Who Can File a Small Claims Case in Texas

Who Texas permits to file

Texas allows a small claims case to be brought by:

• Any individual (a minor sues through a next friend or guardian)
• Sole proprietorship or person doing business under an assumed name
• Partnership
• Corporation or other business entity (need not be represented by an attorney — Tex. Gov't Code §27.031(d))
• Assignee of a claim, a person in the business of lending money at interest, or a collection agency or agent (subject to the special procedures of Tex. R. Civ. P. 508 and Gov't Code §27.060(c))

Whoever files has to be the person or entity that actually holds the claim. Suing in your own name over a debt owed to your company — or the reverse — is the kind of defect a defendant raises at the hearing.

Claim limit

$20,000

Court

Justice Court

File online

Yes (statewide)

Appeal window

21 days

The three that catch people out

Can I sue as my LLC or company?

Texas permits it, and the form needs the full registered legal name and address of the entity — not the trading name. Some courts also limit how a company may be represented at the hearing.

Can I sue on behalf of someone else?

A parent or guardian may bring a claim for a minor child in Texas. Otherwise you cannot file for a friend, a relative or a tenant — they file for themselves.

Do I need a lawyer?

No. Small claims exists so that people can represent themselves, and most attorneys will not take a case of this size. That is the whole design of the division.

Common questions

Who can file a small claims case in Texas?

Any individual (a minor sues through a next friend or guardian); Sole proprietorship or person doing business under an assumed name; Partnership; Corporation or other business entity (need not be represented by an attorney — Tex. Gov't Code §27.031(d)); Assignee of a claim, a person in the business of lending money at interest, or a collection agency or agent (subject to the special procedures of Tex. R. Civ. P. 508 and Gov't Code §27.060(c)).

Can an LLC or corporation file small claims in Texas?

Yes. The claim form requires the entity's full legal business name, address and phone.

Can I sue someone in Texas if I live in another state?

Usually yes — what matters is that the court has jurisdiction over the defendant, which normally means suing where the defendant lives or where the dispute happened, not where you live.

Do I need a lawyer to file small claims in Texas?

No. Justice Court small claims is designed for self-representation.