A Texas justice of the peace court is the local trial court in each county precinct that hears civil disputes up to $20,000, eviction suits, and Class C misdemeanor charges, and it’s designed to work for people who don’t have lawyers. For most Texans with a small dispute, an unpaid debt, a landlord-tenant fight, or a traffic ticket, this is the courthouse they’ll deal with.
What Cases a JP Court Handles
Justice courts have original jurisdiction over civil disputes where the amount in controversy is $20,000 or less, not counting interest. That covers small claims between individuals, debt collection suits filed by creditors, and repair-and-remedy claims tenants bring against landlords. Justice courts also handle foreclosures on personal property liens when the amount falls within the dollar limit.1State of Texas. Texas Government Code Section 27.031 – Jurisdiction
Eviction cases, called forcible entry and detainer suits, are a large share of the workload. The justice court in the precinct where the rental property sits has jurisdiction regardless of the dollar amounts involved.1State of Texas. Texas Government Code Section 27.031 – Jurisdiction These move faster than other civil litigation because the only question is who has the right to possess the property.
On the criminal side, JP courts hear Class C misdemeanors, which are punishable only by a fine of up to $500 with no jail time. Traffic tickets, minor theft under certain thresholds, public intoxication, and disorderly conduct are typical examples.2State of Texas. Texas Penal Code Section 12.23 – Class C Misdemeanor
What a JP Court Cannot Decide
Some disputes stay out of justice court no matter how small the amount. JP courts cannot hear divorces, defamation or slander claims, suits over who owns real property, or cases to enforce a lien on land. They also lack jurisdiction over suits by the state to recover penalties, forfeitures, or escheated property.1State of Texas. Texas Government Code Section 27.031 – Jurisdiction File in the wrong court and your case will be dismissed, and the fees you already paid go with it.
How to File a Case
Filing starts with picking the right precinct. For most civil claims, you file where the defendant lives or where the dispute occurred. For evictions, you file where the rental property is located. Filing in the wrong precinct gives the defendant grounds to get the case thrown out.
You’ll need the defendant’s full legal name and current address so the court can process service. The petition itself has to describe your claim and state the exact dollar amount you’re seeking, which must be $20,000 or less. Most courts post standardized forms on their website or keep them at the clerk’s office. Texas courts also distinguish between “small claims” (general disputes) and “debt claims” (creditors collecting a specific amount owed under a contract), and the forms and some procedural rules differ, so pick the right petition type.
You must also complete a military-status declaration, which the federal Servicemembers Civil Relief Act requires. It protects active-duty military personnel from having default judgments entered against them while they’re deployed or otherwise unable to respond.3United States Courts. Servicemembers Civil Relief Act
Many Texas counties accept electronic filing through the statewide e-filing system, and in-person filing is available for self-represented parties. Filing fees run about $54 for most case types.4Bexar County, TX. Filing Fees If you can’t afford the fee, submit a Statement of Inability to Afford Payment of Court Costs, and the judge will decide whether to waive it.
Getting the Defendant Served
After you file, the court issues a citation that has to be delivered to the defendant. Texas law allows service by a sheriff, constable, certified private process server, the court clerk via certified mail, or a person at least 18 years old who is authorized by court order.5Texas State Law Library. Serving the Defendant – Small Claims Cases Constable service is the most common choice and typically costs between $75 and $100 per defendant. A plaintiff with an approved fee waiver doesn’t pay service costs out of pocket.
Service has to be completed properly or the case can’t move forward. If the first attempt fails because the defendant can’t be located, you may need to request alternative service, which adds time and sometimes cost.
What the Hearing Looks Like
Justice court hearings are intentionally less formal than proceedings in county or district court. The standard rules of civil procedure and evidence generally don’t apply unless the judge decides a particular rule is needed to keep things fair. The judge can question witnesses directly and call additional witnesses when needed to reach a correct result.6Texas Supreme Court. Texas Rules of Civil Procedure – March 1, 2026 That’s a real advantage for people representing themselves, because the judge helps develop the facts instead of watching a pro se litigant struggle with procedure.
Either side can request a jury trial by filing a written demand at least 14 days before the trial date and paying a $22 jury fee. Miss that deadline and the judge can excuse the late filing for good cause, but don’t count on it. Parties who can’t afford the fee can submit a Statement of Inability to Afford Payment of Court Costs instead.6Texas Supreme Court. Texas Rules of Civil Procedure – March 1, 2026
If a witness won’t attend voluntarily, you can compel their appearance by requesting a subpoena from the court clerk. The subpoena has to be personally served on the witness by a constable, process server, or any non-party adult over 18, and you’re responsible for the witness fee at the time of service. A subpoena can also order the witness to bring specific documents or records.
One feature that surprises people: corporations and other business entities don’t need a lawyer in JP court. An owner, officer, or employee can appear on the company’s behalf.1State of Texas. Texas Government Code Section 27.031 – Jurisdiction That’s the exception in Texas. In county and district courts, a corporation must be represented by a licensed attorney.
If the Other Side Doesn’t Show Up
When a defendant fails to file an answer by the deadline stated in the citation, the judge first verifies that service was done correctly. If it was, the court enters a default judgment. For claims based on a written document the defendant signed, the judge can rule for the plaintiff without a hearing as long as the plaintiff files a sworn statement confirming the document is authentic and the amount owed is accurate. For all other claims, the plaintiff has to appear at a hearing and present evidence of damages before the judge awards anything.6Texas Supreme Court. Texas Rules of Civil Procedure – March 1, 2026
After the judge signs a default judgment, the clerk mails notice to the defendant at the last known address the plaintiff provided. A default isn’t necessarily final. The defendant can file a motion to set it aside if they can show good cause for failing to respond.
Appealing the Decision
A party who loses has 21 days from the date the judgment is signed to file an appeal. The case moves up to the county court at law for a completely new trial. Both sides start over from scratch, so the appeal isn’t a review of whether the JP made a legal error; it’s a full do-over.7Texas State Law Library. Appealing a Case – Small Claims Cases
To perfect the appeal, you have to do one of three things within the 21-day window:
- File an appeal bond. A losing plaintiff files a $500 bond with an approved co-signer (a surety). A losing defendant files a bond equal to twice the judgment amount.
- Deposit cash equal to the required bond amount. If you win the appeal, anything beyond what’s owed comes back to you.
- File a Statement of Inability to Afford Payment of Court Costs asking the court to waive the requirement.
The 21-day clock starts when the judge signs the written judgment, not on the hearing date. Judges sometimes sign a day or two later, so check the document. When in doubt, file sooner.7Texas State Law Library. Appealing a Case – Small Claims Cases
Collecting on a Judgment
Winning and collecting are separate problems. The court doesn’t collect for you. If the losing party doesn’t pay voluntarily, enforcement is on you, and this is where many people who win in JP court get stuck.
The primary enforcement tool is a writ of execution, which authorizes a constable or sheriff to seize the debtor’s non-exempt property and sell it at auction. Sale proceeds go toward the judgment. You can also pursue a writ of garnishment to reach funds in the debtor’s bank account, or seek a turnover order for property that can’t easily be seized through a standard writ.8Texas State Law Library. Writ of Execution – Small Claims Cases
For longer-term collection, you can obtain an abstract of judgment from the justice court and file it with the county clerk in any county where the debtor owns real property. That creates a lien lasting 10 years, attaching to any non-exempt real estate the debtor owns or later acquires in that county. Homestead property is exempt, so the lien won’t force the sale of someone’s primary residence, but it can block the debtor from selling other real property without paying you first.9Texas State Law Library. Judgment Lien – Small Claims Cases
Marriages, Inquests, and the Judge Behind the Bench
Justices of the peace do more than hear cases. They are authorized to perform marriage ceremonies as “state judges” under the Texas Family Code, and couples routinely contact their local JP’s office to schedule a wedding.10State of Texas. Texas Family Code Section 2.202 – Persons Authorized to Conduct Ceremony In counties without a medical examiner, JPs also conduct death inquests, investigating the circumstances when a death is unknown, unnatural, or unattended.
Justices of the peace are elected by voters within their precinct and serve four-year terms.11Justia. Texas Constitution Article 5 Section 18 – Division of Counties into Precincts, Election of Constable and Justice of the Peace A JP does not have to be a licensed attorney.12Texas Secretary of State. Qualifications for All Public Offices 2026 Because the job doesn’t require a law degree, the state requires new justices to complete an 80-hour course in their first year and 20 hours of continuing education each year after that, with at least 10 hours on civil law.13State of Texas. Texas Government Code Section 27.005 – Educational Requirements It’s worth knowing the person on the bench in your case may or may not have a legal background, which is one reason the procedural rules are relaxed and the judge is expected to help develop the facts.