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Get My Texas Forms — $19In 2013 Texas folded separate "small claims courts" into the Justice Courts, so a small claims case today is a Justice Court civil suit under Texas Rules of Civil Procedure 500–507. Because each Justice of the Peace precinct supplies its own paperwork, there is no single statewide form number — but the documents are simple and consistent.
The short version: file a petition (often labeled "Small Claims Petition" or "Statement of Claim") with your local Justice Court, pay the county filing fee, and have the defendant served by an authorized server. You can claim up to $20,000. Get forms and rules at txcourts.gov.
What You File in a Texas Justice Court
Texas uses court-issued and county-supplied documents rather than a statewide numbered set. Here is what a typical small claims case involves:
📄 Petition / Statement of Claim (county-supplied)
The document that starts your case, governed by Rule 500.3 and 502.2. Each Justice of the Peace precinct provides its own version — there is no single statewide form number. It names the parties, the amount you seek, and the basis of your claim. Get your precinct's form from its website or clerk.
📬 Citation & return of service
After you file, the clerk issues a citation to notify the defendant. Service is made by a constable, sheriff, or authorized process server (not by you), and a return of service is filed with the court. These are court-issued documents, so there is no statewide download form number (Rule 501).
💵 Statement of Inability to Afford Payment of Court Costs
The statewide fee-waiver form. If you cannot afford the filing or service fee, file this form (also covers an appeal bond) and the court decides whether to waive costs.
⚖️ Default judgment
If the defendant is properly served but does not answer, you can seek a default judgment — but only after the return of service has been on file with the clerk for at least three days (Rule 508).
Where to Get Official Texas Forms
Texas forms are free from the official sources below. Always use the current official version, and confirm any local (county/court) variations before you file.
- Texas Rules of Civil Procedure (Part V, Rules 500–507) — txcourts.gov/rules-forms/rules-standards
- Texas court forms & rules — txcourts.gov/rules-forms
- Statement of Inability to Afford Payment (fee waiver) — official statewide fee-waiver form
- Your local courthouse or clerk — the small claims / court clerk can provide the current forms and tell you which ones your court requires.
Texas Small Claims Limits & Fees
| Item | Amount / rule |
|---|---|
| Claim limit (Justice Court) | $20,000 (excludes interest & court costs) |
| Filing fee | Ask the clerk of court. Fees change and vary by claim size, and we publish a figure only where we have verified it against the court’s own schedule. |
| Service fee | Varies by county / server |
| Fee waiver | Statement of Inability to Afford Payment of Court Costs |
The $20,000 limit is set by Rule 500.3 (effective September 1, 2020). Filing and service fees are set by each county, so the figures above are typical examples, not statewide amounts — confirm the exact cost with your Justice Court before filing.
Before you file, run the numbers. Now that you know the Texas limit, three free tools answer the questions that come next: is the claim still in time (statute of limitations checker), is suing worth it once you count the fee and your time (worth-it calculator), and what will the whole thing cost (cost-to-sue estimator)? Many disputes settle before any of this, once the other side gets a written demand letter.
Which Justice Court Precinct Do You File In?
Texas venue is decided twice: first the county, then the Justice of the Peace precinct within it. The general rule is that you sue in the precinct where the defendant lives (Texas Rule of Civil Procedure 502.4). Most counties have several precincts, so the courthouse nearest you is often not the right one — and because each precinct supplies its own paperwork, picking the precinct is also what tells you which form to download.
- Service. Only a constable, sheriff, or authorised process server may serve the citation the clerk issues — you may not serve it yourself. This is the one rule in this section we hold with confidence, and it is the one most often got wrong.
- Before you file. Our record shows no general pre-suit notice requirement in Texas, but flags that a consumer claim brought under the Deceptive Trade Practices Act carries a 60-day pre-suit notice. That entry is unverified in our data and the consequence of missing such a notice is severe, so if your claim might be a DTPA claim, confirm the notice period with the court or a Texas lawyer before you build a timeline around it.
How we know this. The $20,000 limit and the service rule above are verified. The pre-filing note is an unverified entry in our Texas jurisdiction record, so we have attributed it rather than stating it as settled law. Your Justice Court precinct is the authority on what it requires.
How the $20,000 Is Counted — and the Traps Around It
Texas has one of the highest small claims ceilings in the country, which makes it tempting to assume you are comfortably inside it. The figure that matters is not what you lost but what you are asking the court to award, and those are not always the same number.
- Our records treat attorney fees as counting toward the Texas cap, with statutory interest and court costs sitting outside it. If that is right, Texas is the mirror image of Florida on fees — so do not carry an assumption across state lines. Ask the clerk how your precinct calculates the amount in controversy before you settle on a figure.
- Everything you are claiming against one defendant adds up. If you plead two separate losses in one case, it is the combined total that has to fit under the ceiling, not each item on its own.
- You cannot split one dispute into two suits to get under the limit. Two cases against the same defendant arising from the same underlying dispute are treated as an attempt to evade the cap, and the court can dismiss or move the filing.
- Capping your own claim is permanent. You may generally choose to claim only up to the limit so that you can stay in Justice Court, but you give up the excess for good.
- Justice Court awards money, not orders. If what you actually want is for someone to finish the work, hand back property, or stop doing something, that is not relief a small claims case delivers — and a money judgment may not solve your problem. Work out which one you need before you choose the court.
Where this came from. This section consolidates our retired Texas limits guide. The $20,000 figure is verified; the rules about what counts toward it are our editorial summary and are not traced to a statute or rule we have checked, so confirm them with your Justice Court. We have deliberately left out that guide's limitation-period table and its damages-multiplier claims — both are the kind of figure where being wrong is unrecoverable, and neither is verified in our data.
Texas Small Claims Forms: FAQ
❓ Is there a statewide Texas small claims form?
No — Texas has no single statewide numbered form. Small claims cases are heard in Justice Court, and each justice-of-the-peace precinct publishes its own Small Claims Petition. Get the current version from your precinct's JP court website or the clerk's office.
❓ What forms do I need to file a small claims case in Texas?
Your precinct's Small Claims Petition, plus a request for service (citation) on the defendant. If you can't afford the fees, ask the clerk about a Statement of Inability to Afford Payment of Court Costs. The txcourts.gov self-help resources point to each county's forms.
❓ How much can you sue for in Texas small claims court?
In Texas Justice Court you can claim up to $20,000, not counting statutory interest. If your claim is larger, you can reduce it to the limit or file in county or district court instead.
❓ Do you need a lawyer for small claims court in Texas?
No. Justice Court procedure is simplified for self-representation — you may hire a lawyer if you want one, but most small claims parties represent themselves.
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A few plain-English questions is all it takes: SmallClaimsHelper drafts your Texas claim plus a judge script, ready to review and file for $19.
Start My Claim — $19Treat this as general guidance rather than legal advice. In Texas, small claims forms, fees, and dollar limits shift over time and differ by county, so use the latest official forms and check with your local court before filing.
Frequently asked questions
Where do I get official Texas Justice Court forms?
From your local Justice of the Peace precinct (its website or clerk’s office) and from the Texas Judicial Branch at txcourts.gov/rules-forms. The statewide "Statement of Inability to Afford Payment of Court Costs" fee-waiver form is also available there.
How is the defendant served in a Texas small claims case?
After you file, the clerk issues a citation and the defendant is served by a constable, sheriff, or authorized process server — never by you. A return of service is filed with the court, and it must be on file at least three days before you can seek a default judgment (Rules 501 and 508).
How much can you sue for in Texas Justice Court?
Up to $20,000, excluding statutory interest and court costs, under Rule 500.3 (effective September 1, 2020). If your claim is larger, you can waive the excess to stay in Justice Court or file in a higher court.
What form do I file for small claims in Texas?
You file a petition — often called a "Small Claims Petition" or "Statement of Claim" — in your local Justice Court under Texas Rules of Civil Procedure 500.3 and 502.2. Texas does not have a single statewide numbered small claims form; each Justice of the Peace precinct supplies its own version, so get the form from your precinct’s website or clerk.