Texas small claims limit, fees and rules
Texas raised the justice court limit from $10,000 to $20,000 for cases filed on or after September 1, 2020. A “small claims case” is one of four kinds of justice court civil case, alongside debt claim, repair-and-remedy and eviction cases, and is the one for an individual seeking money or personal property.[1][2]
| Rule | Texas |
|---|---|
| Dollar limit | $20,000$20,000 or less, exclusive of interest (court costs not counted), in Justice Court small claims cases. Cases filed before September 1, 2020 were capped at $10,000. |
| Court | Justice Court (small claims case) |
| Filing fee | Set by each county; typically about $54 to file plus a service fee for each defendant (often $75+ for constable/sheriff service). |
| Lawyers | AllowedParties may represent themselves or hire an attorney; a corporation may appear through an employee or officer without a lawyer (Tex. Gov't Code § 27.031(d); Tex. R. Civ. P. 500.4). |
| Appeal | Either party may appeal to the county court (or county court at law) for a new trial (de novo) by filing an appeal bond, cash deposit or statement of inability to pay within 21 days after judgment (Tex. R. Civ. P. 506.1, 506.3). |
| Also note | Limit raised from $10,000 to $20,000 by SB 2342 (86th Leg., 2019) for cases filed on or after September 1, 2020. Justice courts cannot hear divorce, defamation, title to land or suits to enforce a lien on land. No 2025 change found. |
What Texas justice courts cannot hear
Justice courts cannot decide divorces, defamation suits, disputes over title to land or suits to enforce a lien on land; those go to county or district court even if the amount is small. Most other money claims up to $20,000 can be filed: unpaid loans, a security deposit, car damage from a crash, faulty repairs.
- Where to file: the justice precinct where the defendant lives, or where the events happened.
- Fees: each county sets its filing fee, plus a service fee for each defendant served by a constable or sheriff; ask the clerk for the total or a fee waiver (Statement of Inability to Afford Payment).
- Businesses: a corporation may appear through an officer or employee without a lawyer.
- Appeal: within 21 days, by bond, cash deposit or statement of inability to pay; the county court tries the case again from the start.
Collection suits by lenders and debt buyers are filed as “debt claim cases” under separate rules; if you are being sued for an old debt, see the statute of limitations on debt in Texas. For crash damage, the car accident settlement calculator for Texas estimates the claim.
Deadline to file in Texas
Small claims cases have the same filing deadline as any lawsuit: once the statute of limitations runs, the court will dismiss the claim if the defendant raises it.[3][4][5]
| Claim | Deadline | Statute |
|---|---|---|
| Unpaid loan or written contract | 4 years | Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051 |
| Oral agreement | 4 years | Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051 |
| Credit card or open account | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c) |
| Property damage (e.g. fender bender) | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
See the full Texas statute of limitations list for other claims, compare the small claims limit by state if the defendant is elsewhere, and read how to file a claim in small claims court for the general steps. Whether to bring counsel is covered on the small claims attorney page.
Frequently asked questions
What is the small claims limit in Texas?
How much does it cost to file small claims in Texas?
How do you appeal a small claims judgment in Texas?
Sources
- Tex. Gov't Code § 27.031(a)(1); Tex. R. Civ. P. 500.3(a): small claims jurisdiction and procedure
- Texas small claims: official court self-help
- Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051: written contract limitation period
- Tex. Civ. Prac. & Rem. Code §§ 16.004(a)(3), 16.051: oral contract limitation period
- Tex. Civ. Prac. & Rem. Code § 16.003(a): property damage limitation period