Small Claims Court in Texas

Most Texas courtrooms are built around lawyers. Justice court, the court of the justice of the peace, is built around parties: a contractor suing over an unpaid invoice, a customer suing over a botched repair, a consumer sued by a debt buyer. One rulebook covers all of it, Rules 500 through 510 of the Texas Rules of Civil Procedure, simple enough for a person without legal training to follow.

What justice court hears, and the dollar ceiling

Two sources draw the same line. Under Government Code section 27.031(a)(1), justice courts have original jurisdiction of civil matters in which the amount in controversy is not more than $20,000, exclusive of interest, where exclusive jurisdiction does not sit in the district or county court. Rule 500.1(a) then defines a small claims case as a lawsuit for the recovery of money damages, civil penalties, personal property, or other relief allowed by law, and phrases the same ceiling its own way: no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.

Rule 500.1 also names three sibling case types that share the courtroom. A debt claim case is the professional version of a collection suit, brought by an assignee of a claim, a debt collector or collection agency, a financial institution, or a lender, and it gets the extra procedures of Rule 508. A repair and remedy case is a tenant suit under Property Code chapter 92 to force a repair. An eviction case is a suit for possession of real property under Property Code chapter 24; that procedure runs under its own rule and is covered separately in the Texas eviction process.

Some disputes are shut out no matter how small the number is. Section 27.031(b) denies justice courts jurisdiction over five categories: a suit on behalf of the state to recover a penalty, forfeiture, or escheat; a suit for divorce; a suit for slander or defamation; a suit for trial of title to land; and a suit to enforce a lien on land.

Who stands at the bench

Rule 500.3 answers the representation question in both directions. An individual may appear personally or through an attorney. A corporation or other entity may send an attorney, or may instead send an employee, owner, officer, or partner who is not one. For good cause, the court may also allow a self-represented individual to be assisted in court by a family member or another uncompensated person. Nothing in Part V requires a lawyer on either side of the docket, and section 27.060(d) forbids the Supreme Court from writing justice court rules that would require one.

Bringing a case, from petition to trial date

1. File a petition with the justice court

   Rule 502.2 lists what the petition must contain, among them the parties' names, addresses, and phone numbers (the defendant's, if known), the amount of money sought, a description and claimed value of any personal property sought, any other relief requested, and the basis for the claim. Filing fees are paid at filing, or the plaintiff files a Statement of Inability to Afford Payment of Court Costs under Rule 502.3. Venue matters too: Rule 502.4 lists where a defendant is generally entitled to be sued, including the county and precinct where the defendant resides or where the incident giving rise to the claim occurred.

2. The court issues a citation and the defendant is served

   Under Rule 501.1 the clerk promptly issues a citation, the formal notice of suit, but the plaintiff is responsible for getting it served. Rule 501.2 controls how: service by a sheriff or constable, a certified process server, the clerk by registered or certified mail, or a person the court authorizes, and never by anyone who is a party to the suit or interested in its outcome. If personal delivery and certified mail both fail, the court can authorize alternative service on a sworn request under Rule 501.2(e).

3. The defendant answers, or does not

   Rule 502.5(d) sets the deadline: unless served by publication, the answer is due by the end of the 14th day after the day of service, pushed to the next business day when that day is a Saturday, Sunday, or legal holiday, or a day the court closes before 5:00 p.m. A general denial is enough to count as an answer under Rule 502.5(b). A defendant who files nothing by the deadline is exposed to a default judgment under Rule 503.1, once the judge confirms service was proper.

4. The case is set for trial

   After an answer is filed, Rule 503.3 puts the case on the trial docket, with notice of the setting sent to the parties at least 45 days ahead unless the judge finds an earlier setting is required in the interest of justice. Either side may demand a jury under Rule 504.1 by filing a written demand no later than 14 days before the trial date and paying the jury fee that rule sets, or filing a Statement of Inability. Without a timely demand, or the judge's good-cause excusal of a late one, the judge tries the case alone.

A hearing without the rules of evidence

The feature that makes justice court usable by non-lawyers is written into Rule 500.1(e): the other Rules of Civil Procedure and the Rules of Evidence do not apply, except where the judge decides a particular rule must be followed to keep the proceeding fair to all parties, or where a statute or Part V specifically says otherwise. Nobody has to know how to lay a predicate or phrase an objection. The judge is expected to carry part of the load: Rule 500.5 allows the judge to question a witness or party and to summon any person to appear as a witness when the judge considers it necessary for a correct judgment and a speedy disposition.

Discovery is deliberately thin. Under Rule 500.8(a), pretrial discovery is limited to what the judge considers reasonable and necessary, and every request goes through the court first. Both sides can compel witnesses: Rule 500.7 lets a party obtain a subpoena from the clerk, though no one can be subpoenaed to a county more than 150 miles from where the person resides or is served.

Judgment, and the appeal that starts over

The judgment itself carries its own instructions. Rule 505.1 requires it to state the parties' rights, say who pays costs, and, in a small claims case, tell the losing party on its face that an appeal is taken with a bond, a cash deposit, or a Statement of Inability to Afford Payment of Court Costs, filed within 21 days after the judgment is signed. Rule 506.1(a) states the same deadline and adds the alternative trigger: 21 days after the judgment is signed or after a motion to reinstate, motion to set aside, or motion for new trial is denied. Those post-judgment motions have their own clock under Rule 505.3, generally 14 days from the signed judgment or dismissal.

What an appeal buys is unusual. Under Rule 506.3, the case is tried de novo in the county court: a completely new trial in which the entire case is presented as if the justice court trial had never happened. The justice court's decision does not travel up as a record to be reviewed for error. Both sides simply try the case again, this time in a court where the ordinary rules apply. Every rule named in this guide links to the official rulebook in the sources below, the citation practice Texas Legal Answers follows on every page. This silo covers collection lawsuits and the statutes that police them. Start with the debt and small claims guides.