How much is small claims court in Texas?
Asked by: Halie Hodkiewicz | Last update: September 4, 2025Score: 4.3/5 (60 votes)
What is Small Claims Court? Texas law provides that every county in the state have a Small Claims Court as a forum for settling legal disputes involving cases for money damages up to $10,000. It costs approximately $85 to file a case. You can represent yourself in Small Claims Court or have an attorney.
What qualifies as Small Claims Court in Texas?
About the Small Claims Court. The Small Claims Court in Texas is created under Chapter 28 of the Texas Government Code. It has concurrent jurisdiction with the Justice Court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $20,000.00.
Is it worth going to Small Claims Court for $500?
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
What happens if you lose in Small Claims Court in Texas?
What Happens if I Lose My Small Claims Case? If the judgment is in favor of the defendant, you can file a motion for new trial within 14 days of the judgment. That means that you want a “do over” in the same justice court.
How long do you have to take someone to small claims court in Texas?
To be safe, you should file suit as soon as you are convinced you cannot recover the money on your own, and before 2 years have gone by. The trial of the case may be heard by the Judge of the Court sitting alone, or upon request of either party, by a six-person jury.
Step-by-Step Guide: Filing a Small Claims Lawsuit in Texas for Money Damages of $10,000 or Less
How to file a lawsuit with no money?
Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money. Your lawyer will only receive payment for their services if and when you reach a positive resolution and some form of compensation in your case.
Do people win in small claims court?
In fact, many small claims cases are won simply because the other side didn't show up to court. The result of a successful small claims case is a judgment—a court order requiring the other party to pay you.
Will a collection agency sue for $5000?
Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.
Is suing someone worth it?
Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.
Can you hire a lawyer for small claims court Texas?
You are not required to have a lawyer in a small claims case. Justice courts are less formal than the district or county courts, and people often represent themselves instead of hiring an attorney.
How much is too little for small claims court?
While most courts don't have a strict minimum amount you can sue for, the practical minimum is usually determined by the small claims court filing fee, which can range from around $25 to $50, meaning you would need to be suing for at least that amount to make it worthwhile to file a lawsuit; however, the maximum amount ...
What happens if a defendant does not pay a judgment in Texas?
Enforcing a judgment against a defendant who does not pay
If a defendant does not pay a judgment, the plaintiff can try to enforce the judgment by filing another lawsuit. For example, if the defendant owns several cars, the plaintiff can sue to have the car transferred to the plaintiff.
What happens if you lose a lawsuit and can't pay in Texas?
Monetary Judgment: A monetary judgment, known as a “levy,” allows a creditor to take funds directly from your account. Judgment Lien: A judgment lien allows a plaintiff to take control of real property owned by the defendant (that is not exempt) or take the money owed from the sale of that property.
How do I serve someone in Small Claims Court in Texas?
You can either hire a private process server to serve the paperwork, or pay for the constable, sheriff, or clerk of the court to serve the paperwork. The fee for this service varies from county to county, see the court for details.
What happens if you don t show up for Small Claims Court in Texas?
A judge will issue a default judgment when a defendant fails to file an answer to the lawsuit or if they fail to appear in court. Court rules state that certain conditions must be met before a default judgment can be issued.
What is the 11 word phrase to stop debt collectors?
The phrase in question is: “Please cease and desist all calls and contact with me, immediately.” These 11 words, when used correctly, can provide significant protection against aggressive debt collection practices.
Can you go to jail for debt in Texas?
Texas & Federal Law
This provision in the Texas Constitution ensures that no person shall ever be imprisoned for debt.
Do I have to pay a debt that has been sold?
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
What to say in small claims court?
Prepare a written outline of the important facts and the points you intend to make to the judge. Try to think of the questions the judge might ask, and of any available evidence that supports your answers and that you can bring to court.
How long does a small claims court case usually take?
The timeline for small claims cases depends on several factors, including the filing process, serving the defendant, and scheduling a hearing. Generally, small claims cases in California take about two to six months from start to resolution.
What happens if you sue a broke person?
Ability to Pay Has No Bearing on the Verdict
You may be awarded a judgment in your favor even if the other party is unable to pay because the case is about their liability. Collecting on a court order can be difficult when you're suing someone with no money.
Can I make a police report if someone owes me money?
It is not a crime per se, it is a civil tort issue. You have to sue the person to retrieve your money, the police can't help.. I sincerely hope that you have some sort of written agreement.
How to file a lawsuit in Texas without a lawyer?
Parties without lawyers can also file case documents in person at the Court during normal business hours or by mail. Most case documents are posted to the Court's website, except clerk's records, reporter's records, and sealed documents. You can search for your case at search.txcourts.gov/.