Justice of the Peace Waller County Precinct 3
When it comes to justice courts, many people focus on winning their judgment. But what happens after the judge rules in your favor? Securing a judgment is only half the battle—the real challenge often lies in collecting what you’re owed. This blog explores how justice courts function and highlights the tools available for enforcing your judgment, with a focus on collections through writs of garnishments on bank accounts.
As a former debtor’s attorney with 25 years of bankruptcy experience and over 4,000 Chapter 7 and 13 cases filed in the Southern District of Texas (Houston and Galveston divisions), I understand the complexities of Texas exemptions and the nuances of collecting from debtors. If you’re a debtor facing financial struggles or a creditor seeking to enforce a judgment, this guide is for you.
Understanding Justice Courts and Their Jurisdiction
Justice of the Peace (JP) courts are designed to handle small claims and other civil matters with amounts in controversy of up to $10,000 (excluding interest). In Waller County Precinct 3, Judge Marian Jackson presides over cases involving eviction, small claims, and deed restrictions that don’t involve structural changes to dwellings.
While these courts make it relatively easy to file and resolve disputes, collecting on a judgment can be another story entirely.
You Won—Now What? How to Collect on Your Judgment
Winning a case doesn’t guarantee payment. Here are the main tools available for creditors to enforce a judgment:
- Abstract of Judgment
- Filing an abstract of judgment creates a lien on the debtor’s non-exempt real property in the county where it’s recorded. This step can encourage payment as it clouds the debtor’s title.
- Writ of Execution
- After 30 days, a writ of execution allows a sheriff or constable to seize the debtor’s non-exempt personal property for sale at auction to satisfy the judgment.
- Writ of Garnishment
- Perhaps the most effective tool, a writ of garnishment targets the debtor’s bank accounts. This process can freeze funds and direct them to you, provided the accounts aren’t exempt under Texas law.
- Turnover Order
- This involves a court hearing to identify non-exempt assets and ensure their transfer to satisfy the judgment. This can include non-exempt funds, property, or even tax refunds.
Challenges in Collection
- Exempt Property
Texas has some of the most debtor-friendly exemptions in the nation, protecting items like homesteads, personal property up to a certain value, wages, and retirement accounts. - Locating Assets
Collecting requires diligence. Tools like post-judgment discovery (interrogatories, depositions, or subpoenas) can help identify the debtor’s assets. - Bankruptcy Filings
Many debtors turn to bankruptcy as a last resort to stop collection efforts. As a bankruptcy attorney, I offer services tailored to debtors in these situations, helping them navigate Chapter 7 or 13 filings to protect their assets and find a path forward.
How the Justice Courts Work
Justice courts are informal but governed by the Texas Rules of Civil Procedure and Evidence. Cases are filed based on venue rules, and parties may represent themselves or hire attorneys. After trial, a losing party has 10 days to appeal, but if no appeal is filed, enforcement options become available.
Why Bankruptcy May Be the Solution for Debtors
If you’re a debtor facing aggressive collection tactics, bankruptcy can offer relief. Chapter 7 can discharge unsecured debts like credit card balances and judgments, while Chapter 13 can help restructure debts into manageable payments. My extensive experience ensures that I can help you protect your assets and rebuild your financial life.
