Texas justice court

Texas small claims court, in plain English

Small claims cases are heard in justice court by a justice of the peace. The rules are simpler than in other courts, and many people on both sides represent themselves. Here is how a case works, step by step, from the Texas Rules of Civil Procedure (Rules 500–507).

What counts as a small claims case

A small claims case asks for money damages, civil penalties, personal property, or other relief allowed by law, up to $20,000 (Tex. R. Civ. P. 500.1(a)). Justice courts also hear three other kinds of cases with their own extra rules: debt claim cases brought by lenders, debt collectors and assignees (Rule 508), tenant repair and remedy cases (Rule 509), and evictions (Rule 510). If you were sued by a debt collector or a landlord, read the rule for that case type.

In justice court, the other Rules of Civil Procedure and the Rules of Evidence generally do not apply, unless the judge decides a rule must be followed to keep things fair, or a law says otherwise (Rule 500.1(e)). The judge may ask witnesses and parties questions (Rule 500.5). Pretrial discovery is limited to what the judge considers reasonable and necessary, and requests must be presented to the court (Rule 500.8(a)).

Filing a small claims case

To start a case, you file a petition with the justice court. Under Rule 502.2(a) it must include:

1. your name (the plaintiff);
2. your address, phone number, and fax number if any — or your attorney’s name and contact information;
3. the defendant’s name, address and phone number, if known;
4. the amount of money you are asking for, if any;
5. a description and the claimed value of any personal property you are asking for;
6. a description of any other relief you want;
7. the basis for your claim against the defendant; and
8. if you agree to be served by email, a statement saying so and your email address.

Fees, and what to do if you can’t afford them

When you file, you pay the filing fee and any service fees (Rule 502.2(b)). If you cannot afford them, file a Statement of Inability to Afford Payment of Court Costs instead. The clerk must make the form available for free, without you having to ask (Rule 502.3(a)–(b)). The defendant may contest your Statement within 7 days after the answer is due, and then the judge holds a hearing (Rule 502.3(d)). Fees vary by county, so ask the clerk.

Where to file (venue)

Generally, the defendant is entitled to be sued in the county and precinct (Rule 502.4(b)):

• where the defendant lives;
• where the incident, or most of the incidents, behind the claim happened;
• where a contract behind the claim was to be performed; or
• where the property is, in a suit to get personal property back.

If the defendant does not live in Texas, or you don’t know where the defendant lives, you may file where you live (Rule 502.4(c)). A defendant who thinks the case was filed in the wrong place can file a sworn motion to transfer venue before trial and no later than 21 days after filing an answer (Rule 502.4(d)).

If you were sued: the answer

Your written answer is due by the end of the 14th day after the day you were served with the citation and petition. If the 14th day is a Saturday, Sunday or legal holiday, or a day the court closes before 5:00 p.m., it moves to the court’s next business day (Rule 502.5(d)). If you were served by publication, the answer is due by the end of the 42nd day after the citation was issued (Rule 502.5(e)).

The answer must include your name, your address and phone number (and fax number, if any), and a statement if you agree to email service. You must also send a copy to the plaintiff (Rule 502.5(a)). An answer that simply denies everything, called a general denial, is enough to count as an answer, and you can still raise any defense at trial (Rule 502.5(b)).

If you don’t answer on time, the plaintiff can ask for a default judgment (Rule 503.1). If you answer before a default judgment is signed, the judge must not enter one and must set the case for trial (Rule 503.1(b)).

See how to count the justice court answer deadline, with an example →

Getting ready for trial

• Trial notice. After the defendant answers, the court sets a trial date and must send notice at least 45 days before it, unless the judge decides an earlier setting is needed in the interest of justice (Rule 503.3(a)).
• Postponing. You can file a motion asking to postpone the trial. It must say why. The judge may postpone for good cause (Rule 503.3(b)).
• Jury. Any party may ask for a jury. File a written demand at least 14 days before the trial date and pay the jury fee ($22, unless a law sets another amount) or file a Statement of Inability (Rule 504.1). Otherwise the judge decides the case.
• Showing up. If the plaintiff doesn’t appear, the judge may postpone or dismiss the case. If the defendant doesn’t appear, the judge may postpone it or hear the evidence and decide (Rule 503.6).

Bring your evidence organized and in order: contracts, receipts, photos, texts, and a short timeline of what happened. Bring copies for the judge and the other side.

After the judgment

Each of these must be filed no later than 14 days after the judgment is signed (Rule 505.3):

• a motion to set aside a default judgment, if a default was entered against you;
• a motion to reinstate, if your case as plaintiff was dismissed (14 days after the dismissal order is signed);
• a motion for new trial.

You must send the other side a copy no later than the next business day. If the judge has not ruled, the motion is automatically denied at 5:00 p.m. on the 21st day after the judgment was signed (Rule 505.3(e)). You do not have to file one of these motions before you appeal (Rule 505.3(d)).

Appealing a small claims judgment

To appeal, file an appeal bond, make a cash deposit, or file a Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed, or after a motion to set aside, reinstate or for new trial is denied (Rule 506.1(a)). A plaintiff’s bond is $500. A defendant’s bond is twice the amount of the judgment (Rule 506.1(b)). If you file a bond or cash deposit, you must serve written notice of the appeal on the other parties within 7 days (Rule 506.1(e)).

The appeal goes to county court and is a trial de novo: the whole case is presented again, as if there had been no trial in justice court (Rule 506.3). Repair and remedy cases are different: you appeal by filing a notice of appeal within 21 days (Rule 509.8).

Free official forms

• Texas Justice Court Training Center — justice court forms Petitions, answers, Statements of Inability, appeal forms and more, made for justice court.
• TexasLawHelp.org — guided forms Free interviews that fill out common Texas court forms for you.

Some courts have their own local forms or procedures. Ask the justice court clerk which forms that court accepts.

Sources

• Texas Rules of Civil Procedure, Part V (Rules 500–510), as posted by the Supreme Court of Texas at txcourts.gov. Checked November 9, 2026. Read the rules in our court rules library.

Texas pro se guide → · Texas court deadlines →