You can file a small claims case in Texas online through eFileTexas.gov, the state’s official electronic filing portal, but only if the Justice of the Peace court handling your case has opted into the system. Confirm participation first, then upload your Small Claims Petition, pay the filing and service fees, and choose how the defendant will be served. Claims up to $20,000 qualify.
First, Confirm Your JP Court Accepts E-Filing
This is where filers most often get tripped up. E-filing is mandatory for attorneys in Texas district and county courts, but Justice of the Peace courts run on a different rule: each individual JP decides whether to accept electronic filings.1eFileTexas.Gov. Official E-Filing System for Texas A JP court that hasn’t opted in will reject an online submission, and you’ll have to file in person.
Under the statewide rules, a “participating justice of the peace court” is one that has set up an account with the state system and notified the county clerk of its participating status.2Supreme Court of Texas. Statewide Rules Concerning the Electronic Filing and Service of Documents in Participating Justice of the Peace Courts Before you prepare anything, call the JP court in the precinct where you plan to file, or check the eFileTexas.gov site for a list of participating courts.
Make Sure Your Claim Fits
Justice of the Peace courts in Texas hear civil matters where the amount in dispute is $20,000 or less, not counting interest.3State of Texas. Texas Government Code 27.031 – Jurisdiction That ceiling covers the principal amount you’re claiming; interest and court costs get added to the final judgment separately and don’t count against the cap.
Most filers use this court for unpaid debts, security deposit disputes, breach of contract claims, and property damage under the dollar limit. If your claim exceeds $20,000, you’ll need county court at law or district court instead, which involves more formal procedures. The JP court system is designed for self-represented parties, with relaxed evidence rules and simplified procedures.
What to Gather Before You Log In
The core document is the Small Claims Petition, your formal request asking the court to award you money or property. The Texas Justice Court Training Center provides standardized petition forms on its website, and many individual county JP sites offer them too.4Texas Justice Court Training Center. Filing a Small Claims Case Download the form before you start so you know what information the court expects.
You’ll need:
- The defendant’s full legal name and physical address. The address determines which precinct has jurisdiction, and an incorrect one delays service and can get your case dismissed.
- The dollar amount claimed. The court uses this to verify the claim falls within the $20,000 limit.
- A brief, plain-language description of why the defendant owes you money. No legal citations are needed. Just explain what happened.
Suing a business? You need the entity’s exact legal name and its registered agent, the person designated to receive legal documents. You can look this up through the Texas Secretary of State’s office online; the results show the registered agent’s name and address, where you’ll direct service.
If you can’t afford the fees, Texas courts offer a Statement of Inability to Afford Payment of Court Costs.4Texas Justice Court Training Center. Filing a Small Claims Case Filing it asks the court to waive filing and service costs. The other side can contest it, and the judge decides.
Filing Through the eFileTexas Portal
Once your court is confirmed and your paperwork is ready, submission happens through eFileTexas.gov.
Start by creating an account. During setup, you’ll select an Electronic Filing Service Provider (EFSP), the intermediary between you and the court’s filing system. Several certified providers are listed on the site.5Fayette County Court. E-Filing FAQ Some charge a small convenience fee on top of the court’s filing fee, so compare pricing before committing.
After logging in, select the correct county and precinct where the defendant lives or where the dispute arose. This routes your case to the right JP. Upload your completed petition as a PDF. The system requires PDF format and won’t accept Word documents or unconverted image scans.5Fayette County Court. E-Filing FAQ Make sure the file is legible; blurry documents are one of the most common reasons clerks reject a filing.
During the filing process, you’ll choose how the defendant gets served, either through a county constable or a private process server. The portal collects payment for the filing fee and service fee together. After reviewing everything, submit. The system generates a confirmation number you can use to track case status.
What It Costs
Expect to pay roughly $54 for the filing fee itself, though the exact amount varies slightly by county.6Bexar County, TX – Official Website. Filing Fees Constable service fees for delivering the citation to the defendant typically run between $75 and $100 per defendant.7Hays County Constable Fees. Hays County Sheriff and Constable Fees Two defendants means paying the service fee twice. A private process server may charge differently.
Add any EFSP convenience fee, and most filers should budget somewhere between $130 and $200 to get a single-defendant case filed and served. If you win, you can ask the judge to add these costs to the judgment so the defendant reimburses you.
What Happens After You Submit
The system sends an automated confirmation email when your filing goes through. That’s not acceptance. It only means the court received your documents. A clerk then reviews the submission, checking that paperwork is complete, fees went through, and documents are properly formatted. Filings can be returned for correction for insufficient fees, incorrect information, wrong court location, illegible documents, or improper formatting.8eFileTexas.gov. Frequently Asked Questions If a filing is returned, any fees you paid are refunded, and you can fix the issue and resubmit.
Review usually takes one to three business days. Once the clerk accepts the filing, the court issues a citation, the official notice telling the defendant they’re being sued. The citation goes to the constable or process server you chose, who then personally delivers it. The defendant has until the end of the 14th day after being served to file a written answer.9Texas State Law Library. Filing an Answer – Small Claims Cases If the 14th day falls on a weekend or legal holiday, the deadline extends to the next business day.
Watch your email for updates from the court. Eventually the court schedules a hearing date where both sides present evidence. If the defendant never answers or shows up, you may be able to obtain a default judgment, but it isn’t automatic. You still need to appear and present your case.
If Things Don’t Go Your Way
Either side can appeal a small claims judgment. You have 21 days after the judge signs the judgment to file an appeal by posting a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court.10Harris County Justice of the Peace. Texas Rules of Civil Procedure Part V – Rule 506 Miss that 21-day window and you lose your right to appeal. If you’re the plaintiff, the bond is $500; if you’re the defendant, the bond equals twice the judgment amount. The appeal goes to county court and is heard as a trial de novo, a fresh trial where both sides start over.