Texas Small Claims Court 2026: Monetary Limits & Qualifying Cases

What court handles small claims in Texas, and what is the 2026 monetary limit?

Texas does not have a standalone "small claims court" — it merged that function into the Justice of the Peace (JP) Court in 2013. Texas eliminated the standalone Small Claims Court through HB 79, folding its function into the Justice of the Peace Court. The same precinct judges who hear evictions and criminal misdemeanors now also hear civil disputes up to $20,000, one of the highest small-claims limits in the country.

The $20,000 limit is set by Section 27.031 of the Texas Government Code, which gives the justice courts jurisdiction over civil matters in disputes of less than $20,000. The procedural rules for those cases live in Rule 500.3(a) of the Texas Rules of Civil Procedure (TRCP), which defines a small claims case as a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are governed by Rules 500–507 of Part V of the Rules of Civil Procedure.

Small claims are filed in the county justice of the peace courts in Texas. Justice courts provide a more informal setting than higher-level courts, so parties often represent themselves rather than hiring an attorney. Lawyers are permitted to appear on either side, but they're not required — the rules under TRCP 500–507 are written for self-represented parties.

How do I calculate whether my claim is under the $20,000 cap?

The number you use isn't simply "what I lost." Defined under Rule 500.3(a) of the Texas Rules of Civil Procedure, the amount in controversy represents the total amount of money requested by the plaintiff, exclusive of interest and court costs, but inclusive of attorney's fees when allowed by law. That means when you calculate your claim, you must include every component of direct monetary loss — principal balance, penalties stipulated by contract, and any recoverable fees — but you must exclude statutory interest, court costs, or post-judgment charges.

Watch out for the claim-splitting trap. The ceiling applies to the aggregate total of all claims in one case. If you file multiple counts — for example, unpaid wages of $12,000 plus a property damage claim of $9,000 — the combined sum of $21,000 exceeds the jurisdictional cap. You cannot divide them into separate suits against the same defendant to circumvent the limit; Texas courts view that as "claim splitting," and in such cases the Justice Court must dismiss or transfer your filing to County Court.

There's also a flip side: plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $20,000 cap. Otherwise, they must file in a higher court. You can voluntarily waive the excess to stay in JP Court — but you permanently give up the difference. You cannot agree to accept less money just so you can file in a small claims court if your actual claim exceeds the limit and you intend to pursue the rest elsewhere.

What types of cases qualify — and which ones don't?

Justice Court is the right venue for a broad range of everyday money disputes. The Texas Justice Court is the right place to bring an eviction case, and a claim for unpaid rent can be joined with an eviction case if the amount of rent due and unpaid is less than $20,000 (Texas Rules of Civil Procedure, Rule 500.1). Justice Court is also an excellent forum for property damage cases and breach of contract disputes.

One hard limit: Justice Courts can award money judgments only; they cannot issue injunctions, specific performance orders, or declaratory relief. Thus, even if the monetary value of a dispute seems small, if you want the court to compel an act — such as ordering a contractor to finish work — you must file in a higher court.

Texas also has a powerful consumer protection overlay worth knowing. The Deceptive Trade Practices–Consumer Protection Act (DTPA), enacted in 1973 and codified as Chapter 17 of the Texas Business and Commerce Code, empowers individuals to sue businesses for false, misleading, or deceptive practices. Sections 17.50 and 17.506 of the Texas Business & Commerce Code outline the relief consumers can receive: up to three times the amount of economic damages if the business acted knowingly or intentionally. That multiplier matters because a DTPA claim with, say, $6,000 in actual damages could produce an $18,000 award — still inside the $20,000 cap. Important: Section 17.505 of the Texas Business & Commerce Code requires the consumer to provide the seller with written notice of their complaint at least 60 days before filing a lawsuit.

What are the statutes of limitations?

File late and your case gets dismissed no matter how strong it is. Texas uses different deadlines depending on the type of claim:

In Texas, the key deadlines are: 4 years for written and oral contracts, and 2 years for personal injury and property damage. These time limits begin running from the date the breach or injury occurred, or in some cases, from the date you discovered (or should have discovered) the harm. Security deposits get special treatment: Texas Property Code Section 92.109 requires the landlord to return the deposit within 30 days of move-out and provide an itemized list of deductions. Failure to comply can result in the tenant recovering three times the deposit amount, plus $100 in statutory damages and reasonable attorney fees.

How much does it cost to file, and where do I file?

Texas Justice Court filing fees run $25 for claims at or below $200 and up to $54 for larger claims, depending on county and service method. Service by certified mail or constable adds roughly $30 to $80 more. One real-world data point: Fort Bend County charges $54.00 at the time of filing, not including a service fee of $80.00 per defendant. Fees vary — always confirm with your specific JP Court before you show up.

Can't afford the fees? Filers who cannot afford the fee can submit a Statement of Inability to Afford Payment of Court Costs for a waiver. The form must be notarized and filed with your petition.

Venue — where you file — is not optional. Texas Rules of Civil Procedure Rule 502.4(b) states that a defendant in a small claims or debt claim case is entitled to be sued in the county and precinct where they reside. Generally, you must file a suit in the county where the party being sued lives, where the incident occurred, or where the services involved in the claim were performed. Filing in the wrong precinct can get your case dismissed or transferred.

What happens after the hearing — can I appeal?

Losing doesn't have to be final. Either party can appeal a JP Court judgment to County Court at Law for a trial de novo, meaning the case starts over with a new trial on the facts. The appeal must be perfected within the deadline set by Texas Rules of Civil Procedure 506.1, typically 21 days from the judgment.

The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. That cuts both ways — the defendant can present brand-new defenses just as easily as you can present new evidence.

The appeal process is strict. The appeal must be filed within 21 days after the judgment is signed, or the motion to reinstate, motion to set aside, or motion for new trial, if any, is denied. All appeal documents and financial amounts must be filed by 4 p.m. No exceptions and no extensions allowed. If you're the defendant appealing a money judgment, a plaintiff must file a $500 bond, while a defendant must file a bond in an amount equal to twice the amount of the judgment. Low-income parties can substitute a Statement of Inability to Afford Payment of Court Costs in place of the bond.

Post-judgment, if you win and the other side doesn't pay, note that Texas Constitution Article XVI, Section 28 prohibits garnishment of current wages for personal service except for court-ordered child support and spousal maintenance, making Texas one of the strongest wage-protection states in the country. Creditors must instead use writs of execution, abstracts of judgment recorded as liens, or turnover orders under Tex. Civ. Prac. & Rem. Code Ch. 31.

About SmallClaims: We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.