Justice of the Peace Fayette County Precinct 3: The Battle Between Creditors and Debtors
Justice of the Peace Fayette County Precinct 3 is presided over by Honorable Judge Charles Zapalac. The court is located at P.O. Box A, Flatonia, TX 78941. It operates as a key venue for creditors and debtors to settle financial disputes, whether it’s small claims or collections on judgments. But winning a judgment is just the beginning—how do you actually collect what you’re owed?
Understanding the Justice Court’s Role
The Texas Constitution requires each county to establish between one and eight justice of the peace precincts, based on population. Fayette County has four Justice of the Peace courts. Judge Charles Zapalac oversees cases involving civil disputes where the amount in controversy does not exceed $10,000, excluding interest.
Before 2007, the court’s jurisdiction was limited to $5,000. In addition to civil cases, Judge Zapalac handles eviction cases and deed restriction enforcement that doesn’t involve structural changes to dwellings.
The Justice Courts are guided by Rules 523 of the Texas Rules of Civil Procedure, supplemented by the Texas Rules of Evidence (Rule 101).
You Have the Judgment. Now What?
Winning a case in Justice Court might feel like victory, but it’s only the first step. Many creditors quickly realize that obtaining payment can be a far bigger challenge. Let’s break down the collection process, especially focusing on writs of garnishment, one of the most powerful tools available.
Step 1: Filing Your Case
If you’re a creditor filing a small claims suit in Fayette County Precinct 3:
- Venue Matters: Ensure the case is filed in the proper jurisdiction.
- Amount in Controversy: Must not exceed $10,000 for Justice Court suits or Small Claims Court cases.
- Damages: Always provide evidence to support the amount being claimed.
Step 2: Service of Citation
Citations must be served on the defendant by the Constable or Sheriff in the appropriate county. If service is unsuccessful, it’s your responsibility to provide updated information to facilitate the process.
Step 3: The Judgment
Once a judgment is rendered, the defendant has 10 days to file an appeal or motion for a new trial. If they fail to do so, creditors can take further steps to enforce the judgment.
The Art of Collections
Here’s where the shakedown begins—legally, of course. A judgment alone doesn’t guarantee payment. Creditors must act strategically to secure the funds owed.
1. Abstract of Judgment
An abstract of judgment can be filed with the Recorder’s Office in any county where the debtor may own property. This action creates a lien on the debtor’s non-exempt real estate, ensuring you’re first in line for payment should the property be sold.
2. Writ of Execution
After 30 days, you can request a writ of execution. This allows law enforcement to seize non-exempt property from the debtor, auction it, and use the proceeds to satisfy the judgment.
3. Writ of Garnishment
One of the most effective tools, a writ of garnishment targets the debtor’s bank accounts (but not wages in Texas). Here’s how it works:
- After seven days from the judgment date, creditors can file for garnishment.
- The debtor’s bank is notified and funds in the account are frozen until the court determines the allocation.
4. Turnover Writs
For non-exempt assets like tax refunds, a turnover writ may be pursued. This requires a separate court hearing but can be an effective option when other methods fail.
Debtors: Considering Bankruptcy?
If you’re a debtor feeling overwhelmed by collection efforts, you’re not alone. As a bankruptcy attorney with over 25 years of experience, having filed more than 4,000 Chapter 7 and 13 cases, I’ve seen firsthand how bankruptcy can provide a fresh start.
Texas Bankruptcy Protections
Texas exemptions are among the most generous in the country, protecting many assets like homesteads, retirement accounts, and personal vehicles. Bankruptcy can:
- Halt garnishments through an automatic stay.
- Discharge most debts, providing relief from relentless collection efforts.
- Offer a clear path forward to financial stability.
If you’ve been hit with a judgment or are facing aggressive collection tactics, it’s time to explore your options.
Justice Court Logistics
Fayette County Precinct 3 provides an accessible venue for resolving financial disputes, but the process requires precision. Whether you’re a creditor chasing what’s owed or a debtor seeking relief, understanding the rules and leveraging the right strategies can make all the difference.
