How Do You File a Small Claims Case for a Withheld Deposit in Texas?
File a Small Claims Petition with the Justice Court of the right county and precinct, under Texas Rules of Civil Procedure Rules 500 to 507. The limit is 20,000 dollars, the statewide filing fee is 54 dollars, and service is separate. Here is the process, step by step.
The Texas rule in one table
| Question | Texas rule |
|---|---|
| Court | Justice Court, small-claims case under Texas Rules of Civil Procedure Rules 500 to 507 |
| Dollar limit | 20,000 dollars, excluding statutory interest and court costs but including attorney fees, if any. No individual versus business split |
| Where to file | The county and precinct where the defendant resides, where the incident or most incidents giving rise to the claim occurred, where the contract was to be performed, or, for property recovery, where the property is located. If the defendant is out of state or residence is unknown, file where the plaintiff resides |
| Form | Small Claims Petition. County justice courts supply their own petition forms, and the State Law Library points self-represented filers to the eFileTexas guided interview |
| Filing fee | 54 dollars statewide base. Service by constable or process server is separate and varies by county, so no service figure is stated here |
| Suit deadline | Not stated in this guide. No Texas deposit-suit deadline was verified against the official statute for this guide |
What makes Texas different
Texas gives small claims the highest limit in this directory and the simplest fee. The 20,000 dollar limit counts attorney fees inside the limit but leaves statutory interest and court costs outside it, so a deposit claim plus fees must fit under 20,000 dollars together. There is no individual versus business split to check.
The filing trap in Texas is precinct, not county. Justice Courts sit in precincts inside counties, and Rule 502.4 picks the county and precinct together: defendant residence, incident location, contract performance location, or property location. Filing in the right county but the wrong precinct still files in the wrong court. The State Law Library guide states the venue rule, and the county court supplies the petition form, so confirm both the precinct and the form with the court you file in.
The process, step by step
- Identify the correct county and precinct under Rule 502.4. Defendant residence, incident location, contract performance, or property location, as in the table above.
- Complete the Small Claims Petition. Use the county justice court form, or the eFileTexas guided interview the State Law Library points filers to.
- File it with that Justice Court and pay the 54 dollar filing fee. Service is separate, so budget for the constable or process server on top of the filing fee.
- Arrange service of the petition and citation. The defendant must answer after service.
- Check the deadline that started the dispute. Texas landlords must refund the deposit within 30 days counted from the date you surrender the premises. See Security Deposit Return Deadline in Texas for the rule, and How to Write a Security Deposit Demand Letter for the demand that should precede the filing.
Small claims in the other states
Deposit suits follow the same shape in every state, but the court, the limit, the form, and the fee change at the state line. See How to File a Small Claims Case for a Withheld Deposit in Florida and How to File a Small Claims Case for a Withheld Deposit in New York. For all seven states side by side, see the Small Claims for a Withheld Deposit by State directory.
Source
Court, limit, venue, form route, and fee on this page come from the courts: Texas State Law Library, small claims filing information, Tarrant County Justice Court, small claim cases, and the Texas Office of Court Administration justice court fee schedule. Facts verified 2026-10-25.
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 a lawyer or your state agency.
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