Small Claims Petition - Texas

Texas Consumer Protection Updated October 26, 2026 Free Word and PDF

SMALL CLAIMS PETITION

JUSTICE COURT — STATE OF TEXAS


FILING INSTRUCTIONS AND OVERVIEW

Court: Justice Court (also called Justice of the Peace Court or "JP Court")
Governing Rules: Tex. R. Civ. P. 500-510 (Part V — Rules of Practice in Justice Courts)
Jurisdictional Limit: $20,000 (exclusive of statutory interest and court costs, but inclusive of attorney's fees if recoverable)
Attorney Representation: Permitted — any party may appear with or without an attorney
Appeal: To County Court at Law (trial de novo) within 21 days
Pretrial Discovery: Limited to discovery the judge considers reasonable and necessary; requests must be presented to the court (Tex. R. Civ. P. 500.8(a)). Post-judgment requests follow Rule 500.8(b).

KEY TEXAS DISTINCTIONS:
- $20,000 small-claims limit — excluding statutory interest and court costs but including attorney fees, if any (Tex. R. Civ. P. 500.1(a))
- Court-controlled discovery — pretrial discovery is limited to what the judge considers reasonable and necessary (Tex. R. Civ. P. 500.8)
- DTPA claims — A damages claim under the Texas Deceptive Trade Practices-Consumer Protection Act generally requires 60-day pre-suit notice, subject to the limitations and counterclaim exceptions in Tex. Bus. & Com. Code § 17.505(b)
- Trial de novo on appeal — completely new trial in County Court
- Jury trial available — either party may demand a jury trial in Justice Court ($22 fee)


PART I — COURT IDENTIFICATION AND CAPTION

IN THE JUSTICE COURT

PRECINCT [____], PLACE [____]

[________________________________] COUNTY, TEXAS

Cause No.: [________________________________]
Judge: Justice of the Peace [________________________________]

[________________________________]
Plaintiff,
v. PLAINTIFF'S ORIGINAL PETITION
(Small Claims Case)
[________________________________]
Defendant.

PLAINTIFF INFORMATION

Field Information
Full Legal Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email Address: [________________________________]

☐ I consent to email service of the answer and other motions or pleadings at the email address above (Tex. R. Civ. P. 502.2(a)(8)).

If Plaintiff is a business entity:

Field Information
Business Name (exact legal name): [________________________________]
Type of Entity: ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship
State of Organization: [________________________________]
Registered Agent: [________________________________]
Principal Office Address: [________________________________]
Texas SOS Filing No.: [________________________________]

DEFENDANT INFORMATION

Defendant #1:

Field Information
Full Legal Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone (if known): [________________________________]
Email Address (if known): [________________________________]

Defendant #2 (if applicable):

Field Information
Full Legal Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]

Note: For business entities, verify the correct legal name and registered agent through the Texas Secretary of State: https://www.sos.state.tx.us/corp/sosda/index.shtml

AMOUNT CLAIMED: $[________________________________] (not to exceed $20,000 exclusive of statutory interest and court costs)


PART II — JURISDICTIONAL STATEMENT

  1. This Court has jurisdiction over this action pursuant to Tex. Gov't Code § 27.031(a)(1) because the amount in controversy, exclusive of statutory interest and court costs, does not exceed $20,000.

  2. This is a small claims case as defined by Tex. R. Civ. P. 500.1(a) — a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law.

  3. The Plaintiff has the legal capacity to bring this action.

  4. The Defendant is subject to the jurisdiction of this Court.

  5. The total amount in controversy is $[________________________________], exclusive of statutory interest and court costs.


PART III — VENUE

Venue is proper in Precinct [____] of [________________________________] County, Texas, pursuant to Tex. R. Civ. P. 502.4 and the applicable justice-court venue provisions in Tex. Civ. Prac. & Rem. Code ch. 15, subch. E, because (check all that apply):

☐ The Defendant resides in this county and precinct (Tex. Civ. Prac. & Rem. Code § 15.082; Tex. R. Civ. P. 502.4(b)(1))
☐ The incident, or the majority of incidents, giving rise to the claim occurred in this county and precinct (Tex. R. Civ. P. 502.4(b)(2))
☐ The contract or agreement giving rise to the claim was to be performed in this county and precinct (Tex. R. Civ. P. 502.4(b)(3))
☐ This is a suit to recover personal property located in this county and precinct (Tex. R. Civ. P. 502.4(b)(4))
☐ The Defendant is a nonresident of Texas or the Defendant's residence is unknown, and Plaintiff resides in this county and precinct (Tex. R. Civ. P. 502.4(c))

Note: Texas Justice Courts are divided into precincts. You generally must file in the correct precinct within the county. Check the county's Justice Court website for precinct boundaries.


PART IV — NATURE OF CLAIM

Select the type(s) of claim (check all that apply):

☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Defective Goods or Services — Goods or services provided were defective, substandard, or not as represented
☐ Security Deposit Dispute — Landlord failed to return security deposit within 30 days or wrongfully withheld deductions (Tex. Prop. Code § 92.103)
☐ Property Damage — Defendant caused damage to Plaintiff's real or personal property
☐ Auto Repair Dispute — Vehicle repair was defective, unauthorized, or overcharged
☐ Lemon Law / Motor Vehicle — Vehicle qualifies under the Texas Lemon Law (Tex. Occ. Code § 2301.601 et seq.)
☐ Home Improvement / Construction Dispute — Contractor failed to perform, performed defectively, or abandoned project
☐ Deceptive Trade Practices (DTPA) — Defendant engaged in false, misleading, or deceptive acts or practices (Tex. Bus. & Com. Code § 17.46)
☐ DTPA Pre-Suit Notice Sent: Yes, on [__/__/____] ☐ No — identify any § 17.505(b) exception before filing
☐ Debt Collection Violation — Defendant violated FDCPA (15 U.S.C. § 1692 et seq.) or Texas Debt Collection Act (Tex. Fin. Code § 392)
☐ Unpaid Wages — Employer failed to pay wages owed (Tex. Lab. Code § 61.011 et seq.)
☐ Return of Personal Property — Defendant wrongfully retains Plaintiff's personal property
☐ Bad Check — Defendant issued a check that was dishonored (Tex. Bus. & Com. Code § 3.506 permits a conditional processing fee)
☐ Account Claim — Claim for goods sold, services rendered, or labor performed; attach or bring supporting records
☐ Other: [________________________________]


PART V — DTPA PRE-SUIT NOTICE (IF APPLICABLE)

DTPA DAMAGES NOTICE: Under Tex. Bus. & Com. Code § 17.505(a), a consumer seeking § 17.50(b)(1) damages generally gives written notice at least 60 days before filing suit. Section 17.505(b) excuses notice if limitations makes it impracticable or the claim is a counterclaim. Omitted required notice can lead to abatement under § 17.505(c)-(e).

DTPA Pre-Suit Notice Details

☐ This claim includes a DTPA cause of action
☐ Written pre-suit notice was sent to the Defendant on [__/__/____]

Contents of the notice (required elements under § 17.505(a)):
☐ Specific complaint described in reasonable detail
☐ Amount of economic damages claimed: $[________________________________]
☐ Amount of attorney's fees claimed: $[________________________________]
☐ Amount of damages for mental anguish claimed (if any): $[________________________________]
☐ Factual basis for the claim

Method of delivery:
☐ Certified mail, return receipt requested
☐ Personal delivery
☐ Other: [________________________________]

Defendant's response to the notice:
☐ No response within 60 days
☐ Defendant made a settlement offer of $[____] on [__/__/____], which was ☐ accepted ☐ rejected
☐ Defendant denied the claim
☐ Other: [________________________________]

Note: Section 17.505(d) addresses abatement when required notice was not provided; it is not the rejected-offer limitation. Analyze the contents, timing, filing, findings, and consequences of a DTPA settlement offer under §§ 17.5052 and 17.506 before stating that an offer limits damages or fees.


PART VI — STATEMENT OF FACTS

A. Background and Relationship Between the Parties

On or about [__/__/____], the Plaintiff and Defendant entered into the following relationship or transaction:

[________________________________]
[________________________________]
[________________________________]

B. Detailed Description of Events

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

C. Defendant's Breach or Wrongful Conduct

The Defendant breached the agreement, violated applicable law, and/or engaged in wrongful conduct by:

  1. [________________________________]
  2. [________________________________]
  3. [________________________________]
  4. [________________________________]

D. Harm Suffered by Plaintiff

As a direct and proximate result of Defendant's conduct, Plaintiff suffered the following harm:

  1. [________________________________]
  2. [________________________________]
  3. [________________________________]

PART VII — DAMAGES CALCULATION

A. Itemized Damages

Category Description Amount
Actual/Economic Damages [________________________________] $[____]
Consequential Damages [________________________________] $[____]
Incidental Damages [________________________________] $[____]
Statutory Damages (if applicable) [________________________________] $[____]
Replacement/Repair Costs [________________________________] $[____]
Lost Wages/Income [________________________________] $[____]
Other Out-of-Pocket Expenses [________________________________] $[____]
Attorney's Fees (if recoverable) [________________________________] $[____]
SUBTOTAL $[____]
Less: Credits/Payments Received [________________________________] ($[____])
TOTAL CLAIM $[____]

LIMIT NOTE: The $20,000 jurisdictional limit is inclusive of attorney's fees (if recoverable) but exclusive of statutory interest and court costs. Include attorney's fees in the total claim amount.

B. Statutory Damages Available (Texas-Specific)

Statute Provision Potential Recovery
DTPA § 17.50(b)(1) Deceptive trade practices (non-knowing) Economic damages
DTPA § 17.50(b)(1) Knowing DTPA violation Economic damages, mental anguish if proved, and up to 3x economic damages
DTPA § 17.50(b)(1) Intentional DTPA violation Economic and mental anguish damages if proved, with up to 3x both categories
Prop. Code § 92.109 Security deposit bad faith Deposit + $100 + 3x wrongfully withheld + attorney's fees
Bus. & Com. Code § 3.506 Dishonored payment device Up to $30 processing fee if statutory conditions are met; the face amount depends on the underlying claim
Lab. Code § 61.019 Unpaid wages Wages + reasonable attorney's fees

Note: DTPA treble damages can easily push a claim over $20,000. If your DTPA claim with treble damages exceeds $20,000, you must either waive the excess or file in County Court at Law or District Court.

C. Interest

Tex. Fin. Code § 304.003 sets a monthly determined postjudgment rate when § 304.002 does not apply, using prime with a 5% floor and 15% ceiling. It does not itself award prejudgment interest, and § 304.002 uses the lesser of the qualifying contract rate or 18%, not the higher of a contract rate and 5%. Enter only the rate and interest categories supported by the judgment and current claim-specific authority.

Interest accrues from:
☐ The date of breach: [__/__/____]
☐ The date of demand: [__/__/____]
☐ For a wrongful-death, personal-injury, or property-damage claim only: the earlier of the date suit was filed or the 180th day after Defendant received written notice of the claim (Tex. Fin. Code §§ 304.101, 304.104)
☐ Other: [________________________________]


PART VIII — RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

  1. Actual/economic damages in the amount of $[________________________________]
  2. Statutory/additional damages in the amount of $[________________________________] (if applicable)
  3. Pre-judgment interest at the rate of [____]% per annum from [__/__/____]
  4. Attorney's fees in the amount of $[________________________________] (if recoverable under statute or contract)
  5. Court costs, including filing fees and service costs
  6. Post-judgment interest at the applicable statutory rate
  7. Such other and further relief as this Court deems just and equitable

PART IX — PRIOR DEMAND AND RESOLUTION ATTEMPTS

A. General Demand History

☐ Written demand letter sent to Defendant on [__/__/____] via:
☐ Certified mail, return receipt requested
☐ Regular first-class mail
☐ Email to: [________________________________]
☐ Hand delivery

☐ Demand amount: $[________________________________]
☐ Response deadline given: [__/__/____]

☐ Defendant's response:
☐ No response received
☐ Defendant refused to pay
☐ Defendant disputed the claim — reason: [________________________________]
☐ Defendant offered partial payment of $[____] which was ☐ accepted ☐ rejected
☐ Other: [________________________________]

B. DTPA Pre-Suit Notice (if applicable — see Part V above)

☐ DTPA pre-suit notice sent on [__/__/____]
☐ 60-day waiting period has expired as of [__/__/____]

C. Other Resolution Attempts

☐ Telephone conversation(s) with Defendant on [__/__/____]
☐ In-person meeting on [__/__/____]
☐ Mediation attempted on [__/__/____] — result: [________________________________]
☐ Complaint filed with Texas Attorney General Consumer Protection Division on [__/__/____]
☐ Complaint filed with BBB on [__/__/____]
☐ Complaint filed with TDLR (Texas Department of Licensing and Regulation) on [__/__/____]
☐ Other: [________________________________]


PART X — EVIDENCE CHECKLIST

Contracts and Agreements

☐ Written contract(s) or agreement(s)
☐ Purchase orders, invoices, or receipts
☐ Warranty or guarantee documents
☐ Lease or rental agreement
☐ Work orders or service agreements
☐ Estimates, bids, or proposals
☐ DTPA pre-suit notice letter and proof of delivery

Communications

☐ Demand letter(s) and proof of mailing/delivery
☐ Email correspondence (printed with headers)
☐ Text messages (printed with dates)
☐ Letters or written communications
☐ Notes of telephone conversations

Financial Records

☐ Bank statements showing payments
☐ Canceled checks (front and back)
☐ Credit/debit card statements
☐ Repair estimates from multiple sources
☐ Receipts for replacement goods/services
☐ Payroll records (for wage claims)

Photographs and Physical Evidence

☐ Photographs of damaged property (dated)
☐ Photographs of defective goods
☐ Before/after photographs
☐ Video recordings
☐ Physical evidence (damaged items)

Third-Party Documentation

☐ Expert opinions or appraisals
☐ Inspection reports
☐ Police reports
☐ Government agency complaints (AG, TDLR)
☐ Texas SOS business entity search results
☐ Contractor license verification (TDLR)

Witness Information

☐ Witness #1: [________________________________] — Testimony: [________________________________]
☐ Witness #2: [________________________________] — Testimony: [________________________________]
☐ Witness #3: [________________________________] — Testimony: [________________________________]

Timeline

☐ Prepared chronological summary of all key events


PART XI — FILING INSTRUCTIONS — TEXAS JUSTICE COURT

Step 1: Determine the Correct Court

File in the Justice Court for the correct precinct within the correct county where venue is proper.

Finding Your Justice Court:

  • Each Texas county is divided into precincts (typically 1-8), each with its own Justice of the Peace Court
  • Check your county's website for precinct maps and Justice Court locations
  • Texas Justice Court Training Center: https://www.tjctc.org

Step 2: Obtain the Petition Form

  • Many Justice Courts provide their own small claims petition forms
  • Texas Justice Court Training Center provides sample forms: https://www.tjctc.org/srl/
  • You may use this template as your petition or as a supplement to the court's form
  • The petition must comply with Tex. R. Civ. P. 502 (requirements for petitions)

Step 3: Filing Fees

Fee Type Approximate Amount
Small claims filing fee $54
Service by constable/sheriff $75-$150 (varies by county)
Jury demand fee (if applicable) $22
Appeal filing fee Approximately $119-$175
  • Filing fees are set by Tex. Local Gov't Code § 135.103 and § 133.151(a-1)
  • Pay by cash, check, money order, or credit/debit card (if accepted)
  • If you cannot afford the fee, file the Supreme Court's Statement of Inability to Afford Payment of Court Costs or another statement certifying the same information (Tex. R. Civ. P. 502.3(a)).

Step 4: File the Petition

In-Person Filing:

  • Bring the petition to the Justice Court Clerk's office during business hours
  • The Clerk assigns a cause number; after the Defendant answers, the judge sets the trial docket and the court ordinarily gives at least 45 days' notice (Tex. R. Civ. P. 503.3(a))
  • Retain your file-stamped copy

E-Filing (where available):

  • Some Texas counties require or permit e-filing for Justice Courts
  • Check if your county's Justice Court participates in mandatory e-filing
  • E-filing portal: https://efile.txcourts.gov

Step 5: Serve the Defendant

  • See Part XII below for service requirements

PART XII — SERVICE OF PROCESS REQUIREMENTS

Methods of Service (Tex. R. Civ. P. 501.2)

Option 1: Service by Constable or Sheriff (Default Method)
☐ The county constable or sheriff serves the citation and petition on the Defendant
☐ Fee: approximately $75-$150 (varies by county)
☐ Pay the service fee at the time of filing
☐ The constable/sheriff attempts personal service at the Defendant's address
☐ A return of service is filed with the Court

Option 2: Service by Authorized Private Process Server
☐ A private process server authorized by Tex. R. Civ. P. 501.2 may serve the documents
☐ The process server must be certified under Tex. Gov't Code Ch. 156 or court order
☐ An affidavit of service must be filed with the Court

Option 3: Service by Certified Mail (Court Clerk)
☐ The Court Clerk sends the citation by certified mail, return receipt requested, with delivery restricted to the addressee
☐ Service is complete when the Defendant signs the return receipt
☐ If the mail is returned unclaimed or refused, service is NOT complete

Option 4: Alternative Service or Publication
☐ If ordinary service methods are insufficient, request alternative service with a sworn statement of the methods attempted and the Defendant's likely location (Tex. R. Civ. P. 501.2(e))
☐ The court may authorize first-class mail plus delivery to a person at least 16 at the specified location, or first-class mail plus another method reasonably likely to give notice
☐ If publication is necessary, follow the county and district court publication rules (Tex. R. Civ. P. 501.2(f))

Service on Business Entities

Entity Type Serve
Corporation (Texas) Registered agent; or president, vice president, or registered agent at registered office
Corporation (Foreign) Registered agent; or Secretary of State (Tex. Bus. Orgs. Code § 5.251)
LLC Registered agent; or member or manager
Partnership Any partner
Sole proprietorship Owner personally

Service Deadlines

  • The Defendant's answer is due by the end of the 14th day after service, subject to the weekend, holiday, and court-closure extensions in Tex. R. Civ. P. 502.5(d)
  • If service is not completed, notify the Court and request a continuance

Proof of Service (Return of Citation)

  • The officer or process server files a return of citation with the Court
  • The return must state the date and manner of service
  • Verify that the return has been filed before the hearing date

PART XIII — HEARING PREPARATION GUIDE

Before the Hearing

  1. Discovery Requires Court Approval: Under Tex. R. Civ. P. 500.8, pretrial discovery is limited to what the judge considers reasonable and necessary, and a discovery request must be presented to the court for approval. Ask the court about its procedure before serving discovery.

  2. Organize Your Evidence: Arrange all documents chronologically. Make three sets: one for the judge, one for the Defendant, and one for yourself.

  3. Prepare Your Presentation: Write a concise summary of your case. Practice presenting it in 5-10 minutes.

  4. Subpoenas: If you need a witness who will not attend voluntarily, ask the clerk promptly about the court's subpoena procedure and service timing.

  5. Jury Demand: If you want a jury trial, file a written demand and pay the $22 jury fee no later than 14 days before trial and pay the fee when filing the demand (Tex. R. Civ. P. 504.1(a)–(b)).

At the Hearing

  1. Arrive Early — At least 30 minutes before the scheduled time. Check in with the court clerk.

  2. Courtroom Procedure:

    • The case is called by the judge (Justice of the Peace)
    • Plaintiff presents first
    • Present evidence, explain your claim, call witnesses
    • Defendant presents their case
    • Both sides may cross-examine witnesses
    • The judge may ask questions
    • Closing statements (brief)
  3. Evidence: Ask the court about its hearing procedures, bring organized copies for the court and the other party, and be prepared to identify witnesses and explain the basis for each exhibit.

  4. Key Tips:

    • Address the judge as "Your Honor" or "Judge [Name]"
    • Be concise, organized, and professional
    • Refer to specific dates, amounts, and documents
    • Do not interrupt the opposing party
    • Be truthful — credibility is critical in Texas Justice Courts
  5. Settlement: The judge may encourage settlement before or during the hearing. If you reach an agreement, put it in writing and present it to the judge.


PART XIV — POST-JUDGMENT PROCEDURES

If You Win (Judgment in Your Favor)

Collecting the Judgment:

  1. Voluntary Payment — The Defendant should pay promptly after the judgment is entered. Texas judgments accrue post-judgment interest from the date of judgment.

  2. If Defendant Does Not Pay (after appeal period expires):
    ☐ Abstract of Judgment — File an abstract of judgment with the County Clerk of any county where the Defendant owns real property to create a judgment lien (Tex. Prop. Code § 52.001)
    ☐ Writ of Execution — File a writ of execution with the Justice Court to authorize the constable/sheriff to seize and sell the Defendant's non-exempt personal property (Tex. R. Civ. P. 505.1)
    ☐ Turnover Order — File a motion for turnover order requiring the Defendant to surrender non-exempt property (Tex. Civ. Prac. & Rem. Code § 31.002)
    ☐ Wage Garnishment — Limited in Texas to child support, spousal maintenance, taxes, and student loans. General creditors cannot garnish wages in Texas.
    ☐ Bank Account Garnishment (Writ of Garnishment) — File a post-judgment writ of garnishment to reach the Defendant's bank accounts (subject to exemptions) (Tex. Civ. Prac. & Rem. Code § 63.001)
    ☐ Post-Judgment Discovery — Serve a request for information about the Defendant's assets under Tex. R. Civ. P. 500.8(b). The request need not be filed with the court; allow at least 30 days for a response. If the Defendant objects within 30 days, the judge will hold a hearing.

  3. Texas Exemptions (Key Provisions):

    • Homestead: Fully exempt from forced sale (Tex. Const. Art. XVI, § 50; Tex. Prop. Code § 41.001) — up to 10 acres urban, 100/200 acres rural
    • Personal property: $50,000 aggregate exemption for a single adult who is not a family member ($100,000 for a family) (Tex. Prop. Code § 42.001)
    • Wages: Cannot be garnished for consumer debts (Tex. Civ. Prac. & Rem. Code § 63.004)
    • Retirement accounts: Fully exempt (Tex. Prop. Code § 42.0021)
  4. Judgment Duration:

    • Texas judgments are enforceable for 10 years and may be renewed (Tex. Civ. Prac. & Rem. Code § 34.001)
    • Postjudgment interest: [____]% under the applicable § 304.002 or § 304.003 route

If You Lose (Judgment Against You)

Appeal to County Court at Law — Trial De Novo:

  • Deadline and method: Within 21 days after the judgment is signed, perfect the appeal by filing the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs authorized by Tex. R. Civ. P. 506.1. Confirm the required filing with the justice-court clerk.
  • Court: Appeal to the County Court at Law (or County Court if no Court at Law exists) in the same county
  • Trial De Novo: The appeal results in a completely new trial — the case starts over as if no prior trial occurred
  • Discovery Available: Full discovery is available in County Court on appeal
  • Jury Trial: Either party may demand a jury trial in County Court
  • Attorney Strongly Recommended: County Court proceedings follow formal rules of civil procedure

Appeal Security and Costs: Rule 506.1 governs the available methods of perfecting an appeal and the required bond or cash-deposit amount. Obtain the current amount and filing instructions from the clerk before the 21-day deadline.


PART XV — PRACTICE TIPS FOR TEXAS JUSTICE COURT

Texas-Specific Considerations

  1. DTPA Pre-Suit Notice (§ 17.505): For a damages claim under § 17.50(b)(1), give written notice at least 60 days before filing suit, unless § 17.505(b)'s limitations or counterclaim exception applies. If required notice was omitted, the defendant may seek abatement by filing a plea within 30 days after its original answer; the court may then abate the suit under § 17.505(d).

  2. Limited Discovery (Tex. R. Civ. P. 500.8): Pretrial discovery is available only to the extent the judge considers it reasonable and necessary. Present any discovery request to the court for approval.

  3. Jurisdictional Limit ($20,000): Keep the amount requested within the applicable justice-court and small-claims limits, accounting for attorney fees as Rule 500.1(a) directs.

  4. Security Deposit Claims (Tex. Prop. Code § 92.103-92.109):

    • Landlord must return deposit within 30 days after tenant surrenders premises
    • Must provide written description and itemization of deductions
    • Bad faith withholding: tenant may recover 3x the amount wrongfully withheld plus $100 plus reasonable attorney's fees (§ 92.109)
    • Landlord's failure to provide itemized list creates a presumption of bad faith
  5. DTPA Claims (Tex. Bus. & Com. Code § 17.41 et seq.):

    • Covers "false, misleading, or deceptive acts or practices" in consumer transactions
    • Economic damages for non-knowing violations
    • For knowing violations, mental anguish damages when proved and up to 3x economic damages; for intentional violations, mental anguish damages when proved and up to 3x economic and mental anguish damages
    • Attorney's fees to the prevailing consumer
    • Laundry list of specific deceptive practices (§ 17.46(b))
    • Remember the 60-day pre-suit notice requirement (§ 17.505)
  6. No Wage Garnishment in Texas: Texas is one of the most debtor-friendly states. General creditors cannot garnish wages for consumer debts. This affects your ability to collect if you win. Focus on bank account garnishment, property liens, and turnover orders instead.

  7. Account Claims: If suing on an account, bring the invoices, payment history, and other proof of the amount owed. Rule 185's sworn-account procedure does not automatically apply in justice court; see Tex. R. Civ. P. 500.1(e).

  8. Statute of Limitations:

Claim Type Limitation Period
Written contract, absent a more specific period 4 years (Tex. Civ. Prac. & Rem. Code § 16.051)
Oral contract, absent a more specific period 4 years (Tex. Civ. Prac. & Rem. Code § 16.051)
Personal property damage 2 years (Tex. Civ. Prac. & Rem. Code § 16.003)
Fraud 4 years after accrual (Tex. Civ. Prac. & Rem. Code § 16.004(a)(4))
DTPA 2 years from date of act or discovery (§ 17.565)
Security deposit 4 years
Unpaid wages 180 days (complaint to TWC) or 2 years (suit)
  1. E-Filing: Some Texas Justice Courts now require e-filing. Check whether your court participates in mandatory e-filing. The statewide e-filing portal is: https://efile.txcourts.gov

  2. Default Judgment: If the Defendant fails to file an answer within 14 days after service or fails to appear at trial, the Court may enter a default judgment. The Plaintiff must still present evidence of liability and damages.

  3. Counterclaims: The Defendant may file a counterclaim within the justice court's jurisdiction under Tex. R. Civ. P. 502.6(a). The rule does not impose a seven-day counterclaim deadline; Rule 502.7(a) governs amendments within seven days of trial.

  4. Texas Deceptive Trade Practices Act "Laundry List" (§ 17.46(b)) — Common Claims:

    • Misrepresenting the standard, quality, or grade of goods
    • Advertising goods with intent not to sell them as advertised
    • Failing to disclose known defects
    • Making false or misleading statements of fact about the need for parts, replacement, or repair
    • Using bait-and-switch tactics
    • Representing that a guarantee or warranty confers rights that it does not have

VERIFICATION AND SIGNATURE

I, the undersigned Plaintiff, declare under penalty of perjury under the laws of the State of Texas that the foregoing Plaintiff's Original Petition is true and correct to the best of my knowledge and belief.

Plaintiff's Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Texas Bar No. (if attorney): [________________________________]

CERTIFICATE OF SERVICE

I certify that a true copy of this Plaintiff's Original Petition was served on the Defendant by:

☐ Constable of Precinct [____], [________________________________] County, on [__/__/____]
☐ Sheriff of [________________________________] County on [__/__/____]
☐ Authorized private process server on [__/__/____]
☐ Court Clerk by certified mail on [__/__/____]
☐ Other authorized method: [________________________________]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

SOURCES AND REFERENCES

  1. Tex. R. Civ. P. 500-510 — Rules of Practice in Justice Courts: https://www.txcourts.gov/rules-forms/rules-standards/
  2. Tex. Gov't Code § 27.031 — Justice Court jurisdiction
  3. Tex. Bus. & Com. Code § 17.41 et seq. — Deceptive Trade Practices-Consumer Protection Act: https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-17-505/
  4. Tex. Bus. & Com. Code § 17.505 — DTPA pre-suit notice requirement
  5. Tex. Prop. Code § 92.103-92.109 — Security deposit provisions
  6. Tex. Fin. Code § 304.003 — Interest rates
  7. Texas Justice Court Training Center — https://www.tjctc.org
  8. Texas State Law Library — Small Claims Guide — https://guides.sll.texas.gov/small-claims
  9. Texas Law Help — How to Sue in Justice Court — https://texaslawhelp.org/article/how-to-sue-in-justice-court-small-claims-court
  10. Texas Secretary of State — Business Search — https://www.sos.state.tx.us/corp/sosda/index.shtml
  11. Texas e-Filing Portal — https://efile.txcourts.gov
  12. Tex. Civ. Prac. & Rem. Code § 15 — Venue provisions
  13. Tex. Fin. Code § 392 — Texas Debt Collection Act
  14. Nolo — Texas Small Claims Court — https://www.nolo.com/legal-encyclopedia/texas-small-claims-court-32055.html

This template is provided for informational purposes only and does not constitute legal advice. Many Texas Justice Courts have their own petition forms — check with your local Justice Court Clerk for specific requirements. For DTPA damages claims, check the 60-day notice rule and its exceptions in § 17.505 before filing. Consult a qualified attorney licensed in Texas for advice specific to your situation. Laws and court rules may change; verify all citations and procedures before filing.

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About this template

Last updated
October 26, 2026
Jurisdiction
Texas
Category
Consumer Protection

Legal authority

  • Tex. R. Civ. P. 500-510 (Rules of Practice in Justice Courts)
  • Tex. Gov't Code § 27.031 (Justice Court Jurisdiction)
  • Tex. Gov't Code § 27.060 (Small Claims Procedure)
  • Tex. R. Civ. P. 500.2 (Definitions)
  • Tex. R. Civ. P. 500.8 (Discovery)
  • Tex. R. Civ. P. 502.2 (Petition; Fees)
  • Tex. R. Civ. P. 502.4 (Venue)
  • Tex. Bus. & Com. Code § 17.41 et seq. (DTPA)
  • Tex. Bus. & Com. Code § 17.505 (DTPA Pre-Suit Notice)

Consumer protection law gives buyers, borrowers, and renters rights against unfair, deceptive, or abusive business practices. Federal and state laws cover debt collection, credit reporting, product warranties, lemon cars, and more, and most of them have strict deadlines to preserve your rights. A well-drafted demand or complaint puts the business on notice, triggers their legal obligations, and often resolves the issue without a lawsuit.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

The statutes this template relies on are listed under Legal authority.

Tex. R. Civ. P. 500.8(b) (checked October 26, 2026): "Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respond to a post-judgment discovery request."

Tex. Fin. Code § 304.101 (checked October 26, 2026): "This subchapter applies only to a wrongful death, personal injury, or property damage case of a court of this state."

Tex. Fin. Code § 304.104 (checked October 26, 2026): "the earlier of the 180th day after the date the defendant receives written notice of a claim or the date the suit is filed"

Tex. R. Civ. P. 500.1(a) (checked October 26, 2026): "The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any."

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