To file a case in Texas Justice of the Peace court, you submit a written petition to the clerk of the correct precinct, pay a $54 filing fee plus $100 per defendant for service of process, and then wait for the court to issue a citation that gets delivered to the person you’re suing.1Texas Office of Court Administration. Fees for Justice Courts Effective 01/01/2026 JP court is built for people handling their own disputes without a lawyer, and the rules in Part V of the Texas Rules of Civil Procedure are deliberately simpler than what you’d face in county or district court. The process still has firm deadlines and a few traps, so knowing the sequence before you walk into the clerk’s window matters.
Confirm Your Case Belongs in JP Court
Justice Courts have original jurisdiction over civil matters where the amount in controversy does not exceed $20,000, not counting interest and court costs.2State of Texas. Texas Government Code Chapter 27 – Justice Courts That cap covers debt claims, contract disputes, personal property damage, repair-and-remedy cases, and foreclosures on personal property liens within the same limit. If your total damages exceed $20,000, you need county or district court instead.
Evictions, formally called forcible entry and detainer suits, also belong here regardless of the dollar amount in dispute. A landlord can join unpaid rent claims up to $20,000 with the eviction itself, which avoids a second lawsuit.
One boundary worth naming: Justice Courts handle Class C misdemeanors and some administrative hearings under Chapter 521 of the Transportation Code, but driver’s license revocation hearings tied to DWI arrests go to the State Office of Administrative Hearings, not to the JP.
File in the Right Precinct
Filing in the wrong precinct is one of the fastest ways to lose a case before it starts. The default rule is that you file in the county and precinct where the defendant lives.3State of Texas. Texas Civil Practice and Remedies Code Chapter 15 – Venue If the defendant doesn’t live in Texas or you genuinely don’t know their address, you can file where you live.
Several case types have their own venue rules that override the default:
- Evictions must be filed in the precinct where the rental property sits.
- Contract disputes can be filed where the contract was supposed to be performed.
- Consumer debt suits can only be filed where the contract was signed or where the defendant lives.
- Injury claims can be filed in the precinct where the injury happened.
- Lawsuits against businesses can be filed where the cause of action arose, where the company has a local office, or where its principal office is located.
If you file somewhere other than where the defendant lives, your petition has to spell out which exception applies and why the venue you chose is proper. In a precinct with more than one Justice of the Peace, you can file before any of them.
Gather What You Need Before Filing
Three things need to be in hand before you draft the petition: the defendant’s full legal name and current physical address, a precise calculation of your damages, and documents supporting the claim. The name and address let the court issue and serve the citation. If you’re suing a business, use its legal entity name rather than the trade name on the storefront.
Your damages figure should be exact. Add up every invoice, receipt, repair estimate, or unpaid balance that proves the amount owed. Confirm the total stays under $20,000 excluding interest and costs.
Most JP courts provide a standard petition form at the clerk’s window or on their website. The form asks what happened, when it happened, and why the defendant owes you money or other relief. Attach copies of the contracts, invoices, photographs, text messages, or other records that back up your account. If your claim relies on business records such as account ledgers or billing statements, prepare a business records affidavit so the documents can come into evidence at trial without having to call the person who created them as a witness.
If the filing and service fees are out of reach, submit a Statement of Inability to Afford Payment of Court Costs. This sworn form covers your monthly income, expenses, and any government assistance you receive. If the court accepts it, your fees are waived.
Submit the Petition and Pay the Fees
Take the completed petition to the Justice Court clerk. Many JP courts accept filings in person at the clerk’s window, and some have enabled filing through the statewide eFileTexas portal. E-filing is not required in JP courts the way it is in district and county courts, and not every JP court participates, so check with your local court before assuming you can file online.4eFileTexas.Gov. Official E-Filing System for Texas
The filing fee is $54, and service of process is $100 per defendant.1Texas Office of Court Administration. Fees for Justice Courts Effective 01/01/2026 Two defendants means $254 before the court sets a hearing. These fees are recoverable if you win, meaning the judge can add them to the judgment amount, but you pay them up front.
Service and the Defendant’s 14-Day Answer Window
Once the clerk dockets the case, the court issues a citation that has to be formally delivered to the defendant. Service is handled by a county constable or a certified private process server. The case cannot move forward until service is complete. If the constable can’t locate the defendant, the citation comes back unserved, and you’ll need a better address or an alternative service order from the court.
After service, the defendant has until the end of the 14th day to file a written answer. If that day falls on a weekend or legal holiday, the deadline moves to the next business day. The answer is where the defendant disputes your claims, raises defenses, or files a counterclaim seeking money from you. A counterclaim is still bound by the same $20,000 jurisdictional limit.5Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 500.2
When the Defendant Doesn’t Respond
If the 14-day window closes with no answer, you can ask the judge for a default judgment. The judge first checks that service was done correctly. What happens next depends on the type of claim:6Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 503.1
- If your claim rests on a signed written document and you filed a copy of it along with a sworn statement that the copy is accurate and the amount owed accounts for all payments and credits, the judge can enter judgment for the full amount without a hearing.
- For every other type of claim, you request a hearing, appear, and prove your damages. If you prove them, you win. If you can’t, the judge rules for the defendant even though they never showed up.
After the judge signs the default judgment, the clerk mails written notice to the defendant at the last known address you provided. A defendant who files an answer any time before the judge actually signs the default stops the process, and the case is set for a regular trial.
Preparing for Trial
Discovery in JP court is restricted. You have no automatic right to demand documents, written questions, or depositions from the other side. Any pretrial discovery request has to be submitted to the judge by written motion, and the judge decides whether it’s reasonable and necessary before allowing it.7Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 500.9 You can’t serve requests on the other party until the judge signs an order approving them, and ignoring a discovery order can draw sanctions, including dismissal.
Because of those limits, gather your own evidence before filing. Pull contracts, invoices, photos, repair estimates, and correspondence into chronological order. Ask witnesses whether they’ll appear at trial or sign a written statement.
Settlement is encouraged, and the judge can order either side into mediation at any point. If you reach a deal, put it in writing, have both sides sign, and file it with the court. Under Rule 11, settlement agreements touching a pending suit are only enforceable if they’re in writing and filed in the court record, or made in open court on the record.8Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 11 An oral handshake agreement has no teeth.
The Trial Itself
JP trials run on the simplified rules in Part V of the Texas Rules of Civil Procedure. The formal rules of evidence that apply in district court don’t apply automatically here. The judge decides on a case-by-case basis whether a particular evidentiary rule is needed to keep things fair.9Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 500.1 That doesn’t mean anything goes; irrelevant testimony still gets excluded.
You can choose a bench trial, where the judge alone decides, or request a jury. For a jury, file a written demand at least 14 days before the trial date and pay a $22 jury fee at the same time. Without a jury request from either side, the judge hears the case alone.10Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 504.2
The plaintiff goes first. You present your testimony, walk the judge through your documents, and call your witnesses. The defendant cross-examines after each one. Then the defendant puts on their case, and you cross-examine. Keep the presentation focused on what the defendant did or failed to do, how it harmed you, and exactly what you’re owed. A tight, organized case fares better than a stack of unsorted papers.
If You’re Filing an Eviction, the Timeline Is Different
Eviction suits move faster than regular civil cases and have their own prerequisites. Before filing, the landlord must give the tenant at least three days’ written notice to vacate unless the lease specifies a different notice period.11State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits If the issue is unpaid rent and the tenant was current previously, the notice must give the option to pay the overdue amount or vacate. Only after the notice period expires without compliance can the eviction petition be filed.
Hearings in eviction cases are set quickly. The appeal deadline is also compressed: a party appealing an eviction judgment has just five days after it’s signed to file, compared to 21 days for other civil cases.
Challenging the Outcome
Motion for New Trial
Before formally appealing, you can ask the same judge to redo the case through a motion for new trial. The deadline is 14 days after the judgment is signed, and you must serve a copy on the other side by the next business day. The judge can grant it if justice wasn’t done the first time around. Only one new trial per side is allowed, and if the judge hasn’t ruled by 5:00 p.m. on the 21st day after the judgment was signed, the motion is automatically denied.12Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 505.3
Appeal to County Court
If the motion fails or you skip it, you can appeal to the County Court at Law within 21 days after the judgment is signed, or within 21 days after a motion for new trial is denied, whichever is later. To file, you need either an appeal bond or a Statement of Inability to Afford Payment of Court Costs.13Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 506
A plaintiff appealing posts a $500 bond. A defendant appealing must post a bond equal to twice the judgment amount. Both require sureties approved by the judge. The appeal produces a trial de novo in the county court, meaning the case starts from scratch as if the JP trial never happened. Both sides can present new evidence, call different witnesses, and raise arguments they didn’t make the first time.
Collecting After You Win
Winning a judgment and getting paid are two different things. The court doesn’t collect for you. If the losing side doesn’t pay voluntarily, several post-judgment tools are available.
A writ of execution directs a constable or sheriff to seize the debtor’s non-exempt personal property and sell it at public auction. You generally can’t request one until 30 days after the judgment is signed.
A writ of garnishment reaches assets held by third parties, most often bank accounts, when the debtor doesn’t have enough physical property to satisfy the judgment. Current wages, workers’ compensation benefits, and government assistance funds are protected from garnishment.
An abstract of judgment, obtained from the JP court and filed with the county clerk in the county where the debtor owns real property, creates a lien that lasts 10 years. Homestead property is exempt from judgment liens, so this works best when the debtor owns rental property, vacant land, or a second home.14Texas State Law Library. Judgment Lien
If you don’t know what the debtor owns, post-judgment discovery lets you find out. Unlike pretrial discovery, you don’t need the judge’s permission to send requests. The debtor has at least 30 days to respond, and the judge rules on any objections.7Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 500.9 This is often the practical first step when you win against someone whose finances are unknown.
Don’t Miss the Deadline to File
Every claim has a filing deadline, and missing it means losing the right to sue no matter how strong the facts are. For most JP court disputes, Texas allows four years from the date the cause of action arose. That four-year window covers breach of written contracts, oral agreements, open accounts, and credit card debt. Property damage claims carry a two-year deadline. Judgments themselves remain enforceable for 10 years and can be renewed, but if you let a writ of execution go dormant for 10 years without renewal, enforcement options disappear until you revive the judgment.