Filing a Small Claims Case in North Texas

A Texas justice court can hear a civil claim worth up to $20,000. Government Code section 27.031(a)(1) gives these courts jurisdiction where the amount in controversy is "not more than $20,000, exclusive of interest." Under Rule 500.1(a) of the Texas Rules of Civil Procedure, the $20,000 limit for a small claims case excludes statutory interest and court costs but includes any attorney fees.

What a justice court can and cannot hear

A small claims case under Rule 500.1(a) asks for money damages, civil penalties, personal property, or other relief the law allows. Section 27.031(b) lists suits a justice court has no power to hear at all:

• a suit by the state to recover a penalty, forfeiture or escheat
• a divorce
• a suit for slander or defamation of character
• a suit for trial of title to land
• a suit to enforce a lien on land

You do not need a lawyer to file or defend. Rule 500.3 says an individual may appear alone or through an attorney. A company may appear through an owner, officer, partner or employee who is not an attorney, and section 27.031(d) says a corporation "need not be represented by an attorney in justice court." For good cause, the judge may let a family member or other individual who is not being compensated help a person who is representing themselves (Rule 500.3(c)).

Small claims or debt claim?

Rule 500.1 sorts justice court civil cases into four types: small claims, debt claim, repair and remedy, and eviction. Small claims and debt claim cases both follow Rules 500 to 507. The difference is who is suing.

A debt claim case under Rule 500.1(b) is one brought by a claim's assignee, a collection agency or debt collector, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. Those cases follow Rule 508 as well, and Rule 508 wins any conflict. Rule 508.2 makes the plaintiff list more detail. For a credit card or open account, the required details include the account name, the account number (which may be masked) and the amount owed as of a date certain. For an assigned debt, they include the date of the transfer and the name of the original creditor. A tenant suing over repairs files a repair and remedy case instead, covered in our guide to repair rights.

Choosing the right precinct

Under the "General Rule" in Rule 502.4(b), a defendant in a small claims or debt claim case is entitled to be sued in the county and precinct:

• 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
• where the property is, in a suit to recover personal property

If the defendant lives outside Texas or the defendant's home is unknown, Rule 502.4(c) lets the plaintiff file where the plaintiff lives. A defendant can challenge the precinct with a sworn motion to transfer venue, filed no later than 21 days after the answer.

Filing in Tarrant, Dallas, Denton and Collin counties

These counties' court pages do not list which cities each precinct covers; each offers a map or lookup instead. Fees are quoted from each county's own fee page.

In Denton County, Precinct 3 has required E-File for all civil filings since September 1, 2022, and Precinct 1 stopped taking paper civil filings on December 1, 2025. Precinct 4's rule, starting September 1, 2026, covers attorneys, apartments and property management companies and "does not apply to self-represented individuals." The Dallas fees are from JP 3-1 only.

The petition and the filing fee

Rule 502.2(a) lists what a petition must include: your name, address and phone number; the defendant's name, plus the address and phone number if known; the amount of money and any property you are asking for, with a value; any other relief; the basis for the claim; and, if you agree to it, consent to service by email. You pay the filing and service fees when you file. Someone who cannot afford them files a Statement of Inability to Afford Payment of Court Costs, and Rule 502.3 requires the clerk to hand out that form free.

From service to the hearing

1. The defendant is served

   The clerk issues a citation, and Rule 501.1(a) makes the plaintiff responsible for getting it served. Under Rule 501.2, a sheriff, constable, certified process server, the clerk (by mail) or a court-authorized adult may serve it, never a party or anyone with a stake in the outcome. Service is by personal delivery or by registered or certified mail, restricted delivery, with a return receipt requested.

2. The defendant answers, or does not

   Under Rule 502.5(d), the answer is due "by the end of the 14th day after the day the defendant was served." A weekend or holiday pushes it to the next business day. If no answer comes in, Rule 503.1 has the judge first confirm proper service. A claim on a written document the defendant signed can then be decided without a hearing, if a copy of the document has been filed with the court and served on the defendant, along with the plaintiff's sworn statement that it is a true and accurate copy, that the relief sought is owed, and that all payments, offsets or credits due to the defendant have been accounted for. Any other claim needs a hearing where the plaintiff proves damages.

3. The court sets a trial date

   After an answer, Rule 503.3(a) requires notice of the trial setting "no less than 45 days before the setting date," unless the judge finds an earlier date is needed in the interest of justice. Under Rule 503.5 the judge may send the case to mediation first, which our guide to how mediation works explains. Pretrial discovery is limited to what the judge considers reasonable and necessary.

4. The hearing

   Any party may ask for a jury by filing a written demand at least 14 days before trial and paying the $22.00 jury fee in Rule 504.1, or filing a Statement of Inability. A justice court jury has 6 members. Otherwise the judge decides. If the plaintiff does not show up, the judge may postpone or dismiss. If the defendant does not show up, the judge may hear the plaintiff's evidence and rule.

Judgment, motions and appeal

The judge signs a written judgment that says who pays costs. A party has 14 days after the judgment is signed to ask for a new trial, and a defendant has the same 14 days to ask the court to set aside a default. A plaintiff whose case was dismissed has 14 days after the dismissal order to ask for reinstatement. Rule 505.3(e) treats any motion the judge has not ruled on as denied at 5:00 p.m. on the 21st day after the judgment was signed.

Under Rule 506.1, either side can appeal by posting a bond or cash deposit, or by filing a Statement of Inability, within 21 days after the judgment is signed, or after a post-judgment motion is denied. A plaintiff's bond is $500. A defendant's bond is twice the amount of the judgment. The county court then hears the whole case again from the start, which the rules call a trial de novo. A separate path, a writ of certiorari under Rule 506.4, has a 90-day deadline and needs sworn facts showing the justice court lacked jurisdiction or that the result was an injustice not caused by the applicant's own inexcusable neglect.

Before you file

Some claims need written notice before any lawsuit. Our page on demand letters and pre-suit notice walks through them. For a lower-cost route, see mediation costs in North Texas. For other topics, browse the disputes guides or go back to DRS North Texas for every guide on the site.

Sources

1. Texas Government Code section 27.031
2. Texas Rules of Civil Procedure, Part V (Rules 500 to 508)
3. Tarrant County, Justice of the Peace Courts
4. Tarrant County, 2024 Justice of the Peace Filing Fee Schedule
5. Dallas County, Justice of the Peace Courts
6. Dallas County, JP 3-1 Filing Fee Information
7. Denton County, Civil Suits (Justice of the Peace Precinct 3)
8. Denton County, Justice of the Peace Precinct 4 Fees
9. Collin County, Justice of the Peace Civil Suits