From Debtor Representation to Creditor Advocacy
For over 25 years, I represented debtors in bankruptcy cases, filing more than 4,000 Chapter 7 and Chapter 13 petitions. Now, I focus exclusively on helping creditors recover judgments and enforce their rights. My experience working on both sides of these legal matters gives me a unique perspective to protect creditors’ interests in Justice of the Peace Brazos County Precinct 2.
Overview of Justice of the Peace Brazos County Precinct 2
The Justice of the Peace Brazos County Precinct 2 court, located at 200 S. Texas Ave., Suite 126, Bryan, Texas, hears civil cases involving amounts in controversy of up to $10,000, excluding interest. This includes:
- Small Claims: Money damages up to $10,000.
- Justice Court Suits: Money damages, possession of real property, and lien enforcement.
- Evictions and Deed Restrictions: Cases concerning residential subdivisions without structural changes.
Rules governing the court include the Texas Rules of Civil Procedure and Texas Rules of Evidence, applied as appropriate for small claims and justice court proceedings.
Filing a Lawsuit in Precinct 2
Proper Venue and Jurisdiction
Determine the correct venue for your lawsuit based on the defendant’s location or the property in question. The court’s jurisdiction is limited to claims under $10,000.
Naming the Plaintiff and Defendant Correctly
Accurate naming of all parties is critical to avoid procedural issues:
- Individual Defendants: Sue the person directly responsible for damages.
- Proprietorship or Partnership: Name the business and ensure its assumed name is properly filed.
- Corporation: Identify the registered agent through the Texas Secretary of State or Comptroller’s Office.
Post-Filing Process
- Service of Citation:
- Citations must be served personally by a sheriff or constable.
- Creditors should ensure the correct address is provided for efficient service.
- Defendant’s Answer:
- Defendants must file a written answer by the Monday following 10 days after service.
- Discovery:
- In justice court, discovery tools such as interrogatories and requests for admissions may be used with the court’s permission.
- Trial Preparation:
- Trials are typically set after 45 days if an answer is filed. Witnesses and documents should be subpoenaed in advance if necessary.
Judgment Collection in Precinct 2
If you obtain a judgment, several tools are available to recover the owed amount:
- Abstract of Judgment: File this in any county where the debtor may own property to create a lien.
- Writ of Execution: Authorizes the seizure and sale of non-exempt property.
- Writ of Garnishment: Allows creditors to access bank accounts (but not wages) after 7 days.
- Turnover Writ: Requires a court hearing for turnover of non-exempt property or tax refunds.
My Role as a Creditor Advocate
As a former debtor attorney, I understand the common defenses and tactics debtors use. Now, I leverage this insight to help creditors:
- Properly document claims and evidence.
- Enforce judgments efficiently.
- Navigate procedural hurdles in small claims and justice courts.
Areas of Service
I represent creditors in Brazos County, including the cities of Bryan, College Station, Kurten, Millican, and Wixon Valley. Additionally, I handle cases across Texas counties such as Brazoria, Chambers, Galveston, Matagorda, Austin, and many more.
Contact Me Today
If you need assistance collecting a judgment or enforcing your rights in Justice of the Peace Brazos County Precinct 2, contact me for a consultation. With decades of experience, I can help you secure the results you deserve.
