Texas Justice Court — commonly called Justice of the Peace Court or JP Court — handles small claims disputes up to $20,000, one of the highest individual caps in the country, tied with Tennessee. The process is governed by Texas Rules of Civil Procedure 500-510 and designed to be simple enough that most people represent themselves without an attorney. But Texas has one of the most misunderstood collection systems in the country: wages are almost completely exempt from garnishment, and the one collection tool that does reach bank accounts — the Writ of Garnishment — typically requires an attorney to pursue because it is technically a separate lawsuit against the bank. Most self-represented plaintiffs discover this only after winning, when they realize their most obvious collection method is unavailable to them without legal help.
This guide covers the complete Texas Justice Court process — filing the petition, serving the defendant through the constable, preparing for an informal hearing, and the specific collection tools (Abstract of Judgment, Writ of Execution, Writ of Garnishment) that actually get you paid, along with their real costs and the attorney requirement most guides omit.
Texas Small Claims — Fast Facts (2026)
- Claim Limit
- Up to $20,000
- Court Name
- Justice Court (Justice of the Peace)
- Governing Rules
- Texas Rules of Civil Procedure 500-510
- Filing Fee
- $25 – $54 (varies by county and amount)
- Answer Deadline
- 14 days after service
- Wage Garnishment
- Exempt — Texas Constitution Art. 16 § 28
- Appeal Window
- 21 days from judgment signed date
- Post-Judgment Interest
- 5% per year — Tex. Fin. Code § 304.003
- Judgment Lien Duration
- 10 years
- Attorneys
- Allowed but not required — required for garnishment
What Makes Texas Small Claims Different
1. Wages Are Exempt From Garnishment — One of Only a Few States
Under the Texas Constitution, Article 16, Section 28, current wages for personal services are exempt from garnishment for consumer debts. This means that even after winning a judgment, you generally cannot garnish the defendant’s paycheck the way you could in most other states. This single rule fundamentally changes collection strategy in Texas — bank account levies and real property liens become far more important than they are in states where wage garnishment is the primary tool.
2. Garnishing a Bank Account Typically Requires an Attorney
A Writ of Garnishment in Texas is technically a separate lawsuit — you are suing the defendant’s bank, not the defendant directly, ordering the bank to freeze and turn over the defendant’s funds. Most Justice Courts require an attorney to represent you in this proceeding because of its formal nature. This is one of the most consequential and least-known rules in Texas small claims collection. Budget for a modest attorney fee for this specific step if bank levy is your only viable collection route.
3. The Abstract of Judgment Is Remarkably Cheap and Powerful
For just $5 per defendant per county, you can obtain an Abstract of Judgment from the Justice Court and record it with the County Clerk. This creates a lien on any real property the defendant owns in that county — valid for 10 years. Given the near-total wage garnishment exemption, the Abstract of Judgment becomes one of the most cost-effective and important tools in a Texas plaintiff’s collection strategy, especially against defendants who own property.
4. The 21-Day Appeal Clock Starts From the Signed Date — Not the Hearing Date
Texas judges sometimes sign the judgment days after the actual hearing rather than announcing a decision from the bench immediately. The 21-day appeal window runs from the date the judgment is signed, not the date of the hearing. Confirm the exact signed date with the court clerk — do not assume it matches your hearing date.
5. Very Few Standardized State Forms
Unlike California or Florida, Texas does not have a single standardized statewide small claims petition form. Each Justice Court precinct may use its own petition template. Always obtain the petition form directly from the specific precinct where you are filing rather than assuming a form from one county works statewide.
Texas Small Claims Filing Fees (2026)
| Item | Typical Cost |
|---|---|
| Filing fee (varies by county and claim amount) | $25 – $54 |
| Certified mail service | $10 – $15 |
| Constable personal service | $30 – $80 |
| Certified copies for your records | $1 per page |
| Abstract of Judgment (post-judgment) | $5 per defendant per county |
| Writ of Execution (post-judgment) | $125 – $180 |
| Writ of Garnishment (post-judgment, attorney typically required) | $150+ plus attorney fees |
| Appeal bond or transcript fee | $25 – $50 |
Total upfront cost to file and serve typically runs $100 to $250. If you win, the court may order the defendant to reimburse your filing and service costs as part of the judgment.
Fee waiver: If you cannot afford the fees, submit a Statement of Inability to Afford Payment of Court Costs, available from the Texas Justice Court Training Center (TJCTC) and your county clerk. The Justice of the Peace reviews your income and household information and, if approved, your case proceeds without upfront payment. This does not affect your ability to recover costs later if you win.
Step-by-Step: How to File in Texas
Step 1 — Send a Demand Letter First
Texas does not legally require a demand letter before filing, but judges generally expect to see one. Send a formal written demand by certified mail with return receipt requested, stating the amount owed and a deadline to pay. Keep proof of mailing — this becomes your first exhibit at the hearing.
Step 2 — Confirm the Correct Precinct
Texas has multiple Justice of the Peace precincts within each county. File in the precinct where the defendant resides or where the dispute occurred. Find your county’s Justice Court precincts through the Texas Office of Court Administration directory or your county’s website. Most counties list precinct boundaries by ZIP code or address lookup.
Step 3 — Complete and File the Petition
Obtain the Justice Court petition form directly from the specific precinct — Texas does not use one uniform statewide small claims form. The petition must state:
- Your correct legal name and contact information
- The defendant’s exact legal name — for a business, confirm the registered name and agent for service through the Texas Secretary of State at 1-800-252-1386
- A clear statement of the facts giving rise to your claim
- The exact dollar amount you are seeking (up to $20,000)
Step 4 — Pay the Filing Fee
Pay the filing fee at the precinct clerk’s office — $25 to $54 depending on your county and claim amount. Many Texas counties support e-filing through eFileTexas, which provides an automatic digital receipt.
Step 5 — Serve the Defendant
After filing, the court issues a citation. Service can be completed by:
- Constable personal service: The county constable delivers the citation and petition directly to the defendant. Cost: approximately $30–$80.
- Certified mail: The clerk sends the citation by certified mail with return receipt. Cost: approximately $10–$15. Often faster and cheaper than constable service.
Service must comply with Texas Rule of Civil Procedure 21a. Once served, the defendant has 14 days to file an answer, adjusted if the 14th day falls on a weekend, legal holiday, or a day the court closes before 5:00 PM.
Step 6 — Prepare Your Evidence
Collect contracts, invoices, receipts, photographs, text messages, emails, and witness contact information. Make three complete copies of every exhibit — one for the judge, one for the defendant, one for yourself.
Step 7 — Attend the Hearing
Texas Justice Court hearings are informal. Both sides present evidence and witnesses; the judge may rule immediately or take the matter under advisement and sign the judgment later. Arrive early, address the judge as “Your Honor,” and present your case in chronological order.
How to Collect Your Texas Small Claims Judgment
The court does not collect the judgment for you. Once the judgment is signed and the 21-day appeal window closes without an appeal, you can begin enforcement. Post-judgment interest accrues at 5% per year under Tex. Fin. Code § 304.003 (unless a higher contract rate applies).
Step 1 — Abstract of Judgment (Real Property Lien)
Available 10 days after the judgment is signed. Cost: $5 per defendant per county. Request the Abstract of Judgment from the Justice Court, then record it with the County Clerk’s office in any county where the defendant owns or may own real property. This creates a lien valid for 10 years and prevents the defendant from selling property without satisfying the debt. The Abstract is only valid in the counties where it is actually recorded — file in every county where the defendant may have property. Governed by Texas Property Code and recorded county-by-county.
Step 2 — Writ of Execution (Seize and Sell Non-Exempt Property)
Available 31 days after the judgment is signed (after the appeal period closes). Cost: approximately $125–$180. This writ authorizes the constable or sheriff to seize the defendant’s non-exempt personal property and sell it, applying the proceeds to your judgment. Texas Property Code Chapter 42 defines what property is exempt from seizure — homestead property, certain personal property up to statutory limits, and tools of trade are commonly protected. Governed by Tex. Civ. Prac. & Rem. Code Chapter 34.
Step 3 — Writ of Garnishment (Bank Accounts) — Attorney Typically Required
Available 30 days after the judgment is signed. This is technically a separate lawsuit: you become the plaintiff suing the defendant’s bank, ordering the bank to freeze and turn over the defendant’s account funds. Most Justice Courts require an attorney for this proceeding given its formal nature. Cost: $5 court cost plus attorney fees. Governed by Tex. Civ. Prac. & Rem. Code Chapter 63 and Part VI, Section 4 of the Texas Rules of Civil Procedure.
Step 4 — Turnover Order (Hard-to-Reach Assets)
Available after judgment is signed. A Turnover Order is a court order reaching property that is difficult to access through ordinary process and that is not otherwise exempt — for example, ownership interests that cannot be directly levied. An attorney is generally required for this remedy as well.
What Happens If the Defendant Pays Voluntarily
If the defendant pays off the judgment at any point after the suit is filed, notify the court clerk immediately so the case can be properly closed. If an Abstract of Judgment has already been recorded with the County Clerk, you must also file a Release of Judgment with that same County Clerk to clear the lien from the defendant’s property records.
Locating the Defendant’s Assets
Texas Justice Courts do not have a standardized debtor examination form in every precinct the way California does with Form SC-134. Ask your specific precinct clerk whether a post-judgment discovery or examination procedure is available locally. In the meantime, county property records (for the Abstract of Judgment) and any bank information you already have from the underlying transaction are your most direct paths to enforcement.
Appeals in Texas Small Claims Court
| Detail | Rule |
|---|---|
| Who can appeal | Either party |
| Deadline | 21 days from the date the judgment is signed — not the hearing date |
| Where it goes | County Court |
| Type of review | De novo — a completely new trial |
| Bond or deposit | May be required — confirm with the Justice Court clerk |
Because Texas judges sometimes take days to sign a judgment after the hearing, always confirm the exact signed date with the clerk rather than assuming it matches your hearing date. Missing the 21-day window because of this gap is a common and entirely avoidable mistake.
Texas Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004 |
| Oral contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004 |
| Property damage | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
Texas’s 4-year period for both written and oral contracts is notably plaintiff-friendly — many states cut the oral contract period significantly shorter than the written contract period, but Texas treats them the same.
Frequently Asked Questions — Texas Small Claims Court
What is the small claims limit in Texas in 2026?
Texas Justice Court handles civil claims up to $20,000 under Texas Rules of Civil Procedure 500-510 — one of the highest small claims limits in the country. If your claim exceeds $20,000, you must either reduce it and permanently waive the excess, or file in County or District Court.
Can I garnish wages after winning a small claims case in Texas?
No. Texas wages are exempt from garnishment for consumer debts under the Texas Constitution, Article 16, Section 28. This is one of only a handful of states with a near-total wage garnishment exemption. Bank accounts are not exempt and can be reached through a Writ of Garnishment.
Do I need an attorney to garnish a bank account in Texas?
Yes, typically. A Writ of Garnishment is technically a separate lawsuit against the defendant’s bank, and most Texas Justice Courts require attorney representation for this specific proceeding. Budget for this cost if bank levy is your main collection strategy.
How much does it cost to file small claims court in Texas?
Filing fees run $25 to $54 depending on the county and claim amount. Service costs $10–$15 by certified mail or $30–$80 by constable. Total upfront cost typically runs $100 to $250.
How do I serve the defendant in Texas?
Service is handled by the county constable (personal delivery) or by certified mail under Texas Rule of Civil Procedure 21a. The defendant then has 14 days after service to file an answer (adjusted for weekends and holidays).
What is the statute of limitations for small claims in Texas?
Written and oral contracts: 4 years under Tex. Civ. Prac. & Rem. Code § 16.004. Property damage and personal injury: 2 years under Tex. Civ. Prac. & Rem. Code § 16.003.
How do I collect a judgment in Texas small claims court?
Abstract of Judgment ($5 per defendant per county) creates a 10-year real property lien and is available 10 days after the judgment is signed. Writ of Execution ($125–$180) authorizes seizure of non-exempt property and is available 31 days after judgment. Writ of Garnishment reaches bank accounts but typically requires an attorney. The court itself does not collect on your behalf.
Can either party appeal a Texas small claims judgment?
Yes. Either party may appeal within 21 days of the date the judgment is signed — not the hearing date. The appeal goes to County Court for a completely new (de novo) trial. A bond or cash deposit may be required.
What happens if the defendant does not answer within 14 days?
If the defendant fails to answer by the deadline on the citation, you may request a default judgment. You will typically still need to appear and briefly present proof of your claim to the judge.
Can I sue someone in another state from a Texas Justice Court?
Generally you must file where the defendant resides or where the dispute occurred. If the dispute arose in Texas — a contract performed here, an accident that happened here — Texas courts may retain jurisdiction even over an out-of-state defendant. Confirm venue with the specific precinct clerk before filing.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- How to Respond If You Are Being Sued
- Small Claims Filing Fees — All 50 States
- Browse All 50 State Guides
Sources
- Texas Rules of Civil Procedure 500-510 (Justice Court Rules)
- Texas State Law Library — Small Claims Guide: guides.sll.texas.gov/small-claims
- Texas Justice Court Training Center — Filing a Small Claims Case: tjctc.org
- Texas Constitution, Article 16, Section 28 (Wage garnishment exemption)
- Tex. Civ. Prac. & Rem. Code § 16.004 (4-year SOL — written and oral contracts)
- Tex. Civ. Prac. & Rem. Code § 16.003 (2-year SOL — property damage, personal injury)
- Tex. Civ. Prac. & Rem. Code Chapter 34 (Writ of Execution)
- Tex. Civ. Prac. & Rem. Code Chapter 63 (Writ of Garnishment)
- Texas Property Code Chapter 42 (Property exempt from seizure)
- Tex. Fin. Code § 304.003 (Post-judgment interest — 5%)
- Rule 500.9 Texas Rules of Civil Procedure (Discovery — requires court approval)
- Smith County, TX — Justice of the Peace Civil Cases: smith-county.com
