Small Claims Case Filing Self-Help Legal Information Packet - Plaintiff

Sep 2, 2026

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Self-help legal information packet explaining how to file a small claims case in Texas justice courts. It defines who the plaintiff and defendant are, describes common claim types and limits, and clarifies what cannot be pursued in small claims. The packet outlines filing deadlines through the statute of limitations, explains where to file based on venue, and summarizes initial steps including the petition, civil case information sheet, fees, service requirements, and restrictions on self-service.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages15

Reading Time5 min

AccessFree to download

Filing a Small Claims Case

What is a Small Claims Case?

What Can I File a Small Claims Case For?

What Can I Not File a Small Claims Case For?

Who Do I File a Small Claims Case Against?

When Can I File a Small Claims Case?

Where Do I File a Small Claims Case?

How Do I File a Small Claims Case?

Self-Help Legal Information Packet:Filing a Small Claims Case Self-Help Legal Information Packets are provided for the benefit of justice courts and individuals seeking access to justice through the court system. They do not constitute legal advice, and the court is not responsible for the accuracy of the information contained in the packet. © Texas Justice Court Training Center 2019. TJCTC is a division of Texas State University, and an Educational Endeavor of the Justices of the Peace and Constables Association, funded through a grant from the Court of Criminal Appeals. What is a Small Claims Case? When a person or company feels like someone else owes them money or has personal property that belongs to them, they can come to justice court and file a lawsuit called a small claims case. The person or company who files the case is called the plaintiff and the person or company they file the case against is called the defendant. What Can I File a Small Claims Case For? You can file a small claims case if you have a claim that is within the justice court’s jurisdiction, meaning the type of cases that court can hear. The four most common reasons that plaintiffs file small claims cases are: The defendant made a promise and then didn’t honor the promise, which caused the plaintiff to lose money (breach of contract); The defendant owes money to the plaintiff and will not pay; The defendant did something that caused damage to the plaintiff’s property or caused injury to the plaintiff; or The defendant is in possession of personal property that belongs to the plaintiff. What Can I Not File a Small Claims Case For? You cannot file a small claims case if: The amount of money you are trying to recover is more than $10,000, You are trying to recover a piece of personal property that is worth more than $10,000 (a hearing may be necessary after you file a case for the judge to determine if the property is worth more than $10,000), You are trying to recover or obtain title to real property (land), or You are suing for defamation, libel, or slander (things the defendant has said or published about you that you believe to be false and harmful). You also cannot get an order from a justice court to make a party do something or stop doing something. For example, you could not get an order from the justice court to make the defendant perform services that you paid for but didn’t receive, stop posting things about you on Facebook, or cut down a tree that is hanging over your property. Who Do I File a Small Claims Case Against? You must file the case against the person or company that is responsible for your damages (lost money) or that has your personal property. If you are suing a business that is not a corporation, you should check with the county clerk to see who the owners or partners of the business are. If the business is a corporation, you will need the name of the registered agent, president, or vice-president of the corporation. To determine the legal nature of a business, you may: Go to the Assumed Names Records maintained by the County Clerk Contact the Corporation Division of the Office of the Secretary of State at 512-463-5555, or go to their web page at HYPERLINK "http://www.sos.state.tx.us/help.shtml" http://www.sos.state.tx.us/help.shtml, to find information and assistance, or Contact the Office of the State Comptroller at 1-800-252-1386. When Can I File a Small Claims Case? You can only file your claim for a certain amount of time after the incident occurs. This is called the statute of limitations. In a breach of contract case, the time period is four years, unless the contract gives a different time period. In most other cases, the time period is two years. If you file a case where the statute of limitations has run out, you will lose the case. If you are unsure if the statute of limitations has run out in your case, you may wish to consult an attorney. Where Do I File a Small Claims Case? Small claims cases are filed in a ju

FAQs

What is a small claims case, and who are the plaintiff and defendant?

A small claims case is a lawsuit filed in justice court for unpaid money or certain personal property issues. The person or company filing is the plaintiff, and the person or company being sued is the defendant.

What claims are commonly filed in small claims court?

Common reasons include breach of contract (a promise made and not honored), nonpayment of money owed, property damage or personal injury caused by the defendant, and the defendant possessing personal property that belongs to the plaintiff.

What limits prevent a case from being filed in small claims court?

Small claims cannot be used when the amount sought is over $10,000, when the personal property sought is worth more than $10,000, when trying to obtain title to real property, or for defamation, libel, or slander. Justice courts also cannot issue orders requiring a party to perform or stop certain actions, such as specific services or removing online posts.

Sep 2, 2026

Upload by Mia