Justice court (small claims) judgments in Texas: the same clocks
Small claims in Texas are heard in justice court, before a justice of the peace. A justice court judgment can be small, but the statutes that set its interest, its dormancy clock and its abstract lien are the same ones that govern a judgment from a county or district court. Here is where each rule says so.
In short
- Justice courts hear civil claims of not more than $20,000, not counting interest (Gov't Code §27.031(a)(1); Tex. R. Civ. P. 500.1).
- A justice court money judgment earns post-judgment interest under Finance Code chapter 304, like any judgment of a Texas court.
- The dormancy rule names justice courts expressly: 10 years without a writ of execution (Civ. Prac. & Rem. Code §34.001(a)).
- The justice of the peace who rendered the judgment can issue an abstract, and its lien works as any other (Prop. Code §§52.002, 52.006).
What a justice court hears
A justice court has civil jurisdiction where "the amount in controversy is not more than $20,000, exclusive of interest" (Tex. Gov't Code §27.031(a)(1)). The justice court rules call most of these cases small claims cases, and a suit by an assignee, a debt collector, a financial institution or a lender to recover a debt is a debt claim case; both are capped at $20,000, excluding statutory interest and court costs (Tex. R. Civ. P. 500.1). The justice court rules set aside most of the other rules of civil procedure for the case itself, except where the judge or the law says otherwise (Rule 500.1(e)). Enforcing the judgment is one place the rules point back to the general rules.
Enforcement is the same as in county and district court
Rule 505.2 says "Justice court judgments are enforceable in the same method as in county and district court, except as provided by law." The same post-judgment rules apply, including Rule 627: a writ of execution may issue once 30 days have passed after the final judgment is signed or, if a timely motion for new trial is filed, 30 days after the motion is overruled, and the justice of the peace issues it on application. That writ is the event the dormancy clock counts.
A party may appeal a justice court judgment within 21 days after it is signed or, if a timely motion to reinstate, set aside or for new trial is filed, within 21 days after that motion is denied, including by operation of law (Rule 506.1(a)). The appeal is a trial de novo in county court: "a new trial in which the entire case is presented as if there had been no previous trial" (Rule 506.3).
Post-judgment interest
Finance Code §304.001 says "A money judgment of a court in this state must specify the postjudgment interest rate applicable to that judgment." A justice court is a court in this state, so its money judgments carry the same rate as any other Texas judgment rendered that month: the rate the Consumer Credit Commissioner publishes for the month of rendition, between 5% and 15% (§304.003), or for a judgment on a contract that provides for interest, the lesser of the contract rate and 18% a year (§304.002). Interest accrues and compounds the same way. See how post-judgment interest works.
Dormancy and revival
Civil Practice and Remedies Code §34.001(a) is written for "a judgment of a court of record or a justice court": if no writ of execution issues within 10 years after rendition, the judgment is dormant, and each writ starts a new 10-year period (§34.001(b)). A dormant justice court judgment can be revived within two years of dormancy under §31.006, which is not limited to any kind of court. See dormant judgments and reviving a dormant judgment.
As for any court, a judgment in favor of the State or a state agency is the exception: it does not become dormant, and its abstract lien lasts up to 20 years with one renewal (Prop. Code §52.006(b)). The rest of this guide does not cover those judgments.
The abstract and its lien
An abstract of a justice court judgment is prepared and certified by "the judge or justice of the peace who rendered the judgment," or the clerk of the court (Tex. Prop. Code §52.002(a)). Once recorded and indexed by the county clerk, it is a lien on the debtor's non-exempt real property in that county, for 10 years or until the judgment becomes dormant (§§52.001, 52.006(a)), exactly as for a district court judgment. See abstract of judgment.
Worked example
A justice court judgment is rendered on January 17, 2023, and an abstract is recorded in Bexar County on March 6, 2023. No writ has issued. The dates are the same as for a district court judgment rendered that day:
| Last day a writ can issue | January 17, 2033 |
|---|---|
| Dormant from | January 18, 2033 |
| Last day to revive | January 18, 2035 |
| Last day of the Bexar County lien | January 17, 2033 |
The lien ends the day before dormancy, a little short of its own 10 years, because the judgment would go dormant first. A writ issued before then would keep the judgment alive and let the lien run its full term.
Pending legal review These dates come from the same engine as JudgmentVault's calculators and use the date boundaries described above, which await review by counsel.
Sources
- Tex. Gov't Code §27.031: justice court civil jurisdiction: not more than $20,000, exclusive of interest.
- Tex. R. Civ. P. 500.1, 505.2, 506.1, 506.3: small claims and debt claim cases; enforcement as in county and district court; appeal within 21 days; trial de novo in county court.
- Tex. R. Civ. P. 627: execution may issue 30 days after the final judgment is signed, or after a motion for new trial is overruled.
- Tex. Fin. Code §§304.001–304.003: a money judgment of a court in this state must state its post-judgment rate; contract and monthly rates.
- Tex. Civ. Prac. & Rem. Code §34.001: dormancy applies to a judgment of a court of record or a justice court.
- Tex. Civ. Prac. & Rem. Code §31.006: revival within two years of dormancy.
- Tex. Prop. Code §§52.002, 52.006: the justice of the peace who rendered the judgment may issue the abstract; the 10-year lien.
The rules JudgmentVault applies, and which are still pending legal review, are listed rule by rule in how JudgmentVault calculates Texas judgments.