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.

Texas Law

Court Rules

Understanding the Law

You can find more FAQs about small claims cases on our website.

Court Basics

Filing Your Case

Justice courts can hear the following types of cases:

• Small claims cases
• Debt claim cases
• Repair and remedy cases
• Eviction 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:

• Himself or herself,
• An attorney, or
• An authorized agent in an eviction case (but not in a small claims case, debt claim case, or repair and remedy case).
• A justice court may also allow an individual to be assisted in court by a family member or other individual who is not being compensated.

A corporation or other entity who is party may be represented by:

• An employee, owner, officer, or partner of the entity who is not an attorney,
• An attorney, or
• A property manager or other authorized agent in an eviction case.

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:

• when the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties; or
• when otherwise specifically provided by law or these rules.

These e-books contain information on small claims cases and justice courts. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to create an account. Creating an account is free.

These print books at the State Law Library contain information related to small claims cases and justice courts. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.