There is no minimum amount to start a legal action, but case value is an important consideration when deciding if the expense of collection warrants a demand letter, a lawsuit, or both. If the lawsuit is filed, the amount in issue determines where to file a legal action.
In the United States generally, there are courts in each state as well as a federal court system. In Texas, courts are established within the 254 counties making up the state. Within each county, there are several levels of state trial courts where commercial debt collection actions could be filed. For example, Houston is in Harris County, Texas. Within Harris County, there are “Justice Courts” which may hear cases where the “amount in controversy” is up to $20,000, “Constitutional County Courts” (or “County Courts at Law”) that may hear cases where the amount in controversy is up to $250,000, and “District Courts” which may hear any case (including those that could have been filed in Justice Courts and County Courts) without limit on amount in controversy.
Although most commercial debt collection disputes involving unpaid invoice claims are unlikely to reach this level, Texas now also has a specialized “Business Court” to handle certain types of large cases. The Business Court may hear disputes where the amount in controversy exceeds $5,000,000 and relate to “corporate governance disputes,” including internal affairs of organizations, securities/trade regulation claims, breaches of duty by owners/managerial officials, and actions under the Texas Business Organizations Code. The Business Court may also hear cases where the amount in controversy exceeds $10,000,000 (e.g., high-value construction contracts).
United States Federal District Courts also exist in each state. Some states have only one federal district, but Texas has four, further divided geographically into the Northern, Southern, Eastern and Western Districts. Each District is further divided into Divisions. For example, the Southern District of Texas has seven divisions, including the Houston Division which includes Harris County. Generally, a debt collection action may be filed in a federal court if the parties are “diverse” from each other, i.e., where one party is a foreign entity or a citizen of a foreign state and the other party is a citizen of one of the United States, and the amount in controversy is greater than $75,000.
When assessing amount in controversy in state or federal court, the focus is on the principal amount of the debt, and typically excludes other types of recovery, i.e., interest, statutory or punitive damages and penalties, and attorney’s fees and costs.