Small claims are cases filed in the county justice of the peace courts (also referred to simply as "justice courts") in Texas. Justice courts provide a more informal setting than the higher-level courts, so parties will often represent themselves rather than hiring an attorney. The limit to the amount that a person can sue for in small claims cases is $20,000. Justice courts can also settle landlord/tenant disputes such as evictions and repairs.
It is always recommended you try and resolve your problems with the other party on your own. It is always better to come to a solution that both parties can agree to than to have to file a lawsuit. Professional mediators at a dispute resolution center might be able to help you come to an agreement. If you do decide to file a lawsuit in justice court, information on how to do so can be found in this guide.
On this page, you will find a general overview on how to file a small claims case in the justice courts. The other pages in this guide explain specific parts of the process in a bit more detail.
Justice courts can hear the following types of cases:
See Rule 500.3 of the Texas Rules of Civil Procedure for a description of the types of cases.
This guide will focus on the process for small claims cases. For more information on "repair and remedy" and eviction cases, see the library's Landlord/Tenant Law research guide.
Rule 500.4 of the Texas Rules of Civil Procedure governs who may represent a party in justice court:
An individual who is a party may be represented by:
A corporation or other entity who is party may be represented by:
Part V. of the Texas Rules of Civil Procedure govern the Texas justice courts (Rules 500 - 510).
Rule 500.3 (e) states that the other Rules of Civil Procedure and the Rules of Evidence do not apply to justice court cases unless:
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