Do I need a lawyer for a small claims case?

You are not required to have a lawyer in a small claims case. Justice courts are less formal than the district or county courts, and people often represent themselves instead of hiring an attorney.

Rule 500.4 of the Texas Rules of Civil Procedure allows an individual to represent themselves or be represented by an attorney. This rule also states that in some cases, the court may allow a person to be assisted by a family member or other person who is not being paid.

However, a lawyer is highly recommended if:

• You have questions about the legal aspects of your case;
• The other party has legal representation; or
• You don’t feel comfortable representing yourself in court.

The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

You may also want to review the library’s Small Claims Cases guide for general information about the filing process, links to sample forms, and additional resources to learn about small claims.

Related FAQs & Guides  

FAQs  

• What’s the maximum amount I can sue for in a small claims court? 
• How do I sue a business in small claims court?
• Which small claims court should I file my lawsuit in? 
• Can I appear remotely at my small claims hearing?
• Can I file my small claims case online?
• Do I have to live in Texas to file a small claims suit there? 

Guides

• Small Claims Cases