How to File a Lawsuit in Texas: Court, Petition, and Service

To file a lawsuit in Texas, you confirm you’re still within the statute of limitations, choose the right court for the amount and type of claim, file an original petition in the correct county, pay the filing fee, and have the defendant formally served with the citation and petition. From there the case moves into the defendant’s answer, discovery, possible settlement, and eventually trial. The specifics shift depending on how much money is at stake and whether you have a lawyer, but the sequence is the same across Texas civil courts.

Confirm You Still Have Time to Sue

Before anything else, check that the deadline for your type of claim hasn’t passed. Texas statutes of limitations are strict, and missing yours almost always means dismissal. The clock usually starts on the date the injury, breach, or other triggering event occurred.

The most common deadlines under the Texas Civil Practice and Remedies Code are:

One year for defamation (libel and slander) and malicious prosecution.
Two years for personal injury, wrongful death, property damage, product liability, and trespass.
Four years for breach of contract, fraud, breach of fiduciary duty, and debt collection on an account.

Professional malpractice claims carry a two-year deadline from the date the malpractice occurred, with a hard outer limit of ten years.¹

Texas courts can pause the clock in narrow situations, such as when the plaintiff is a minor, when the defendant evades service by leaving the state, or when the injury was hidden and could not reasonably have been discovered earlier. These tolling exceptions are limited and should not be relied on without legal advice.²

Pick the Right Court

Texas has three main levels of trial court for civil cases, and the right one depends mainly on how much money is in dispute and what you’re asking for.

Justice Court

Justice courts handle civil cases where the amount in controversy is $20,000 or less, including attorney fees but excluding interest and court costs. They use simplified procedures and are where most self-represented plaintiffs end up. Justice courts can only award money. They cannot order someone to do or stop doing something, and they cannot hear divorce cases, defamation suits, or disputes over title to land.³⁴

County Courts at Law

Statutory county courts at law handle a broad range of civil matters, with monetary jurisdiction that varies by county. Many share jurisdiction with district courts for cases up to $100,000, while some counties set the ceiling at $250,000, at $1 million, or have no dollar limit at all. These courts also hear appeals from justice courts and landlord-tenant disputes.⁵

District Court

District courts are the general-jurisdiction trial courts, with no maximum dollar limit. They hold exclusive jurisdiction over divorce, suits for title to land, contested elections, and defamation. In counties that also have statutory county courts, district courts have exclusive jurisdiction when the amount in controversy is $200,000 or more.⁶

File in the Right County

Venue is the specific county where the case belongs. The rules are set out in Chapter 15 of the Texas Civil Practice and Remedies Code. The general rule is that a lawsuit should be filed in the county where the defendant resides, where the events giving rise to the claim occurred, or where a contract was to be performed.⁷

Some case types have mandatory venue rules that override the general ones. Suits involving interests in real property must be filed in the county where the land is located. Suits against a county must be filed in that county. When a mandatory venue statute outside of Chapter 15 governs, it generally takes priority over the provisions inside Chapter 15.⁸

Justice court cases have their own venue rule: the plaintiff must file in the county and precinct where the defendant resides, where the incident occurred, where the contract was to be performed, or where the property is located. If the defendant is out of state or cannot be found, the plaintiff may file where the plaintiff resides.⁹

Filing in the wrong county doesn’t automatically kill a case, but the defendant can challenge venue early in the litigation. A motion to transfer venue must generally be filed before any other responsive document, or the objection is waived. In justice court, a defendant has 21 days after filing an answer to raise a venue challenge.⁷

Draft the Petition

A Texas civil lawsuit begins when the plaintiff files an “original petition” with the court clerk. The petition tells the court and the defendant what the case is about. Under Rule 47 of the Texas Rules of Civil Procedure, it must include a short statement of the cause of action that gives fair notice of the claim, plus a statement that the damages sought fall within the court’s jurisdiction. The petition must also categorize the monetary relief being sought into one of four tiers: $250,000 or less; $250,000 or less plus non-monetary relief; over $250,000 but not more than $1 million; or over $1 million.¹⁰

Beyond the cause of action and damages tier, a petition should include the names, addresses, and contact information of the parties, the basis for the court’s jurisdiction, and a “prayer for relief” stating what the plaintiff is asking the court to award. It must identify which discovery control level applies. Every averment should be organized into numbered paragraphs, and any items of special damage must be specifically stated.¹⁰

The petition must be signed by the plaintiff’s attorney, or by the plaintiff personally if they are self-represented. That signature certifies the pleading isn’t groundless or filed in bad faith.

Justice courts use simplified forms. The Texas Justice Court Training Center publishes a standard small claims petition, and eFileTexas.gov offers a guided interview that generates the necessary documents based on the filer’s answers.¹¹

File the Petition and Pay the Fee

Attorneys are required to e-file civil cases in district courts, county courts, and appellate courts through eFileTexas.gov. Self-represented litigants are not required to e-file under Texas Rule of Civil Procedure 21(f)(1), though they are encouraged to do so, and some local courts have their own rules requiring it.¹²¹³

To e-file, you create a free account on eFileTexas.gov or use one of the authorized Electronic Filing Service Providers. The lead document (the petition) must be uploaded as a text-searchable PDF and signed before uploading. Sensitive data like Social Security numbers must be redacted. If a filing is rejected by the clerk, you generally have 72 hours to correct the problem and resubmit without losing the original filing date. People without a computer or internet access can use virtual court kiosks provided by the Texas Legal Services Center or computers at public libraries.¹³

For paper filings in justice court, the Texas State Law Library recommends contacting the specific Justice of the Peace office to confirm local procedures and accepted payment methods, which vary by precinct. Most courts accept cash, money orders, and company checks but not personal checks.⁹

What It Costs

Filing fees depend on the court and vary somewhat by county. The statewide required fees for a new civil case in district court are $137 (state consolidated fee) plus $213 (local consolidated fee), totaling $350. Subsequent filings in the same case cost $80. Service of the citation on the defendant adds more: in Tarrant County, for example, the issuance fee is $8 and the constable service fee is $98, bringing the per-defendant service cost to $106.¹⁴¹⁵

Justice court is cheaper. In Bexar County, the filing fee for a small claims or debt claim petition is $54, with a $92 service fee per person served by constable. A jury trial demand in justice court costs $22.¹⁶

If You Can’t Afford the Fees

Filers who cannot afford court costs can submit a “Statement of Inability to Afford Payment of Court Costs,” governed by Texas Rule of Civil Procedure 145. The form asks about household income, government benefits, dependents, and expenses. Eligibility exists if you receive means-tested government benefits such as food stamps, Medicaid, SSI, or public housing, if you are represented by a free legal aid provider, or if paying court fees would leave you unable to cover basic household needs.

An approved waiver covers filing fees, service of process by a constable or sheriff, copy fees, and fees for court-appointed professionals like interpreters. It does not cover private process servers or newspaper publication costs, though clerks may post notice on the state website instead.¹⁷

Serve the Defendant

After the petition is filed, the court clerk issues a citation. That citation, along with a copy of the petition, must be formally delivered to the defendant. This step is called service of process, and no judgment can be entered against a defendant who was never properly served.¹⁰

Under Rule 103, process may be served by a sheriff, constable, a person certified under a Texas Supreme Court order, or any person at least 18 years old who is authorized by a written court order. A party to the lawsuit cannot serve the papers. Service by certified or registered mail must be handled by the court clerk.¹⁸

The two standard methods under Rule 106 are personal delivery to the defendant and mailing by certified or registered mail with return receipt requested. If those methods fail, the plaintiff can ask the court to authorize substituted service, which might include leaving the papers with someone at least 16 years old at the defendant’s residence or, under the 2020 amendments, service by email, social media, or other electronic means the court finds “reasonably effective.”¹⁹

When a defendant cannot be located at all, the court may authorize service by publication. In justice court cases, that means publishing the citation in a newspaper and posting it on the state’s TOPICs website.²⁰

After service is completed, a “Return of Service” must be filed with the court documenting how and when the defendant was served.

What Happens After Service

Once served, the defendant must file an answer by 10:00 a.m. on the Monday following the expiration of 20 calendar days from the date of service. If the 20th day itself falls on a Monday, the deadline rolls to the following Monday. If that Monday is a legal holiday or a day the clerk’s office is closed, the deadline moves to the next business day.²¹

There is no fee to file an answer. The answer typically contains a “general denial,” which puts the burden on the plaintiff to prove every element of the claim. The defendant may also raise specific affirmative defenses, and can file a separate counter-petition to assert claims back against the plaintiff.

If the defendant misses the deadline, the plaintiff can ask the court for a default judgment, essentially winning without a contest. The 10:00 a.m. cutoff is strictly enforced. In one case, a plaintiff obtained a default judgment for over $3 million at 10:15 a.m. on the deadline Monday because the defendant’s answer had not yet been filed.²¹

A default judgment is not automatic. The plaintiff still has to prove damages, usually at a prove-up hearing with testimony or sworn statements. In justice court, the judge may enter a default judgment without a hearing if the written evidence attached to the petition is sufficient. If the plaintiff fails to prove damages, the court must rule for the defendant.²²

If the defendant appears or files an answer at any point before the default judgment is signed, the court cannot enter the default and must set the case for trial.

What Comes Next

Once the defendant has answered, the case moves into its longer phases.

Discovery is the formal exchange of information and evidence through written questions (interrogatories), document requests, requests for admission, and depositions. It is often the longest phase, commonly lasting six months to over a year. Texas uses three discovery control levels, with Level 1 applying to expedited cases seeking $250,000 or less and Level 2 covering most other cases. The petition must state which level applies. Before any formal discovery begins, both sides must exchange initial disclosures within 30 days after the first answer is filed, identifying people with relevant knowledge, supporting documents, and the computation of damages.²³²⁴

Mediation and settlement can happen at any point. Under the Texas Alternative Dispute Resolution Act (Civil Practice and Remedies Code, Chapter 154), courts can refer pending cases to mediation and other nonbinding procedures on a party’s motion, by agreement, or on the court’s own initiative. A written mediated settlement is enforceable as a contract. Many cases resolve this way before trial.²⁵²⁶

Pretrial motions can narrow or end the case. The most consequential is a motion for summary judgment under Rule 166a: a “traditional” motion argues there is no genuine dispute about any material fact, while a “no-evidence” motion argues the other side lacks evidence on an essential element and may only be filed after adequate time for discovery.¹⁰

Trial. Civil cases in Texas are tried to a judge unless a party files a written jury demand and pays a $10 fee under Rule 216. In justice court, the request must be made at least 14 days before the trial date.¹¹ Getting a trial date can take several months to a year or more after discovery closes. Straightforward expedited cases can finish in under a year; complex multi-party cases routinely take two years or longer from filing to trial.

If You Need the Court to Act Immediately

When waiting for the normal litigation process would cause real harm, you can ask for a temporary restraining order. Under Texas Rule of Civil Procedure 680, the applicant must show that immediate and irreparable harm will occur before the other side can be notified and a hearing held. A TRO lasts no more than 14 days and must include a date for a hearing on a temporary injunction, which can stay in place through the rest of the litigation.

Help for People Filing Without a Lawyer

Texas has relatively few standardized court forms compared to some states, which makes self-representation harder. The most useful starting points are:

TexasLawHelp.org provides free legal forms for common filings, a legal help directory, and step-by-step guides.
The Texas State Law Library (sll.texas.gov) maintains research guides, a catalog of form books, and a directory of law libraries. Staff cannot help fill out forms but can point users toward the right resources.
eFileTexas.gov guided interviews generate forms for certain case types, including small claims, divorces, and name changes.
The Texas Justice Court Training Center (tjctc.org) publishes simplified forms and information packets for justice court plaintiffs and defendants.

For anything beyond a straightforward small claims matter, the Texas State Law Library recommends finding an attorney to at least review your documents. Many local bar associations maintain lawyer referral services, and legal aid organizations provide free representation to qualifying low-income Texans.²⁷

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2
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3
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4
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8
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11
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14
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15
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16
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17
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18
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19
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20
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21
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22
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23
South Texas College of Law Houston. Rule 190.2
24
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25
University of Texas School of Law. Texas ADR Statutes
26
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27
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