The small claims limit in Texas is $20,000.00 (governed by Texas Government Code § 27.031). All small claims cases are adjudicated in the Texas Justice of the Peace (JP) Court under the Texas Rules of Civil Procedure (Rules 500–510).
This $20,000 jurisdictional cap applies equally to individuals and corporate entities, and excludes court filing fees and statutory pre-judgment interest. Use our free Interactive Texas Limit Checker to test your claim eligibility.
1. Texas Justice Court Jurisdictional Dollar Limits ($20,000)
In Texas, small claims matters are adjudicated by the Justice of the Peace (JP) Court (governed by Texas Government Code § 27.031 and Part V of the Texas Rules of Civil Procedure, Rules 500-510).
- Monetary Limit: The jurisdictional limit in Texas Justice Courts is $20,000, exclusive of statutory court costs and pre-judgment interest.
- Broad Subject-Matter Scope: Covers debt collection, unreturned tenant deposits, contractor invoice defaults, vehicular property damage, and consumer contract disputes.
- Corporate Representation: In Texas JP Court, a corporation or business entity may be represented by a non-attorney employee or corporate officer (Texas Rules of Civil Procedure Rule 500.4).
2. Texas Property Code § 92.109: Landlord Security Deposit Penalties
Texas provides robust statutory remedies against residential landlords who wrongfully hold security deposits:
- The 30-Day Rule (Tex. Prop. Code § 92.103): A landlord must refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises, conditioned on the tenant providing a written forwarding address.
- Itemized Accounting Requirement: If the landlord deducts any money for damages beyond normal wear and tear, they must deliver a written description and itemized list of all deductions within that same 30-day window.
- Statutory Bad Faith Presumption (Tex. Prop. Code § 92.109(d)): A landlord who fails either to return a deposit or to provide an itemized list within 30 days is presumed by law to have acted in bad faith.
- Triple Damages & Statutory Fee: Under § 92.109(a), a landlord who in bad faith retains a deposit is liable for an amount equal to the sum of $100, plus three times the portion of the deposit wrongfully withheld (treble damages), plus reasonable attorney's fees.
3. Texas CPRC Chapter 38: The Mandatory 30-Day Presentment Rule
Under Texas Civil Practice and Remedies Code Chapter 38, a plaintiff who prevails on a claim for breach of an oral or written contract, rendered services, or furnished materials can recover reasonable attorney's fees from the defendant.
Mandatory Prerequisite: The claimant must present the claim to the opposing party (the demand letter) and payment for the just amount owed must not have been tendered before the expiration of the 30th day after presentment (Tex. Civ. Prac. & Rem. Code § 38.002). Sending your demand letter via certified mail starts this mandatory 30-day statutory clock.
4. Texas Justice Court Filing Fees & Citation Costs
Costs in Texas Justice Courts are typically split into the court filing fee and the Constable citation service fee:
| Expense Item | Average Cost | Statutory Details |
|---|---|---|
| Standard Court Filing Fee | $54.00 | State consolidated civil fee + local county clerk fee |
| Constable Service Fee (Per Defendant) | $75.00 – $100.00 | County Constable personal service of citation |
| Jury Fee (Optional) | $22.00 | If either party demands a 6-person jury trial |
5. How to File in Texas Justice Court
- Identify Proper Precinct: In Texas, lawsuits must be filed in the specific County Precinct where the defendant resides or where the contractual obligation was to be performed.
- Send the 30-Day Certified Demand: Use our PreCourtDemand Generator and mail via USPS Certified Mail with Return Receipt Requested.
- File the Petition: If the 30-day window passes without payment, submit a Small Claims Petition with the Justice of the Peace clerk.
- Citation: The County Constable or a private process server authorized under Rule 103 will formally serve the defendant with citation and petition.
6. Dishonored Checks & Statutory Processing Fees (Tex. Bus. & Com. Code § 3.506)
Under Texas Business and Commerce Code § 3.506, if a person or entity issues a check that is dishonored due to insufficient funds or a closed account, the holder of the check is legally entitled to charge a reasonable processing fee of up to $30.00.
Furthermore, under Texas Penal Code § 32.41, issuance of a bad check is a criminal misdemeanor offense if the maker fails to pay within 10 days of receiving actual notice. In pre-court civil demands, providing notice of the $30 statutory processing fee and formal demand creates immediate compliance leverage.
7. Post-Judgment Remedies: Collecting in Texas (Writ of Execution)
Securing a court judgment in Texas JP Court is only half the battle; collecting on that judgment requires utilizing statutory enforcement tools:
- Abstract of Judgment: Immediately file an Abstract of Judgment with the County Clerk. This places a formal 10-year statutory lien against any non-exempt real property owned by the judgment debtor in that county.
- Writ of Execution: Thirty days after judgment, request a Writ of Execution ordering the County Constable or Sheriff to seize non-exempt personal or business assets to satisfy the debt.
- Post-Judgment Bank Garnishment: If you know where the debtor banks, you can file an application for a Writ of Garnishment to freeze and seize the funds in their bank accounts up to the full judgment amount plus post-judgment interest.