Justice of the Peace Grimes County Precinct 2: The Complexities of Collections and Bankruptcy
Location and Jurisdiction
Justice of the Peace Grimes County Precinct 2 is presided over by the Honorable Judge Lester Underwood. The court operates out of P.O. Box 266, 382 F.M. 149 West Anderson, Texas 77830. According to the Texas Constitution, counties are mandated to establish between one and eight justice of the peace precincts based on population. Grimes County has three Justice of the Peace courts.
Judge Lester Underwood holds jurisdiction over civil matters with a maximum amount in controversy of $10,000, excluding interest. The court also oversees eviction cases and enforcement of deed restrictions, excluding structural changes. Procedures for these courts are governed by Rule 523 of the Texas Rules of Civil Procedure, with the Texas Rules of Evidence applied as appropriate.
Filing a Small Claims or Justice Court Suit in Precinct 2, Grimes County
Venue and Jurisdiction
It is critical to ensure proper venue for lawsuits based on the defendant’s location or where the contract or damage occurred. The court only handles cases involving a maximum claim of $10,000 or less.
Damages
The amount sought must be supported by evidence, as claims cannot be artificially reduced to meet jurisdictional limits.
Parties to the Suit
Accurately identifying the plaintiff and defendant is crucial to avoid hindrances in judgment enforcement. This applies to individuals, proprietorships, partnerships, and corporations. For corporations, contact the Texas State Comptroller or Secretary of State for the registered agent’s details.
Collections: From Judgment to Reality
Securing a judgment is only the first step. Collecting on it is often a separate challenge. Texas law provides several mechanisms for enforcing judgments:
- Abstract of Judgment
Available 11 days post-judgment, the abstract creates a lien on non-exempt real property owned by the debtor. - Writ of Execution
Issued after 30 days, this allows seizure and sale of non-exempt personal property to satisfy the judgment. - Writ of Garnishment
This potent tool is available seven days post-judgment and enables creditors to target the debtor’s bank accounts. However, wages cannot be garnished under Texas law. - Turnover Orders
A court hearing may result in orders requiring the debtor to relinquish non-exempt property or refunds for judgment satisfaction.
The Bankruptcy Option
If you are a debtor grappling with an unmanageable judgment, bankruptcy may provide a path to financial relief. As an experienced bankruptcy attorney with 25 years of experience and over 4,000 cases filed in the Southern District of Texas, I can guide you through Chapter 7 or Chapter 13 bankruptcy. These options may allow you to discharge eligible debts or reorganize payments, depending on your financial situation.
