Justice of the Peace Harris County Precinct 2 Place 1
If you’ve been sued by a creditor in Justice of the Peace Harris County Precinct 2 Place 1, you have several options to manage your situation. Many creditors and debt buyers, such as Midland Funding LLC, Portfolio Recovery Associates, and American Express, have filed thousands of lawsuits in this court. Understanding your options—whether negotiating, defending, or considering bankruptcy—can help you take control of the situation.
Your Options When Sued by a Creditor
1. Negotiate a Settlement
If you owe the money and want to settle, negotiating directly or through an attorney can often result in better terms. Attorneys may secure lower lump-sum payments or favorable installment plans.
2. Fight the Lawsuit
Defending yourself may be worth it if:
- You don’t owe the debt (e.g., it’s already paid, the amount is incorrect, or it’s not your account).
- The creditor violated Texas law by suing outside the 4-year statute of limitations.
- The lawsuit targets the wrong person or lacks proper legal procedure.
Hiring a law firm experienced in litigation and trials can increase your chances of success.
3. File a Counterclaim
If the creditor owes you money or violated debt collection laws, you can file a counterclaim. An experienced attorney can help you pursue compensation.
4. Respond to Improper Notification
If you weren’t properly served, you could file a motion to dismiss or request proper service.
5. Do Nothing
While ignoring a lawsuit is an option, it often results in a default judgment. The creditor may then pursue actions like:
- Abstract of Judgment: Placing a lien on your property.
- Writ of Execution: Seizing non-exempt assets for auction.
- Writ of Garnishment: Freezing and collecting funds from your bank accounts.
It’s essential to understand which of your assets are protected under Texas exemptions:
- Protected: Homestead, wages, retirement plans, vehicles, and household furnishings (up to set limits).
- Non-Exempt: Bank accounts, investment properties, and luxury items.
6. File for Bankruptcy
If this lawsuit is one of many debts, bankruptcy may offer the most comprehensive relief. Bankruptcy consolidates all your debts into one case, often costing less than settling multiple lawsuits individually. It provides:
- Immediate protection through an automatic stay, halting collections.
- Long-term solutions to discharge or restructure debts.
What Happens After a Default Judgment?
If you don’t respond to a lawsuit, creditors may take additional steps to collect:
Abstract of Judgment
A lien may be placed on any real property you own, making it difficult to sell or refinance.
Writ of Execution
Non-exempt property can be seized by the sheriff or constable for auction.
Writ of Garnishment
Creditors can freeze and collect funds from your bank accounts. Texas law, however, protects wages and retirement accounts.
Turnover Writ
Courts can order you to surrender non-exempt assets, including tax refunds or other financial accounts.
About Justice of the Peace Harris County Precinct 2 Place 1
Located at 10851 Scarsdale, Houston, TX 77089, this court is presided over by the Honorable Judge Jo Ann Delgado. The court has jurisdiction over civil cases with amounts in controversy up to $10,000, including debt lawsuits, deed restriction enforcement, and eviction cases.
