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Texas small claims cost guide
In Texas you can claim up to $20,000 including attorney fees (excluding interest & court costs). The filing fee is Flat $54 in most counties — NOT tiered by claim amount ($21 state + $33 local consolidated fees).
| Texas at a glance | Figure |
|---|---|
| Maximum claim | $20,000 including attorney fees (excluding interest & court costs) |
| Court | Justice Court (Justice of the Peace) |
| Filing fee | Flat $54 in most counties — NOT tiered by claim amount ($21 state + $33 local consolidated fees) |
| Service of process | Constable service varies by county — Tarrant Co. charges $75–$90 per person; private servers typically $75–$125 |
Before you file anywhere, check the claim limit and filing fee for your state — a claim $1 over the limit can be dismissed or bounced to regular civil court.
Open the cost calculatorWhere you file
You file in the Justice Court (the Justice of the Peace court) for the precinct where the defendant lives, where the contract was to be performed, or where the incident happened. Texas small claims are governed by Rules 500–507 of the Texas Rules of Civil Procedure, and every justice court handles them on the same forms.
Filing fees by claim amount
Flat $54 in most counties — NOT tiered by claim amount ($21 state + $33 local consolidated fees). Because the schedule is tiered, the exact fee for your claim is in the calculator on the homepage — select Texas and enter your amount.
Service of process: options and costs
| Method | Cost | Notes |
|---|---|---|
| Constable or sheriff | Varies by county commissioners' fee schedule — Tarrant County charges $75 per person in Justice Court 5 and $90 per person in Justice Court 7 | Statutory, reliable, business-hours attempts |
| Private process server | $75–$125 typical | Faster and more attempts, including evenings |
| Clerk service by certified/registered mail | Available in justice court if you ask the clerk; the fee is court-specific | Only works if the defendant signs — personal service is the Texas default under Rule 501.2 |
Step by step: filing in Texas
- Fill out the Small Claim Petition (the court's form asks what happened, when, and the exact amount — remember your claim, including any attorney fees, cannot exceed $20,000).
- Pay the flat $54 consolidated filing fee at the clerk's window or online — the same fee whether you claim $500 or $19,000.
- Choose service: the constable is the default in most counties. The citation must actually reach the defendant for the case to move.
- The defendant has until the end of the 14th day after service to file a written answer. No answer is usually required to simply show up and defend in justice court — and there is no fee to answer.
- If the case is referred to mediation (many counties route justice-court cases to a Dispute Resolution Center first, often free or sliding-scale), attend — skipping it can mean a default against you.
- Trial is informal: bring your contract, invoices, photos, messages, and any witnesses. Either side could have demanded a jury by paying the $22 jury fee in advance.
Timelines and extra fees
- Answer deadline: end of the 14th day after the defendant is served.
- Trial date: set by the court once service is complete and any answer is in — varies by precinct's docket.
- Appeal: the loser may appeal to county court for a brand-new (de novo) trial.
- Enforcement: if you win and aren't paid, a writ of execution runs about $125–$175 all-in and garnishment about $150–$200 plus service, per Texas practitioner guides.
The honest summary: Texas is one of the friendliest states in the country for small claims plaintiffs: a $20,000 limit (the attorney-fee portion counts toward it; statutory interest and court costs do not) and a filing fee that does not scale with the claim. The trade-off is service — Texas expects personal service by a constable, sheriff, or certified process server, so budget $75 or more per defendant on top of the $54.
In nearly every state the loser is ordered to reimburse your filing and service fees. Here is how that actually works, and when it doesn't.
Read: recovering your court costsWorked total: what a case costs to file
| Claim amount | Filing fee | Service | Total to file |
|---|---|---|---|
| $500 | $54 | $75–$125 | $129–$179 |
| $2,500 | $54 | $75–$125 | $129–$179 |
| $5,000 | $54 | $75–$125 | $129–$179 |
These totals are filing fee plus service only, for one defendant, before any mediation, jury, or enforcement charges itemised above. If you win, courts generally order the defendant to reimburse these costs — see recovering your court costs.
Sources: Texas Justice Court Training Center — Fines, Fees and Costs Deskbook, 5th ed. (Feb 2026) · Tarrant County Justice Courts — Small Claim Cases. Researched October 2026 — confirm current figures with the court clerk.
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