fraud complaints. Texas requires written contracts for home improvement work over $25,000 (through the Texas Residential Construction Commission Act), but disputes often arise at lower dollar amounts where no written contract exists. Text messages and emails establishing the agreement often become the core evidence.
One TX-specific nuance: the JP court in Texas is organized by precinct, and filing in the wrong precinct can result in your case being transferred or dismissed. You generally file in the precinct where the defendant resides or where the transaction occurred.
Common Mistakes Texas Small Claims Filers Make
Filing before sending a written demand. Texas courts expect plaintiffs to have given the defendant a formal opportunity to pay or respond before filing. A written demand letter — with a 14-day deadline, sent by email and certified mail — is standard practice and strengthens your credibility with the judge.
Not documenting the dollar amount precisely. Texas JP courts handle money disputes, and vague claims (“I want my deposit back”) are weaker than specific, itemized claims (“I am owed $1,850 — $1,500 security deposit withheld without proper justification per Property Code § 92.109, plus $350 in court costs”). The judge will ask how you arrived at your number. Know it cold.
Forgetting to ask for the 3× penalty in deposit cases. Under Texas Property Code § 92.109, if the landlord acted in bad faith, you are entitled to three times the amount wrongfully withheld plus attorney fees — not just the deposit. Make sure your claim explicitly requests treble damages and clearly states the factual basis for bad faith.
Related Guides
- Small Claims Court Guide: How to Sue and Win Without a Lawyer — the complete how-to guide for the small claims process
- Texas Security Deposit Laws — security deposit disputes are one of the most common small claims cases
- Texas Eviction Notice Requirements — understand the eviction process and your defenses in Texas
- Texas Wage Theft Laws — Texas wage laws, overtime rights, and how to recover unpaid wages
- Texas Tenant Rights Guide — complete tenant rights guide for Texas renters
This article is for informational purposes only and does not constitute legal advice. Court limits, fees, and procedures change — always verify current rules with your local court clerk before filing. Last reviewed: April 2026.