Unpaid Wages in Texas: Small Claims Court Process
This page describes the process for recovering unpaid wages in Texas, including the Texas Workforce Commission (TWC) wage claim process and the Texas Justice Court (small claims court) option. Texas Payday Law establishes specific deadlines for employers to pay wages and final paychecks. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- An employer did not issue a final paycheck after termination or resignation
- An employer paid less than the agreed wage rate for hours worked
- An employer deducted amounts from a paycheck without written authorization
- An employer did not pay overtime at 1.5x the regular rate for hours over 40 per week
- An employer failed to pay for all hours worked (missed clock-ins, off-the-clock work)
- A commission or bonus that was earned was not paid on schedule
Your Options
File a TWC wage claim
The Texas Workforce Commission (TWC) provides a free administrative wage claim process. You file online at twc.texas.gov. The TWC investigates and may require the employer to pay. Wage claims must generally be filed within 180 days of the date the wages were due.
Flash Justice: Flash Justice does not file TWC wage claims — you initiate this process directly at twc.texas.gov.
Send a demand letter
A formal written demand to your employer or former employer requesting payment of wages owed by a specific deadline.
Flash Justice: Flash Justice provides a free demand letter template for unpaid wages.
File in Texas small claims court
Texas Justice Court handles wage claims up to $20,000. You file a petition describing the wages owed, pay a filing fee, and attend a hearing. Note: You generally cannot pursue the same wages through both TWC and a civil court simultaneously.
Flash Justice: Flash Justice prepares your JP Court petition and documentation package so you can file at your local courthouse.
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
The Texas Payday Law (Texas Labor Code Chapter 61) requires employers to pay wages on the regular payday schedule and establishes deadlines for final paychecks: fired employees must be paid no later than the 6th calendar day after termination; employees who resign must be paid by the next regular payday. The federal Fair Labor Standards Act (FLSA) governs minimum wage and overtime requirements.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs).
TWC wage claims must generally be filed within 180 days of when the wages were due. Civil court claims in JP Court for unpaid wages based on an agreed wage rate or employment contract are generally subject to the 4-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.004. Federal minimum wage and overtime claims under the FLSA have a separate 2-year limit (3 years for willful violations) and are pursued through the federal Department of Labor or federal court — not JP Court. These are general references — consult the TWC website or a licensed attorney for your specific situation.
File in the Justice Court in the county where your employer is located or where you performed the work. Find your county's JP Court at txcourts.gov.
Important Notes
- The TWC wage claim has a strict 180-day filing deadline — do not delay if you intend to use that process.
- Keep all pay stubs, time records, and employment documents — these are critical evidence for both the TWC and court processes.
- The federal Department of Labor (dol.gov) handles minimum wage and overtime claims under the FLSA — this is a separate process from the TWC.
- Flash Justice helps you prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
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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.