Filing a small claims case in a Texas Justice Court usually runs somewhere between $100 and $300 out of pocket, and that answers most of what people mean when they ask how much small claims court costs in Texas. The two guaranteed expenses are the filing fee you pay the clerk and the fee to have the lawsuit papers delivered to the person you’re suing. Everything else, from jury fees to collection charges, only comes up if your case takes you there. If you win, you can ask the judge to make the losing side pay those costs back.
The Filing Fee
Your case starts when you file a petition with the Justice Court clerk and pay a filing fee. There’s no single statewide number. Each county’s commissioners court sets its own schedule, so the amount depends on the precinct where you file. The Texas Office of Court Administration publishes a range, but the figure at the counter reflects local decisions on optional add-ons.
Before you head to the courthouse, look up the Justice of the Peace court for the precinct where the case belongs. Most courts post current fees online, and a call to the clerk will confirm the number if the site is unclear.
One boundary worth knowing: Justice Courts only handle civil disputes worth up to $20,000, excluding interest and court costs.1State of Texas. Texas Government Code 27.031 – Jurisdiction Anything larger belongs in county or district court, where filing fees and procedures get more expensive.
Serving the Other Side
Once your petition is filed, the defendant has to be formally notified. Texas rules don’t let you deliver the papers yourself. Citation can be served by a sheriff or constable, a process server certified by the Texas Supreme Court, the court clerk by certified mail, or a person 18 or older authorized in writing by the court.2Texas Courts. Texas Rules of Civil Procedure – Rule 501.2
Most filers use the county constable. Constable fees are set locally and typically fall around $75 to $100. The Travis County Constable’s office, for example, charges $90 to serve a citation in Justice Court as of January 2026.3Travis County. Civil Fees Private process servers may charge more but can move faster or work odd hours, which helps when the defendant is hard to find.
Add-On Costs During the Case
The filing fee and service fee are the two unavoidable expenses. A few others can appear depending on how your case unfolds:
- Jury trial fee. Justice Court cases go before a judge unless someone requests a jury. The fee is $22, and the written request has to be filed at least 14 days before the hearing in non-eviction cases. Miss the window without good cause and the option is gone.
- Subpoena service. If a witness won’t appear voluntarily, the court can issue a subpoena and a constable will serve it. The fee tracks the citation fee in most counties. In Travis County it’s $90.3Travis County. Civil Fees
- Copies. The clerk charges a small per-page fee for certified copies of filings or evidence.
None of these are required in every case. A straightforward dispute with both sides present and no jury stays close to filing fee plus service.
If You Can’t Afford the Fees
Texas courts have a formal process for filers who can’t pay. You file a “Statement of Inability to Afford Payment of Court Costs” alongside your petition, listing income, expenses, and any government benefits you receive.4Texas Courts. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
Approval covers the filing fee, service of process, copies, and other court-charged costs. You generally qualify if you receive means-tested benefits like Medicaid, TANF, SSI, food stamps, or public housing; if a legal aid provider represents you for free; or if your income is too low to cover both basic household needs and court fees. Clerks may reference the Federal Poverty Guidelines when evaluating the statement. The other side can contest it, but the court resolves the challenge quickly.
Getting Your Costs Back If You Win
Texas law lets the prevailing party ask the judge to order the losing side to reimburse court costs, including the filing fee, service charges, and other necessary court expenses. The reimbursement isn’t automatic. You have to ask for it when the judge is ruling. Forget to request it and you absorb the costs even after a full win. Judges have discretion over the amount but routinely grant the request.
What an Appeal Costs
Either side can appeal a Justice Court judgment to the county court, where the case is heard from scratch as a trial de novo.5Justia. Texas Government Code Chapter 28 – Small Claims Courts
The deadline is 21 days after the judge signs the judgment. To perfect the appeal, you post a bond or cash deposit. Plaintiffs post $500. Defendants post twice the judgment amount, which climbs quickly on larger claims.6Harris County Justice Courts. Texas Rules of Civil Procedure Part V – Rule 506 If you can’t afford the bond, filing a Statement of Inability to Afford Payment of Court Costs works in its place. The county court also charges its own filing fee, which varies by county. Contact the county clerk before the 21-day window closes so you know what to bring.
Costs of Collecting a Judgment
Winning doesn’t put money in your account. If the losing side won’t pay voluntarily, you become the judgment creditor and have to pursue collection yourself, and this stage is where costs surprise people.
Writ of Execution
The main enforcement tool is a writ of execution, which authorizes a constable to seize and sell the debtor’s non-exempt property, with the proceeds applied to your judgment.7Texas State Law Library. Small Claims Cases – Writ of Execution Constable fees for this work are significant. Travis County charges $240 plus a commission on money actually collected.3Travis County. Civil Fees Harris County charges $185 plus a sliding-scale commission.8Harris County. In Harris County Fees You pay upfront, though the amounts get added to what the debtor owes.
Liens and Garnishment
If the debtor owns real estate, you can record an abstract of judgment with the county clerk to create a lien on non-exempt real property in that county.9State of Texas. Texas Property Code 52.001 – Establishment of Lien Recording fees vary by county and stay relatively small.
A writ of garnishment reaches money in the debtor’s bank accounts, and a turnover order can pull in other assets. Each has its own filing and service fees. In Travis County, serving a writ of garnishment runs about $150.3Travis County. Civil Fees
Post-Judgment Interest
The judgment accrues interest from the date it’s signed. As of early 2026, the post-judgment rate in Texas is 6.75%, recalculated quarterly.10Texas Office of Consumer Credit Commissioner. Interest Rates Check the current figure if collection stretches over months. The interest adds to the original judgment.
A Quick Cost Picture
Rough numbers for each stage, keeping in mind that county-to-county variation is real:
- Filing fee: varies by county; check your local Justice of the Peace court.
- Service of process: roughly $75 to $100 by constable; private servers may charge more.
- Jury trial (optional): $22, requested at least 14 days before the hearing.
- Subpoena service (if needed): similar to citation service, around $90 in many counties.
- Appeal bond: $500 for a plaintiff, twice the judgment for a defendant, waivable for those who qualify.
- Writ of execution (if collecting): $185 to $240 plus commission, depending on the county.
For a straightforward case that resolves at the first hearing, plan on filing fee plus service as your total spend. Costs climb when you need a jury, subpoena witnesses, or chase a debtor who won’t pay after judgment. Treat the first two as certain and the rest as contingencies you’d rather not need.