Justice of the Peace Brazos County Precinct 4, led by the Honorable Judge Darrell Booker, addresses civil disputes where amounts in controversy are $10,000 or less. But what happens after you win a judgment in court? Collecting from a debtor can be complex, requiring precise legal action to ensure success. Here’s how you can enforce your judgment and navigate collections, while also exploring bankruptcy options if you’re on the debtor’s side.
The Role of Justice of the Peace Courts
Judge Darrell Booker oversees a range of civil matters, from money damages to eviction cases. While securing a favorable judgment is a critical first step, enforcing that judgment often involves additional legal mechanisms:
- Abstract of Judgment: Record the judgment to establish a lien on the debtor’s property.
- Writ of Execution: Seize non-exempt assets for auction to satisfy the debt.
- Writ of Garnishment: Target the debtor’s bank accounts to recover owed amounts.
If you’re struggling to enforce your judgment, hiring an experienced attorney can streamline the process.
Collection Options After a Judgment
1. Abstract of Judgment
For just $5, you can obtain an Abstract of Judgment. This creates a lien on real property owned by the debtor in Brazos County or elsewhere in Texas. Filing at the county recorder’s office secures your interest.
2. Writ of Execution
After 30 days, a Writ of Execution can allow law enforcement to seize and auction non-exempt property. Items like vehicles or valuable equipment might be eligible.
3. Writ of Garnishment
Within seven days of judgment, you may petition the court for a Writ of Garnishment. Bank accounts can be targeted, though wages are protected under Texas law.
4. Turnover Writ
Through a court hearing, you can seek a turnover of non-exempt assets or tax refunds, further broadening your collection avenues.
Bankruptcy: A Shield for Debtors
For debtors overwhelmed by multiple judgments or high debt levels, bankruptcy offers a legal solution:
- Chapter 7 Bankruptcy eliminates most debts, offering a fresh start.
- Chapter 13 Bankruptcy allows for debt reorganization over 3-5 years.
Texas exemptions, such as protection for homesteads, wages, and retirement accounts, help debtors retain essential assets while managing their obligations.
Legal Guidance for Collections and Bankruptcy
Whether you’re enforcing a judgment or defending against one, specialized legal expertise is essential. We’ve helped clients in Brazos County and beyond navigate:
- Justice Court procedures and enforcement strategies.
- Bankruptcy filings to eliminate or reorganize debt.
