In 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 | Varies by county (commonly ~$54–$80) |
| 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.
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Start My Claim — $19This page is general information, not legal advice. Texas small claims forms, fees, and limits change over time and can vary by county — always use the current official forms and verify requirements with your court before you file.