How to serve a small claims case in Texas
Updated October 15, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.
Small claims cases in Texas are filed in justice court and follow Rules 500–507. A small claims case is a suit for money damages, civil penalties, personal property or other relief where the claim is "no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any" (Rule 500.1(a)). Service of the citation is governed by Rule 501.2, not Rule 106. Evictions follow their own rule; see serving an eviction citation.
Who may serve
Rule 501.2(a): "No person who is a party to or interested in the outcome of the suit may serve citation in that suit." Citation may be served by:
- a sheriff or constable;
- "a process server certified by the Judicial Branch Certification Commission" (find one by county);
- the clerk of the court, if served by registered or certified mail; or
- "a person authorized by court order who is 18 years of age or older."
If you filed a Statement of Inability to Afford Payment of Court Costs, "the plaintiff must arrange for the citation to be served by a sheriff, constable, or court clerk" (Rule 501.2(c)). Otherwise the plaintiff pays all service fees.
How it is served
- In person: "delivering a copy of the citation with a copy of the petition attached to the defendant in person, after endorsing the date of delivery on the citation" (Rule 501.2(b)(1)).
- By mail: registered or certified mail, "restricted delivery, with return receipt or electronic return receipt requested" (Rule 501.2(b)(2)). Note the restricted-delivery requirement.
- Not on Sunday: "A citation cannot be served on a Sunday except in attachment, garnishment, sequestration, or distress proceedings" (Rule 501.2(d)).
Alternative service
If those methods are insufficient, the plaintiff or the server may request alternative service with "a sworn statement describing the methods attempted under (b) and stating the defendant's usual place of business or residence, or other place where the defendant can probably be found" (Rule 501.2(e)). The court may authorize first-class mail to a specified address plus either leaving the papers with anyone at least 16 at the residence or other location, or "any other method that the court finds is reasonably likely to provide the defendant with notice of the suit." Publication follows the county and district court rules (Rule 501.2(f)).
The return of service
Rule 501.3(b) lists what the return must show, including the case number and name, court, what was served, date and time received, the person served, address, date and manner of service or attempted service, the server's name, and for a certified server "his or her identification number and the expiration date of his or her certification." A return signed by anyone other than a sheriff, constable or clerk "must either be verified or be signed under penalty of perjury" (Rule 501.3(e)). If service failed, the return must show "the diligence used" and "the cause of failure" (Rule 501.3(d)).
Answer deadline
The defendant's answer is due "by the end of the 14th day after the day the defendant was served with the citation and petition," moving to the next day that is not a Saturday, Sunday or legal holiday, or to the next business day if the court closes before 5:00 p.m. that day (Rule 502.5(d)). If served by publication, the deadline is the end of the 42nd day after the citation was issued (Rule 502.5(e)).
Costs
Constable fees vary by county; see constable fees by county or compare with private servers using the cost estimator.
Quick answers
Who can serve small claims papers in Texas?
Rule 501.2(a): a sheriff or constable, a JBCC-certified process server, the court clerk (if served by registered or certified mail), or a person 18 or older authorized by court order. No one who is a party to or interested in the case may serve it.
How long does a defendant have to answer a Texas small claims case?
Rule 502.5(d): by the end of the 14th day after the day the defendant was served, moved to the next business day if that day is a weekend, legal holiday, or a day the court closes before 5:00 p.m. If served by publication, the answer is due by the end of the 42nd day after the citation was issued (Rule 502.5(e)).
What is the limit for small claims in Texas?
Rule 500.1(a): no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.
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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.