Want it written for you? Texas courts issue their own version of the claim form, so we do not produce the form itself. Answer a few plain-English questions and get a Statement of Claim written so you can copy each field onto your court’s form, plus a script for the hearing and an evidence checklist. Checking is free; $19 for the completed documents.
Check if your Texas claim qualifiesThe Texas Small Claims Form
📄 Per-precinct Small Claims Petition — NO statewide numbered form
Texas courts issue their own version of this form, so get the one for the court you file in. Download it free from txcourts.gov.
Texas Limit, Fee and Filing Rules
| Item | Detail |
|---|---|
| Court | Justice Court (JP) |
| Claim limit | $20,000 |
| Claim form | Per-precinct Small Claims Petition — NO statewide numbered form |
| Filing fee | ~$54 + $75–$100/defendant service — confirm the current fee with the clerk before filing |
| Serving the defendant | Constable/sheriff/authorized server ONLY — never plaintiff (citation issued by clerk) |
| Before you file | DTPA consumer claims: 60-day pre-suit notice |
In Texas, the exact court, local paperwork and fees can differ by county or court. The court finder below shows yours.
Filing Deadlines in Texas
How long the law gives you to file. When the clock starts depends on the claim, so do not leave it late: a claim filed after the deadline can be dismissed however strong it is.
| Type of claim | Time to file | Law |
|---|---|---|
| Written contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.051 (see also § 16.004(a)(3)) |
| Oral / verbal agreement | 4 years | Tex. Civ. Prac. & Rem. Code § 16.051 (see also § 16.004(a)(3)) |
| Damage to property | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Unpaid debt or account | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) |
Not sure which type yours is? The statute of limitations lookup covers more claim types.
Being Sued in Texas Instead?
Do you file an answer? File a written answer and serve a copy on the plaintiff by the end of the 14th day after you were served (the next business day if that is a weekend, holiday or court-closed day). A general denial is enough. (Tex. R. Civ. P. 502.5(d))
If they owe you money: File a counterclaim petition, pay the filing fee (or file a Statement of Inability to Afford Payment), and serve the plaintiff. It may be unrelated to the plaintiff's claim but must be within justice court jurisdiction. (Tex. R. Civ. P. 502.6(a))
The been-sued deadline lookup covers what happens if you do nothing.
Where to Get the Official Texas Forms
Court forms are free from the official sources below. Use the current version from your court.
- Official claim form — txcourts.gov
- Official source — txcourts.gov
- The clerk of the Justice Court (JP) — can give you the current form and tell you whether your court adds any local paperwork.
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).
Source: txcourts.gov. Confirm with the court before you rely on it.
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.
Source: txcourts.gov. Confirm with the court before you rely on it.
How the $20,000 Is Counted
Texas Rule of Civil Procedure 500.1(a) sets the Justice Court cap and says what counts toward it: a small claims case “can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.”
- Attorney fees count toward the $20,000. If you are claiming attorney fees, add them to the amount you are asking for before you check it against the cap.
- Statutory interest and court costs do not count. They sit outside the $20,000.
- A small claims case is not limited to money. The same rule defines it as a lawsuit for “the recovery of money damages, civil penalties, personal property, or other relief allowed by law.”
Source: txcourts.gov, checked October 7, 2026. Confirm with the court before you rely on it.
How does Texas compare? See the small claims limits and filing fees for every state.
Texas Small Claims Forms: FAQ
❓ What form do I file to start a small claims case in Texas?
The claim is filed on your court’s own version of the claim form. The official source is txcourts.gov. Court-issued forms are free; you pay only the filing fee.
❓ How much can you sue for in Texas small claims court?
In Texas you can claim up to $20,000 in the Justice Court (JP). If your claim is larger, you can usually reduce it to the limit or file in a higher court instead.
❓ How much does it cost to file small claims in Texas?
The filing fee is ~$54 + $75–$100/defendant service — confirm the current fee with the clerk before filing. Serving the defendant usually costs extra.
❓ Can you fill in the Texas small claims form for me?
Texas courts issue their own version of the claim form, so we do not produce the form itself. We write a Statement of Claim from your answers, laid out so you can copy each field onto your court’s official form, plus a script for the hearing and an evidence checklist.
Want it written for you?
A few plain-English questions about your Texas case, then review and file. Checking is free; $19 for the completed documents.
Check if your Texas claim qualifiesGeneral information, not legal advice. SmallClaimsHelper prepares documents; it is not a law firm.