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Texas · Demand letters and small claims

Texas consumer law is on your side. Use it.

Texas statutes spell out exactly what a landlord, contractor, or business owes you, and exactly what happens when they don't pay. The question isn't whether you have a case. It's whether you send the right letter before you file. We'll help you do both.

$20,000
Small claims limit in Texas
$54
Typical filing fee
85%
Of demand letters paid before court action
1 day
From payment to USPS mailing
Written by
Suna Gol
Fact-checked by
Anderson Hill
Legally reviewed by
Jonathan Alfonso
Last updated

What Texas law actually gives you

Texas consumer and tenant statutes are more specific than most people realize. The deposit chapter of the Texas Property Code, for example, doesn't just say "give the money back." It sets a hard 30-day deadline, requires an itemized written accounting for any deductions, puts the burden of proof on the landlord, and then adds a $100 fixed penalty plus a 3× multiplier on the wrongfully withheld amount if bad faith is proven. That's Tex. Prop. Code §§ 92.103, 92.104, and 92.109 working together.

The same approach shows up in Texas Business & Commerce Code provisions covering deceptive trade practices, in contractor licensing statutes, and in auto repair rules. Texas tends to give consumers a defined timeline, a defined consequence for violations, and a court system, the Justice of the Peace Courts, designed to handle disputes without requiring an attorney. When you cite the right statute in a formal demand letter, most recipients recognize the exposure and pay.

Send the letter. File only if you have to.

The goal is your money back, not a court date. A well-written demand letter that names the applicable statute, states the amount owed, and gives a firm response deadline does most of the work without you ever appearing before a judge. Eighty-five percent of disputes that get a formal, attorney-reviewed demand letter resolve before filing. That's the typical outcome. Court is the exception.

If the other side ignores the letter or responds with bad-faith delay, you're in a stronger position when you do file. You've documented that you gave them a reasonable opportunity to pay. Texas Justice Courts see that clearly. For amounts up to $20,000, you represent yourself, bring your evidence, and present your case directly to the judge.

What Sue.com does for Texas residents

We build your demand letter around the specific Texas statute that fits your dispute, not a generic form that could apply to any state. Every letter is attorney-reviewed before it leaves our hands. We print it on formal dispute resolution letterhead, mail it USPS Certified Mail with tracking, and give you a case dashboard so you know exactly when the other side received it.

If the letter doesn't produce a response, we prepare your Texas Justice Court filing packet: the correct court forms for your county, a step-by-step filing guide, an evidence checklist tailored to your dispute type, and a hearing-prep brief that tells you what to say, what to bring, and what questions to expect. Demand letters start at $129. Small claims prep starts at $249.

Your two options in Texas

Most disputes settle before a courtroom is involved. Start with a demand letter; file small claims only if the letter is ignored.

Step one

Demand Letter in Texas

A formal letter citing Texas statute, mailed USPS Certified. 85% of recipients pay before court.

$129one-time
Explore Texas demand letters

If the letter fails

Small Claims Prep in Texas

A court-ready filing packet built for your Texas county, with forms, fees, and hearing prep.

$249one-time
See Texas small claims prep

Common Texas disputes we help with

Pick the situation that looks closest to yours. Each page covers the relevant Texas statute, timeline, and what you can realistically recover.

Texas questions, answered

How much can I sue for in Texas small claims court?
Texas Justice Courts hear claims up to $20,000, which is one of the highest small claims caps in the country. Most individual disputes, including withheld deposits, unpaid contractor refunds, and property damage, fall well within that ceiling. Filing fees are typically modest, and you don't need an attorney to represent you at the hearing.
Do I need to send a demand letter before filing in Texas small claims?
Texas does not require a demand letter by statute, but judges take it seriously when you can show you gave the other side a fair chance to pay before filing. It also happens to be where most disputes end. 85% of demand letters result in payment before anyone walks into a courthouse.
How long do I have to file a claim in Texas?
Statutes of limitations vary by claim type. Breach of a written contract: 4 years. Breach of an oral contract: 4 years. Personal property damage: 2 years. Security deposit recovery: 2 years from the date the deposit should have been returned. If you're close to your deadline, act now, not next week.
What is the bad-faith penalty for security deposits in Texas?
Under Tex. Prop. Code § 92.109, a landlord who withholds a deposit in bad faith owes you $100 plus three times the amount wrongfully kept, plus your reasonable attorney's fees. That penalty structure gives a demand letter serious weight. Most landlords would rather refund the deposit than risk a 3× judgment.
Can a Texas landlord deduct from my deposit without telling me why?
No. Tex. Prop. Code § 92.104 requires a written, itemized list of all deductions within the same 30-day return window. If the landlord keeps any portion of your deposit without providing that accounting, the burden is on them to prove the deductions were lawful. That burden shift matters in court.

Your next step

Send a Texas demand letter this week. Paid by the next.

Attorney-reviewed, Texas-specific, mailed USPS Certified. Most disputes resolve before court.

Start for $12924-hour satisfaction guarantee · No retainer