Justice of the Peace Galveston County Precinct 6
The Justice of the Peace Galveston County Precinct 6 is presided over by the Honorable Pat Vondra and is located at 946 Noble Carl Rd., Crystal Beach, Texas 77650. In Galveston County, there are 9 Justice of the Peace Courts, each addressing various legal matters. But what happens when you win a judgment? How do you collect it? Let’s explore the collections process, focusing on writs of garnishment, and how bankruptcy services can be a solution for debtors facing financial challenges.
Understanding Justice Courts and Their Role in Collections
Justice of the Peace courts in Texas handle civil matters where the amount in controversy does not exceed $10,000, exclusive of interest. Before 2007, the limit was $5,000. These courts also handle eviction cases and deed restriction enforcement, making them accessible for smaller claims.
When you’ve won a judgment in Justice Court, the real challenge begins: collecting the money owed to you. This involves navigating legal processes such as garnishments, writs of execution, and turnover orders.
How to Collect on a Judgment
1. Abstract of Judgment
Once you’ve secured a judgment, you can file an abstract of judgment. This document creates a lien on the debtor’s real property in the county where it is recorded. However, this only works if the debtor owns property.
2. Writ of Garnishment
A writ of garnishment is one of the most effective tools for collecting a judgment. It allows you to seize funds directly from the debtor’s bank account. Here’s how it works:
- File for a writ of garnishment in the Justice Court.
- The court orders the bank to freeze the debtor’s account.
- Funds are directed to satisfy the judgment.
3. Writ of Execution
A writ of execution empowers a sheriff or constable to seize the debtor’s non-exempt property. The property is auctioned, and the proceeds are used to satisfy the judgment.
4. Turnover Orders
This court order requires the debtor to turn over non-exempt assets to satisfy the judgment. It’s often used in cases where assets are difficult to seize directly.
Debtor’s Dilemma: How Bankruptcy Can Help
If you’re a debtor facing collection efforts, including garnishments, bankruptcy might provide a fresh start. As a debtor’s attorney with 25 years of experience and over 4,000 bankruptcy cases filed, I’ve helped countless clients protect their assets and eliminate overwhelming debt.
Chapter 7 Bankruptcy
- Discharges most unsecured debts.
- Stops garnishments, lawsuits, and other collection activities.
- Protects exempt property, such as your home and retirement accounts.
Chapter 13 Bankruptcy
- Allows you to reorganize your debts into a manageable payment plan.
- Stops foreclosure and garnishments while allowing you to keep your assets.
- Typically lasts 3 to 5 years.
Logistics of Justice Courts
Justice Courts are not courts of record, meaning proceedings are not officially transcribed. Discovery is limited, but tools like subpoenas and interrogatories can still be used to gather evidence.
If a debtor does not respond to a lawsuit, the creditor may obtain a default judgment, which sets the stage for collection actions like garnishments and property seizures.