Harris County Small Claims Filing Fee

Filing fee

$54

Claim limit

$20,000

Service per defendant

$85

Pay online

Yes

The costs that are not the filing fee

Filing is the first charge, not the only one. Harris County also charges:

• Constable service of process per defendant: $85
• Constable expedited service additional: $85
• Constable extra after two hours per hour per deputy: $75
• Total to file and serve one defendant: $139
• Counterclaim or petition in intervention: $54
• Motion for new trial: $54
• Writ of garnishment: $184
• Jury fee: $22
• Summons subpoena or subpoena duces tecum service: $85
• Subpoena witness fee paid to witness: $10
• Abstract of judgment: $5
• Writ of execution: $190
• Writ of possession: $160
• Turnover order: $155
• Transcript fee: $10
• Certified copies first page: $2
• Certified copies each additional page: $0.25

None of these are optional once the case is moving, and all of them are recoverable in the judgment if you win. They are simply not quoted at the counter when you ask what it costs to file.

Fees change — confirm the current amount with the clerk at 713-274-0695 before you file.

What it costs to serve the defendant

Harris County charges $85 per defendant for service. That is on top of the filing fee, and you pay it for each person or business you are suing.

• Sheriff or constable (for a fee, per county constable fee schedule)
• Private process server certified under order of the Texas Supreme Court
• Clerk of the court by registered or certified mail, return receipt requested
• Any other person authorized by written court order who is 18 or older and not a party to or interested in the outcome (Tex. R. Civ. P. 501.2)

Service by certified mail is not complete unless the return receipt is signed by the addressee; an unsigned or unreturned green card will stall the case.

How this clerk takes payment

Harris County Justice of the Peace Courts accepts:

• Cash
• Cashier's check payable to the Justice of the Peace
• Money order payable to the Justice of the Peace
• Debit card
• Credit card (Visa, Mastercard, American Express, Discover) — no surcharge stated

Filing through eFileTexas.gov (Odyssey File & Serve) takes card payment at the time you file.

Common questions

How much does it cost to file a small claims case in Harris County?

$54 to file, plus $85 per defendant for service. Fees change — confirm the current amount with the clerk at 713-274-0695 before you file.

Can I get the filing fee back if I win?

Court costs, including the filing fee and service, are normally included in the judgment you ask for. Getting them back still depends on collecting the judgment.

What if I cannot afford the filing fee in Harris County?

Courts have a fee-waiver application for filers below an income threshold. Harris County's self-help center can point you at it. We cannot tell you whether you qualify.

How do I pay the Harris County filing fee?

Harris County Justice of the Peace Courts takes 5 forms of payment, listed above.