Sue a Contractor in Small Claims: Which Texas Track Fits

Your contractor did the work—or didn't—and now what?

You hired a contractor to redo your bathroom, paid a deposit, and then the work stopped. Or the roof they fixed still leaks. Or they finished the job but you never paid the full invoice. You're thinking: sue contractor small claims. But which court? In Texas, you have two main options: Justice Court for small claims and County Court at Law. The right track depends on the amount you're fighting over and the paperwork you're willing to file.

This guide compares the two tracks and shows you which facts belong in each filing. It's not legal advice—just a map of the road ahead.

Justice Court small claims: up to $20,000

Justice Court in Texas handles civil claims of $20,000 or less, excluding interest and court costs. That's the court most people think of for small claims. You can represent yourself, and the filing process is straightforward.

For this track, you file an original petition plus one copy for each defendant. The format is specific: letter-size paper, 1-inch margins, 12-point font, double-spaced, numbered paragraphs, and a caption with the parties' names and addresses. You sign in ink and include a certificate of service for anything you file after the petition.

If your claim is $20,000 or less, this is likely your court. But check the county's own rules—the limit can vary, and the court's current instructions control.

County Court at Law: for larger claims up to $250,000

If your dispute exceeds $20,000, you may need County Court at Law. That court handles claims up to $250,000, but the limit varies by county and by the basis of the claim. You must verify the county's specific limit before filing.

The filing format is similar but includes an exhibit index when you attach documents. You still need a caption, numbered paragraphs, a signature, and a certificate of service. Self-representation is allowed.

Which facts go in which track? The amount in dispute decides the court. The facts you provide—dates, communications, documents—are largely the same, but the filing format differs slightly.

The facts you need: what goes in each track

Both tracks require the same core facts. You'll provide:

• Your full name and street address, and the respondent's full name and street address.
• The court name, county, and precinct.
• A chronological statement of facts—one numbered paragraph per event, in date order.
• Communication between the parties: who, when, by what means, and the result.
• A list of documents you have, with names, dates, and sources.
• What you want the court to order, stated factually.

For a contractor dispute, that means listing the contract date, the work dates, the defect dates, and any emails or texts. Attach copies of the contract pages you rely on, and number each attachment continuously from 1.

If you expect a default judgment (the respondent doesn't show), you must file a military status affidavit. Without it, the court won't sign a default.

Common mistakes that get your filing rejected

Clerks reject filings for simple reasons. The most common:

• The petition is unsigned. Sign in ink before filing.
• No certificate of service on documents after the petition.
• Attachments not numbered continuously, or an index that doesn't match.
• The caption omits a party's address or the court name.
• The amount exceeds the justice court limit, so you filed in the wrong court.
• Filed in the wrong county or precinct—the events must have happened there, or the respondent resides there.
• No military status affidavit when you request a default.

Avoid these, and your filing will move forward.

Which facts belong in each track: a checklist

Use this checklist to sort your facts:

1. Amount in dispute: Under $20,000? Justice Court. Over $20,000? County Court at Law—check the county limit.
2. Venue: File in the county and precinct where the events happened or where the respondent resides.
3. Petition format: Justice Court—original plus one copy per defendant; County Court—original plus copies, with an exhibit index.
4. Filing fee: The court sets the fee. If you can't pay, file a Statement of Inability to Afford Payment of Court Costs.
5. Certificate of service: For anything after the petition, state when and how you delivered a copy to the other side.

How to prepare your petition step by step

Start with the caption. Include the court name, county, precinct, and the parties' names and addresses. Leave the cause number blank—the clerk will assign it.

Write the statement of facts chronologically. Each paragraph should have a date and describe one event. For example: "On March 3, 2025, I signed a contract with ABC Roofing to repair my roof." Then: "On March 10, 2025, ABC Roofing started work but left the job unfinished."

List your documents. For each, give the name, date, and source—yourself, the other side, or a third party. Attach them numbered continuously, and include an index page.

Finally, state what you want the court to order. Be factual: "I ask the court to order ABC Roofing to pay me $5,000 for the cost of repairing the defective work." Don't add legal arguments.

Where to go for more help

Texas court rules are online. You can read the Texas Rules of Civil Procedure for pleading forms, signing, captions, service, and inability-to-pay affidavits. But remember, rules change—always check the court's current instructions.

For a guided walkthrough, see the small claims preparation flow on this site. You can also browse short procedural guides or learn how the filing process works.

If you're still unsure which track fits, read our overview of small claims tracks in Texas.