My neighbor’s contractor did $4,000 worth of damage to my fence and won’t pay. Do I need a lawyer to sue?
Not necessarily. Texas law makes it possible to pursue a claim like this without hiring an attorney. Cases like yours belong in justice court, often still referred to informally as “small claims court.” Justice court exists in large part so regular folks (non-lawyers) can resolve smaller disputes without hiring an attorney or losing years of their life to litigation.
Under Texas Government Code Section 27.031, justice courts can hear civil cases (but not divorces) involving up to $20,000 in damages, so your $4,000 fence claim fits with plenty of room to spare. Rule 500.3(a) of the Texas Rules of Civil Procedure explains what counts toward that cap: attorney’s fees are included, but statutory interest and court costs are not.
You will likely need to file the lawsuit in the Justice of the Peace court for the precinct where the contractor lives, where the damage happened, or where the contract (if there was one) was supposed to be performed. Filing fees are relatively modest, typically somewhere between $50 and $100 depending on the specific court.
Be sure to prepare your evidence. Bring photos, written estimates, and any texts or emails with the contractor or your neighbor. The remedy at a justice court will be money. The justice court cannot order the contractor to fix your fence. Your goal is to obtain a judgment you can enforce afterward. Justice court is a very practical, low-cost option that does not require you retain a lawyer.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
This article appears in August 21 • 2026.