How a lawsuit starts, court costs, and the main stages

Filing a lawsuit sounds bigger than it is in mechanical terms. The paperwork has a clear order, and once you see it, the process becomes easier to follow. The harder questions are whether to sue at all, in which court, and before which deadline.

This page walks through the basic mechanics in Texas: what you file, what it costs, which court hears it, and what happens next.

A note: I describe the general framework. Whether you have a claim, against whom, and in which court, depends on your facts.

What is the first step to file a lawsuit?

The first step is a petition. In Texas, the document that starts a civil case is usually called an Original Petition. It names the parties, states the facts and legal claims, and says what you are asking the court to do.

You file the petition with the clerk of the court that has jurisdiction over the case. Lawyers in Texas file electronically, and many courts allow self-represented parties to e-file as well.

Before you file, check one thing in particular: the deadline. Claims must be brought within the statute of limitations, which differs by type of claim. This is explained in statutes of limitations.

Which costs are paid when filing?

Most cases involve at least two costs at the start: a filing fee paid to the clerk and a fee for serving the citation on the defendant. Service can be done by a sheriff, constable, or private process server.

The amounts depend on the court and county, and they change. The clerk publishes the current schedule, usually online. Treat any figure you see elsewhere as a starting point to confirm.

If you cannot afford the fees, you can file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. This is covered in legal aid.

Are costs really paid up front?

Generally yes, unless you file a statement of inability. The clerk collects the filing fee when the petition is filed, and service fees are paid when service is requested.

Later costs depend on how the case develops. The table shows the common cost items at a general level.

Cost item	What it covers	When it usually comes up	Where to check the amount
Filing fee	Opening the case with the clerk	When the petition is filed	Clerk's current fee schedule
Service of citation	Delivering the papers to the defendant	Right after filing	Constable, sheriff, or process server
Discovery costs	Deposition transcripts, records, copies	During discovery	Court reporter and vendor quotes
Mediator fee	The mediator's time, usually split	Before trial, if mediation is ordered or agreed	The mediator's fee schedule
Expert fees	Expert review and testimony, if needed	Discovery and trial	The expert's engagement terms
Attorney's fees	Your own lawyer's time	Throughout	Your written fee agreement

Court costs can sometimes be recovered from the losing party at the end. Attorney's fees are recoverable only when a statute or contract allows it.

What stages follow after the case is filed?

After filing and service, a civil case usually follows a recognizable path. Not every case goes through every stage, and many settle along the way.

1. 1

   Petition and service

   The petition is filed and the defendant is formally served

2. 2

   AnswerMonday after 20 days

   The defendant files an answer by the deadline

3. 3

   Discovery

   The parties exchange documents, written questions, and take depositions

4. 4

   Mediation and motions

   Many courts order mediation; parties may file motions such as summary judgment

5. 5

   Trial or settlement

   A judge or jury decides, or the parties settle

After judgment, either side may have a right to appeal within short deadlines. That stage is covered in appeals.

Which court should the case be filed in?

The right court depends mostly on the amount in dispute and the type of claim. In Texas, justice courts hear small claims cases up to $20,000 under simplified rules. County courts at law and district courts hear larger civil cases, and district courts have jurisdiction over matters such as divorce and title to land.

Location matters too. Venue rules decide which county the case belongs in, often the county where the defendant lives or where the events happened.

Filing in the wrong court or county can lead to transfer, delay, or dismissal. If you are unsure, check before filing.

How long does the defendant have to answer?

In Texas district and county courts, the answer is generally due by 10:00 a.m. on the Monday after 20 days from service (Texas Rule of Civil Procedure 99). The citation itself states the deadline.

Justice courts have their own rules, and the citation explains the deadline. In federal court, the general deadline is 21 days after service (Federal Rule of Civil Procedure 12(a)).

• Petition filed

  The plaintiff files and pays the fee or files a statement of inability

• Citation issued

  The clerk issues the citation for service

• Defendant servedkey deadline

  The answer deadline starts running

• Day 20 passes

  The deadline runs to the following Monday

• Answer duekey deadline

  By 10:00 a.m. on that Monday; otherwise default judgment is possible

If you were served, see sued for a debt for a practical look at the answer stage.

What should a first-time filer watch for?

Three things matter most. First, the deadline to file, because a late claim can be dismissed regardless of its merits. Second, the right court and county. Third, evidence: keep contracts, receipts, messages, and photos organized by date from the start.

It also helps to think about the end before the beginning. Even a judgment in your favor must be collected, so it is worth considering whether the other side has income or assets.

What is the short version?

A lawsuit starts with a petition, a fee or fee waiver, and service on the defendant. The answer deadline in Texas district and county courts is generally the Monday after 20 days from service, and the case then moves through discovery toward settlement or trial.

Costs vary by court and county, so check the clerk's current schedule rather than relying on numbers found elsewhere. This page is general information, not legal advice.