How to File Small Claims in Texas: Your Paperwork Checklist

Start with the paper, not the panic

You have a dispute under $20,000 and you want to file in Texas justice court. The first thing the clerk will ask for is a complete filing package. If you miss one piece, the clerk may send it back. This guide walks through every document you need, in order, so you can walk in with confidence.

In Texas, justice courts handle small claims up to $20,000, not counting interest and costs. You can represent yourself. The filing fee is set by the court, so check the current schedule before you go. If you cannot afford the fee, you can file a Statement of Inability to Afford Payment of Court Costs instead.

The petition: your story on paper

The heart of your package is the petition. It tells the judge what happened, what you want, and who is involved. The clerk needs one signed original and one copy for each defendant, plus one copy for the court file. That means if you are suing one person, you bring three copies total: the original and two copies.

Format the petition on letter-size paper with 1-inch margins, 12-point Times New Roman, and double spacing. Number each paragraph. At the top, write the court name, the county and precinct, and leave the cause number blank if the clerk has not assigned one yet. Then list the plaintiff and defendant with full names and street addresses.

The caption is not just a formality. The clerk uses it to issue service of process, and the constable needs a physical address to deliver the papers. If you omit an address, service cannot be issued. Double-check that every name and address is spelled exactly as it appears on official documents.

Sign and date: the ink rule

Your petition must be signed in ink. An unsigned pleading is struck, meaning the clerk will not accept it. Sign on the signature line, then print your name, address, and telephone number beneath it. Leave the date line for the day you actually file.

The signature is your verification that the facts are true to the best of your knowledge. It is not a place for a typed name or a digital signature. Use a pen, not a pencil, and make sure the ink is dark enough to copy.

The statement of facts: one event per paragraph

After the caption, write your statement of facts. This is a chronological account of what happened, with one numbered paragraph per event. Start with the earliest date and move forward. For each event, include the date and the amount of money involved, if any. Do not characterize the events legally; just state the facts.

For example, write "On March 3, I paid $500 to the defendant for a used lawn mower" rather than "The defendant breached the contract." The court wants to see the sequence, not your legal theory. Keep each paragraph short and specific.

Communication: show you tried

Next, list every communication between you and the other side. For each contact, write who spoke, when it happened, by what means (phone, email, letter, in person), and what the result was. This shows the judge that you attempted to resolve the matter before filing.

If the other side said they would pay and did not, write that down. If they stopped answering, write that too. The goal is to show the sequence of attempts, not to argue. One paragraph per contact, in date order.

Documents you have: the evidence list

Now list the documents you have that support your claim. For each one, write the name of the document, the date on its face, and where you got it (yourself, the other side, or a third party). Do not describe the contents beyond what you entered.

If your claim rests on a written lease or contract, include a copy of the pages you rely on. Attach these documents to your petition, numbering each attachment continuously starting at 1. On a separate index page, list each attachment by number and name. The clerk will return attachments if the index does not match the pages.

What you ask the court to order

In the final section, state what you want the court to order. Use your own words, as a factual request. For example, "I ask the court to order the defendant to pay me $1,200 for the unpaid invoice." Do not add legal reasons or argue the law.

If you expect a default judgment (because the defendant may not respond), you must also include a military status affidavit for the respondent. The court will not sign a default without it. Check the court's current instructions for the exact form.

The certificate of service: proof you sent it

For any document you file after the petition, you must include a certificate of service. This is a statement that says when and how you delivered a copy to the other side. The certificate must be signed and dated. It is not needed for the initial petition itself, but it is required for everything else.

If you file an amended petition, a response, or any motion, attach the certificate. The clerk will reject filings without it. The certificate must state the date and the manner of delivery, such as by mail, in person, or by email if the court allows it.

Before you file: check the venue and the amount

Before you go to the courthouse, confirm two things. First, you are filing in the county and precinct where the events happened or where the respondent resides. Filing in the wrong place will get your case dismissed. Second, the amount you claim is within the justice court limit of $20,000. If it is higher, you may need to file in a county court at law, which has a higher limit but different rules.

Also, make sure your petition is complete. Review the checklist: signed original, copies for each defendant, filing fee or inability affidavit, correct court name and addresses, numbered paragraphs, and attachments indexed. If you are unsure about any detail, ask the clerk. They can tell you if the form meets the court's current requirements.

Related reading

• Justice Court - Small Claims (Claim up to $20,000)
• Check your court
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