Texas Small Claims Court Filing a Lawsuit Without a Lawyer

Texas small claims court filing a lawsuit without a lawyer guide Learn how to sue for under $20,000 file forms serve defendants & win your case.

LawyerFluxJune 4, 2025

13 5 minutes read

Filing a lawsuit in Texas small claims court without a lawyer is a practical and cost-effective way to resolve legal disputes involving smaller amounts of money. Designed to be accessible to everyday people, the small claims court system in Texas handles cases where the amount in question is $20,000 or less. Whether you’re dealing with unpaid debts, property damage, or broken contracts, this streamlined process allows you to present your case directly to a judge without the need for expensive legal representation.

While navigating the legal system can feel intimidating, Texas small claims court is structured to be user-friendly for non-lawyers. By understanding the filing process, evidence requirements, and courtroom procedures, you can confidently pursue your claim. This guide will walk you through each step from preparing your case to enforcing a judgment so you can seek justice efficiently and effectively.

Texas Small Claims Court Filing a Lawsuit Without a Lawyer

Understanding Texas Small Claims Court

Texas small claims courts are part of the state’s justice system, designed to resolve minor civil disputes quickly and affordably. These courts handle cases where the disputed amount does not exceed $20,000, though some jurisdictions may have lower limits. The informal nature of small claims court means that parties typically represent themselves, avoiding the high costs of hiring an attorney.

Eligibility Requirements

To file a claim in Texas small claims court, you must be at least 18 years old or have a legal guardian file on your behalf. Businesses can also file claims, but they must be represented by an owner or employee rather than an attorney. The case must fall within the court’s monetary limits, and the dispute must have occurred within the court’s jurisdiction.

Types of Cases Handled

Most Common Eligible Cases

The Texas small claims court system specializes in resolving straightforward financial disputes where clear documentation exists to prove the claim. These cases typically involve specific monetary demands under $20,000 that don’t require complex legal arguments, such as unpaid personal loans or business debts where promissory notes or invoices exist. Property damage claims fit well in this system when there’s evidence like repair estimates, photos of damages, or police reports – common in minor car accidents or incidents where belongings were destroyed.

Why These Cases Qualify

Small claims court is specifically designed for disputes that can be resolved through straightforward financial compensation rather than complex legal remedy. These cases are ideal for small claims because they involve specific, easily quantifiable dollar amounts like unpaid invoices, security deposit refunds, or property repair costs that don’t require expert calculations or subjective valuation. The system works best when claims are supported by tangible, documentable evidence such as signed contracts, itemized receipts, dated photographs, or bank statements that clearly establish both the debt and the defendant’s responsibility.

Excluded Case Types

While Texas small claims court efficiently handles straightforward monetary disputes, more complex legal matters must be filed in higher courts due to their specialized nature and broader authority. Cases involving ongoing relationships like evictions and landlord-tenant disputes typically go to justice or district courts that handle housing-specific procedures and can issue writs of possession. Matters requiring injunctions, restraining orders, or non-monetary resolutions such as divorce settlements, child custody, or contract performance orders must be filed in district courts since small claims judges lack authority to grant equitable relief.

Filing a Small Claims Case in Texas

Initiating your small claims case in Texas starts with filing a Plaintiff’s Claim (also referred to as a petition or statement of claim) at the justice court in the county where the defendant resides or where the dispute occurred. You must provide essential details, including your full legal name, current address, and phone number, along with the defendant’s accurate name and address (for individuals, use full legal names; for businesses, verify the registered agent or principal office). The claim should include a concise yet thorough description of the dispute—clearly stating what happened, why you believe the defendant is liable.

Serving the Defendant

Properly serving the defendant is a critical step in your Texas small claims case, as the court requires proof they received official notice of the lawsuit. You have three main options for service: certified mail with return receipt (the most affordable method, where the green signature card serves as proof of delivery), a sheriff or constable (typically costing $50-$100, but considered more reliable as officers will attempt multiple delivery attempts), or a licensed private process server (useful for evasive defendants, though more expensive). Whichever method you choose, ensure you file the completed proof of service with the court.

Preparing for Court

In Texas small claims court, the strength of your case hinges on the quality of your evidence, so thorough preparation is essential. Start by gathering all relevant documentation signed contracts that prove agreements, dated invoices or receipts showing transactions, and any written communication (emails, texts, or letters) that supports your claim. For property damage or defective goods, include timestamped photographs or videos that clearly show the issues.

The Court Hearing

While Texas small claims court hearings are designed to be more informal than traditional court proceedings, proper preparation and courtroom etiquette significantly increase your chances of success. You should arrive at least 30 minutes early to check in with the clerk and review your materials, dressing in business casual attire to show respect for the court. Bring all relevant evidence organized chronologically, including contracts, receipts, photographs, or repair estimates.

Enforcing a Judgment

Winning your case in Texas small claims court is only half the battle collecting your judgment requires proactive effort since courts don’t automatically enforce payments. If the defendant doesn’t voluntarily pay, you’ll need to initiate collection methods such as wage garnishment (where a portion of the debtor’s paycheck is withheld), bank levies (freezing and seizing funds from their accounts), or placing property liens (claiming a legal interest in their real estate or vehicles).

Conclusion

Filing a lawsuit in Texas small claims court without a lawyer is an empowering way to resolve disputes efficiently and affordably. By understanding the process from properly filing your claim to presenting a well-organized case you can confidently advocate for yourself in court. While the system is designed to be accessible, success depends on thorough preparation, clear evidence, and a professional approach. Whether you’re seeking repayment for a debt, compensation for damages, or enforcement of a contract, small claims court provides a practical legal remedy without the high costs of traditional litigation.

Remember that winning your case is only the first step collecting the judgment may require additional effort. If the defendant refuses to pay voluntarily, you may need to explore enforcement options such as wage garnishment or bank levies. However, with persistence and the right strategy, you can achieve a fair resolution. Filing a lawsuit in Texas small claims court without a lawyer is not only possible but often the most straightforward path to justice for smaller claims. By following the guidelines outlined in this guide, you can navigate the process with confidence and increase your chances of a successful outcome.