Texas small claims
How to fill out Texas's Small Claims Petition (justice court)
Official form: Petition: Small Claims Case (Statement of Claim), Rule 502.2 · Walkthrough written against Harris County Justice Courts PDF (fillable XFA form, no printed revision date; verified July 2026)
In Texas, this form is issued per county or court
There is no single statewide version — each county's (or court's) clerk issues its own, and courts generally expect their own version. The walkthrough below uses the Harris County Justice Courts Small Claims Petition because the forms ask for largely the same information, but your court's layout and requirements can differ. Look up your courthouse to find the operative version — the clerk's office has it.
Download the official form — free, from the court
The only authoritative copy of this form is the court's own. Courts re-issue forms, so downloading a fresh copy right before filing beats reusing a saved one. We link the official source and never host court forms ourselves.
Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Texas small claims cases are heard in the Justice Courts (justice of the peace courts), organized by precinct within each county. There is no single statewide petition form: Rule 502.2 of the Texas Rules of Civil Procedure prescribes what every petition must contain, but each county's justice courts publish their own fill-in versions, and a statewide guided interview is also available through eFileTexas and TexasLawHelp. The version that matters locally is the one from the justice court where the case will be filed.
Under Rule 502.2(a), a petition must contain: the plaintiff's name; the plaintiff's address, telephone number, and fax number if any (or the plaintiff's attorney's, if one files); the defendant's name, address, and telephone number, if known; the amount of money sought, if any; a description and claimed value of any personal property sought; a description of any other relief requested; the basis for the claim against the defendant; and, if the plaintiff consents to email service of the answer and other filings, a statement of consent with email contact information. Texas justice courts hear claims up to $20,000.
The walkthrough below uses the Harris County Justice Courts' Small Claims Petition as the representative example — a one-page sworn petition posted at jp.hctx.net. Other counties' petitions collect the same Rule 502.2 information in different layouts.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption
Case No., Plaintiff vs. Defendant, "In the Small Claims Court of Harris County, Texas," Precinct ___, Place ___
The party names, and the precinct and place numbers identifying which justice court within the county hears the case. The case number is assigned by the clerk. Justice-court venue runs by precinct, so the precinct entered here determines which courthouse the case belongs to.
The plaintiff
Plaintiff — name, address, city/state/zip, mailing address, home and work phone numbers
The filer's identifying and contact information, with separate lines for a mailing address if it differs from the street address. This block supplies the plaintiff contact details Rule 502.2 requires in every petition.
The defendant
The petition is sworn — the plaintiff block ends "being duly sworn, on oath, deposes and says that:" and everything after it is sworn testimony.
Defendant — name, address, city/state/zip, home and work phone numbers
The person or business being sued and where they can be served. The form's footnote explains service on business entities at length: an individual doing business under an assumed name, a partnership, or a corporation may be sued in the business name, but service must reach a person authorized to accept it — for a corporation, the president, a vice-president, or the registered agent (and if the registered agent cannot be found at the registered office, the Secretary of State). It points to the County Clerk's assumed-name records, the Secretary of State's corporation division, and the State Comptroller to determine a business's exact legal nature.
Driver's license number, state, date of birth, other
Optional identifying details about the defendant that help with enforcement of any judgment later; the form provides the lines, completed when the information is known.
The claim and the counterclaim disclosure
"is justly indebted to Plaintiff in the amount of $___ for (describe the nature of the claim, including all pertinent dates; attach additional page if necessary)"
The amount claimed and a plain-language description of the claim, with dates — the Rule 502.2 "basis for the claim." Texas justice courts hear claims up to $20,000, excluding statutory interest and court costs.
"and there are no counterclaims existing in favor of the Defendant and against the Plaintiff, except: (describe any claim the Defendant is making against the plaintiff)"
A sworn statement that the defendant has no claims back against the plaintiff — with lines to describe any that do exist.
Signature of Plaintiff; "SUBSCRIBED and SWORN TO BEFORE ME on ___"
The plaintiff signs, and the jurat is completed by a notary public, the clerk of the court, or the justice of the peace (the form provides signature lines for each). Signing at the clerk's counter when filing is the common route, since court staff can administer the oath.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Filing another county's petition — Texas justice courts publish their own versions, and the local court expects a petition matching its caption and precinct structure (or a filing through eFileTexas's statewide interview).
- ⚠Filing in the wrong precinct — justice-court venue runs by precinct within the county, and the precinct and place numbers in the caption control which court hears the case.
- ⚠Leaving the petition unsworn — the Harris County form is an affidavit ending in a subscribed-and-sworn jurat, and an unsworn one is incomplete.
- ⚠Suing a business without identifying the right entity — the form's own service notes explain that judgment depends on serving a person authorized to accept process, and point to the assumed-name records and Secretary of State to get the entity right.
- ⚠Claiming more than $20,000 — the justice court cannot hear it; larger claims belong in county or district court.
- ⚠Omitting the basis of the claim or the pertinent dates — Rule 502.2 requires the basis for the claim, and the form asks for all pertinent dates, with an attached page if the space runs out.
What filing costs, and where it happens
In Harris County, the justice courts' published civil filing fee for a small claims case is $54 (a $33 local and $21 state consolidated fee), with service of citation typically adding roughly $75–$100 per defendant depending on the method. Other counties' totals differ, and fee waivers (a Statement of Inability to Afford Payment of Court Costs) are available for filers who qualify.
The petition is filed with the justice court for the proper precinct — over the counter, by mail, or electronically through eFileTexas, which also offers a guided small-claims interview. After filing, the court issues a citation, the defendant is served, and the case proceeds under Rules 500–507 of the Texas Rules of Civil Procedure. Fees and local practice vary by county and precinct, so verifying the current numbers with the justice court clerk before filing is the reliable approach.
Published fees and court locations for your county are in our Texas small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Is this the form for my county?
The walkthrough uses the Harris County Justice Courts version. Every petition statewide must contain the Rule 502.2 items, but each county's justice courts publish their own fill-in forms — the filing court's website or clerk supplies the local version, and eFileTexas's guided interview works statewide.
How much can I sue for in Texas justice court?
Up to $20,000, excluding statutory interest and court costs. Claims above that belong in county or district court.
Does the petition have to be notarized?
The Harris County form is sworn — signed before a notary, the clerk of the court, or the justice of the peace, who completes the jurat. Some counties' versions are signed without a jurat; the local form's own signature block controls.
What does it cost to file?
Harris County's published filing fee is $54, plus service costs of roughly $75–$100 per defendant depending on method; other counties differ. The justice court clerk quotes the exact total — verify before filing.
What happens after I file?
The court issues a citation, the defendant is served, and the defendant has a set time to answer. If the defendant answers, the court sets the case for trial; if not, the rules provide for default judgment after the required showings — including the military-status affidavit federal law requires.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.