The Justice of the Peace Galveston County Precinct 5 is presided over by the Honorable Darrell A. Apffel. The court is located at 2516 Texas Avenue, Texas City, Texas 77590.
The Collection Journey: Judgment to Recovery
You’ve won your case, and now you have a judgment against the debtor. What happens next? Turning that piece of paper into actual dollars can be tricky. In my 25 years of experience as a debtor’s attorney, I’ve seen the challenges creditors face in recovering debts and the immense relief debtors feel when bankruptcy provides them with a fresh start.
This guide breaks down how to collect your judgment while offering bankruptcy services for debtors facing garnishments or other collection actions.
Understanding the Court’s Role
Venue and Jurisdiction
Justice of the Peace courts in Texas are constitutionally required in every county. Galveston County has nine Justice of the Peace courts. Precinct 5, presided over by Judge Darrell A. Apffel, has jurisdiction over:
- Civil cases with controversies of $10,000 or less (exclusive of interest).
- Enforcement of deed restrictions (non-structural).
- Eviction cases.
For small claims and justice court suits, ensure you’re filing in the correct precinct.
Turning Your Judgment Into Cash
1. Abstract of Judgment
After 11 days from the judgment date, you can file an Abstract of Judgment. This places a lien on any real property the debtor owns in the county where the abstract is recorded. Filing cost: $5.
2. Writ of Execution
Starting 30 days after the judgment, this allows the constable or sheriff to seize non-exempt debtor property. The property is sold at auction, with proceeds applied to your judgment.
3. Writ of Garnishment
Available seven days after the judgment, this tool targets debtor bank accounts. Texas law protects wages but allows garnishment of bank funds. The writ must comply with specific legal requirements to succeed.
4. Turnover Writ
This involves a court hearing and could turn over non-exempt assets or tax refunds directly to you.
Bankruptcy: The Debtor’s Shield
As a debtor’s attorney, I’ve helped thousands of clients avoid harsh collection actions by filing for bankruptcy. If you’re facing garnishments or fear losing critical assets, Chapter 7 or Chapter 13 bankruptcy may be the solution.
Chapter 7
Eliminates most debts, allowing a fresh start.
Chapter 13
Reorganizes debts into manageable payments over 3-5 years.
Bankruptcy stops collection actions immediately, including garnishments, giving debtors breathing room to rebuild their financial lives.
Know Your Legal Rights
For Creditors
- Ensure proper service of citations to avoid case dismissal.
- Name the defendant correctly (individual, partnership, or corporation).
For Debtors
- Verify the legality of the judgment. Was it correctly served? Are the amounts accurate?
- Know your exemptions: homestead, personal property, and retirement accounts are often protected under Texas law.
