How to File a Small Claim in Harris County, Texas

Which court hears the case

A small claims case in Harris County is a lawsuit in the Justice of the Peace Courts for the recovery of money damages, personal property, or other relief allowed by law. Small claims cases are governed by Rules 500-507 of the Rules of Practice in Justice Courts. The Harris County Justices of the Peace and the clerks of the Justice Courts are not allowed to give legal advice.

The limit

The claim can be for no more than $20,000, or $10,000 if the case was filed prior to September 1, 2020. The figure includes attorney fees, if any, and excludes statutory interest and court costs. Do not carry the pre-2020 $10,000 figure into a current filing.

Which precinct: the venue rule

Venue is the proper county and Justice of the Peace precinct. As a general rule, a suit in Justice Court must be brought in the county and precinct in which the defendant resides; in the county and precinct where the incident that gave rise to the claim occurred; the county and precinct where the contract, if any, that gave rise to the claim was to be performed; or the county and precinct where the property is located if the suit is to recover personal property. That is Rule 502.4.

If there is more than one Justice of the Peace within a precinct, the plaintiff may bring suit in any of the Justice Courts within the precinct. If a plaintiff files in an improper venue, the defendant may file a motion to transfer venue before trial and no later than 21 days after the day the defendant's answer is filed, with a sworn statement naming the specific county and precinct of proper venue.

No precinct-finder tool was verified on the Harris County Justice Courts pages opened for this guide. Use the court listings on the Justice Courts website to identify the precinct court, and confirm the precinct with that court before filing.

The petition

To begin an action, the plaintiff must file a petition in writing stating: (1) the name of the plaintiff; (2) the name, address, telephone number, and fax number, if any, of the plaintiff's attorney, if applicable, or the address, telephone number, and fax number, if any, of the plaintiff; (3) the name, address, and telephone number, if known, of the defendant; (4) the amount of money, if any, the plaintiff seeks; (5) a description and claimed value of any personal property the plaintiff seeks; (6) a description of any other relief requested; (7) the basis for the plaintiff's claim against the defendant; and (8) if the plaintiff consents to email service, a statement consenting to email service and email contact information.

The plaintiff should also include information showing the defendant's usual place of business or residence, or another place where the defendant can probably be found. The plaintiff must provide enough copies of the petition to be served on each defendant; the clerk may make copies for the allowable copying cost.

The Justice Courts forms page lists a "Justice Court Petition" among its civil-case forms, alongside a separate "Debt Claim Petition." This guide therefore names the filing a petition and points to the Justice Court Petition form on that page. An older Harris County civil-forms packet contains a form headed "Small Claims Petition." That older form name is not stated here as the current form, because the current forms page does not list it under that name.

Filing fees: court costs plus service, kept separate

The filing page states that the Justice of the Peace must collect fees for filing a petition, governed by section 118.121 of the Texas Local Government Code, with additional fees for basic civil legal services for indigents under section 51.941 of the Texas Government Code. The dollar figures come from the Harris County Justice Courts schedule titled "Civil Court Costs: Small Claims, Debt Claims, Evictions, and other Civil Proceedings and Harris County Constable Civil Process Service Fees," effective January 1, 2025 and revised January 2025.

For an original petition for all civil matters, including small claims, the schedule lists a $33.00 local consolidated civil fee and a $21.00 state consolidated civil fee, which together are $54.00 in court costs, plus an $85.00 service fee, for a $139.00 total. The service fee is the Harris County Constables' fee and applies to each defendant who must be served. A counterclaim or petition in intervention lists the same $54.00 in court costs with no service fee shown. The jury fee on the same schedule is $22.00.

Secondary pages state conflicting Harris County filing figures, including $34, $49, $54, $65, and $124. None of those figures is carried here. The $54.00 figure that appears on some secondary pages is the court-costs portion only, not the total with service. The $139.00 total is the schedule figure for one original petition with one defendant served by a constable. Confirm the current schedule with the precinct court before filing, because the schedule located for this guide is the January 2025 revision.

Citation and service

When the case has been filed and the filing fee and the service fee have been paid, the clerk will issue a citation and deliver it as directed by the plaintiff. The plaintiff is responsible for obtaining service of the citation, with a copy of the petition attached. The citation may be served by any sheriff or constable, a process server certified under order of the Supreme Court, the clerk of the court if the citation is to be served by certified mail, or a person 18 or older authorized by court order. Citations may be served by personal delivery or by registered or certified mail directed to the defendant, with return receipt requested. For service outside Harris County, contact the constable or sheriff of that county for the service fee and forwarding location.

The defendant's answer

After service, the defendant must file a written answer. The answer is due by the end of the 14th day after the day the defendant was served with citation, with the deadline moving to the next day that is not a Saturday, Sunday, or legal holiday if the 14th day falls on one, and to the court's next business day if the 14th day falls on a day the court is closed before 5:00 p.m. That is Rule 502.5. No judgment may be rendered against a defendant unless the defendant has been properly served.

What this guide does not state

No filing route beyond the filing page's statement is stated here: documents may be filed by personal or commercial delivery, by mail, or electronically if allowed by the court, under Rule 502.1. Individual precinct pages mention eFileTexas, but no county-wide electronic filing rule for small claims petitions was verified on the pages opened, so no single electronic filing route is stated as the route. No advice is given on whether to file, what to claim, or what a case is worth.

For small claims filing in other counties, see the Small-Claims Courts by County directory. To compare courts, limits, forms, and fees by county, use the Small-Claims Court Finder.

Source

Sources: Harris County Justice of the Peace Courts, "Filing Civil Cases" page (limit, petition contents, filing fees statutes, citation, venue, answer deadline); Harris County Justice Courts, "Civil Court Costs" schedule effective January 1, 2025, revised January 2025 (fee figures); Harris County Justice of the Peace Courts, Legal Forms page (Justice Court Petition form listing). Facts verified 2026-11-03. Open flags: the fee schedule located is the January 2025 revision; no 2026 schedule was located. The $34, $49, $65, and $124 secondary fee figures were not verified and are not carried. No precinct-finder tool was verified on the pages opened.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the court.