Unpaid Invoice in Texas: Small Claims Court Process
This page describes the Texas small claims court process for collecting unpaid invoices from clients, customers, or businesses. Texas Justice Court (small claims court) allows individuals and small businesses to pursue payment of unpaid invoices up to $20,000 without an attorney. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- A client did not pay an invoice for services completed on time and in full
- A customer did not pay for goods delivered as agreed
- An invoice payment was promised but repeatedly delayed and never made
- A check received for an invoice was returned by the bank as unpaid
- A client disputed the invoice amount after work was completed
- A client ceased communication after receiving the completed work or goods
Your Options
Send a demand letter
A formal written demand stating the unpaid invoice amount, the basis for the debt, and a clear deadline for payment before legal action is initiated.
Flash Justice: Flash Justice provides a free demand letter template for unpaid invoices.
File in Texas small claims court
Texas Justice Court handles civil debt claims up to $20,000. You file a petition describing the unpaid invoice, pay a filing fee, and attend a hearing. No attorney is required.
Flash Justice: Flash Justice prepares your JP Court petition and documentation package so you can file at your local courthouse.
Consult a licensed attorney
For amounts above the small claims limit or complex commercial disputes, consulting a licensed attorney is advisable. Note: attorney's fees under Texas Civil Practice & Remedies Code Section 38.001 are only recoverable if you are represented by a licensed attorney — self-represented plaintiffs cannot recover attorney's fees under that statute.
Flash Justice: Flash Justice does not provide legal advice — for amounts above $20,000 or complex situations, consult a licensed Texas attorney.
Documentation Courts Typically Request
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Flash Justice helps you prepare your Texas small claims court petition and documentation package.
The Filing Process
Texas Legal Context
Written contract claims in Texas are governed by general contract law. Texas Business & Commerce Code Chapter 2 (§§ 2.001 et seq.) governs contracts for the sale of goods. The Texas Deceptive Trade Practices Act may apply if the non-payment involved deceptive conduct. Courts may award prejudgment interest on unpaid debts under Texas Finance Code Chapter 304.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs).
Written contract claims in Texas generally have a 4-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.004. Oral contract claims also generally have a 4-year limit. These are general references — consult official Texas courts resources or a licensed attorney.
File in the Justice Court in the county where the defendant is located or where the contract was to be performed. Find your county's JP Court at txcourts.gov.
Important Notes
- Gather all evidence of the work performed before filing — the court cannot accept evidence not presented at the hearing.
- Verify the defendant's legal name and correct mailing address before filing to ensure proper service.
- For claims above $20,000, file in County Court at Law rather than Justice Court.
- Flash Justice helps you prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
Ready to File Your Claim?
Flash Justice helps you prepare your Texas small claims court petition and documentation package — so you can file at your local Justice Court with everything in order.
This guide is for general informational purposes only and does not constitute legal advice. Flash Justice is not a law firm and does not provide legal representation. The information on this page reflects general Texas small claims court procedures and may not apply to your specific situation. For legal advice about your case, consult a licensed Texas attorney.