- 01File the petition with a signed original, copies for each party, and the filing fee or a sworn inability-to-pay form.
- 02After judgment, wait 21 days for the appeal window to close before requesting a writ of execution.
- 03Record an abstract of judgment in the county deed records to create a lien on the debtor's real property.
The Invoice That Started It All
Maria Rivera finished the website redesign for a Plano boutique in late September. She sent the final invoice for $4,200 on October 1 with net-15 terms. By Black Friday the boutique had ghosted her emails and the Venmo request sat unopened. Maria needed that money for year-end taxes and a new laptop.
First Steps Before You File
Maria texted the owner twice and sent a formal demand letter by certified mail on November 10. The letter stated the amount, the due date, and a deadline to pay before she filed in justice court. Texas does not require a demand letter for most contract claims, but the letter creates a paper trail the judge can see. She kept the certified mail receipt and a screenshot of the unread texts.
Filing the Petition in Justice Court
Maria drove to the Collin County Justice of the Peace precinct where the boutique operates. She brought the signed original petition, two copies (one for the respondent, one for the court), and the filing fee. The clerk checked the caption for the court name, precinct, both parties' full addresses, and Maria's signature in ink. She also attached the contract pages showing scope and price, numbered as Attachment 1, with an index page. The clerk stamped the cause number and gave her a service packet for the constable.
Service of Process by Constable
Maria paid the constable's service fee and handed over the citation and petition copy. The constable posted the citation on the boutique's front door on November 22 after two failed personal attempts. The constable filed a return of service with the court. Maria filed a certificate of service noting the posting date. Without that certificate, the court cannot move toward a hearing.
The Hearing Day
The court set the hearing for December 16. Maria arrived early with three printed sets of her evidence: the contract, the invoice, the demand letter, the certified mail receipt, and screenshots of the unpaid Venmo request. The boutique owner did not appear. The judge reviewed Maria's documents, asked two questions about the contract terms, and signed a default judgment for $4,200 plus court costs.
What Happens After Judgment in Small Claims Court
The judgment is a court order, not a check. The respondent has 21 days to file a motion for new trial or appeal. If they do nothing, the judgment becomes final. Maria can then request an abstract of judgment to place a lien on real property, or ask the clerk for a writ of execution so the constable can seize non-exempt assets. The court does not collect the money for you.
Enforcement Tools Checklist
- Wait for the appeal deadline to pass (21 days after judgment).
- Request an abstract of judgment from the clerk and record it in the county deed records.
- Apply for a writ of execution directed to the constable.
- Provide the constable with a specific description of assets to levy (bank account, equipment, inventory).
- Attend the constable's sale if property is seized and sold.
Documents to Keep in Your Enforcement File
- Signed judgment with cause number
- Abstract of judgment (certified copy)
- Writ of execution application
- Constable's return on writ
- Records of any payments received
Key Reminders
Rules change and the court's current instructions control. The clerk can confirm the current fee schedule and the exact wording for the abstract of judgment. If the respondent files a motion for new trial, the hearing resets and you must appear again. A judgment is valid for ten years and can be renewed.
Related reading
Check the filing format before you file
See what the court in your region asks for, and what a prepared package contains.
Common questions
How long do I have to wait after the hearing before I can collect?
The respondent has 21 days to file a motion for new trial or appeal. You must wait until that period expires before the judgment becomes final and you can request enforcement tools.
Can the constable take money directly from the business bank account?
Yes, a writ of execution authorizes the constable to levy non-exempt funds in a known bank account. You must provide the bank name and branch location when you apply for the writ.
What if the respondent pays me directly after the judgment?
Accept the payment and file a satisfaction of judgment with the court so the record shows the debt is paid. Keep a written receipt signed by both parties.
Does the court automatically put a lien on the debtor's property?
No. You must request a certified abstract of judgment from the clerk and record it in the county deed records where the debtor owns real estate. The lien lasts ten years and can be renewed.
Official sources
General information about court filing formalities. Not legal advice, and no attorney-client relationship is created. Filing rules change; check the court's current published instructions before you file.