When you finally win a lawsuit in Justice Court, securing a judgment can feel like a major victory—but the battle isn’t over. A judgment is just a piece of paper until you take steps to collect. If you’re on the other side of this fight—someone facing a judgment—there’s a way out: bankruptcy. As a former bankruptcy attorney with 25 years of experience and over 4,000 cases filed in the Southern District of Texas, I understand both sides of the debtor-creditor battlefield.
This blog explores the Justice Court process with a focus on collections and garnishments, while also presenting options for debtors facing judgment collections.
Justice Courts in Texas: The Starting Point
Justice Courts handle civil matters where the amount in controversy is $10,000 or less (exclusive of interest). In Madison County, for instance, there are two Justice Courts, each serving as a frontline for small claims, evictions, and enforcement suits.
Justice Court judges, like the Honorable Judge Jon Stevens of Madison County Precinct 1, follow rules from the Texas Rules of Civil Procedure and the Texas Rules of Evidence. While Justice Courts don’t maintain written records or allow recording devices, they do provide a simple venue to resolve disputes.
Winning a Judgment: The Collection Problem
Obtaining a judgment is only the first step. Collecting it is another story. Texas law provides creditors with tools like Abstracts of Judgment, Writs of Execution, and Writs of Garnishment to pursue payment.
Abstract of Judgment
An abstract creates a lien against the debtor’s real property. Filing it with the county clerk in any county where the debtor owns property alerts the world to the debt.
Writ of Execution
This writ allows a sheriff or constable to seize non-exempt property (like vehicles, art, or non-homestead real estate) for auction. However, most Texans’ major assets—homesteads, retirement accounts, and essential personal property—are protected by state exemptions.
Writ of Garnishment
For many creditors, this is the real weapon. A garnishment targets bank accounts, freezing funds before the debtor even knows what’s happening. Texas law prohibits garnishing wages, but bank accounts are fair game.
For the Debtor: Facing a Judgment Collection
If you’re a debtor facing collection efforts, options exist. Here’s how you can protect yourself:
- Know Your Exemptions Texas law shields your homestead, retirement accounts, and essential personal property. However, bank accounts are vulnerable unless they hold exempt funds like Social Security or veterans’ benefits.
- Negotiate Some creditors will settle for a fraction of the judgment. Negotiating a lump sum or payment plan might resolve the matter without additional court action.
- Challenge the Judgment Was the judgment obtained improperly? Were you served correctly? If not, you might have grounds to contest it.
- File Bankruptcy If you face multiple judgments or overwhelming debt, bankruptcy can provide a fresh start. Chapter 7 can discharge most unsecured debts, while Chapter 13 offers a structured repayment plan. Filing for bankruptcy immediately halts garnishments and other collection actions.
Justice Court Logistics: Filing and Procedure
Filing a Lawsuit
To initiate a suit, creditors must file in the proper venue. The amount sought, supported by evidence, determines whether the case falls within the Justice Court’s jurisdiction.
Service of Citation
The defendant must be served properly. If service isn’t correct, a motion to dismiss can be filed.
Discovery and Trial
Limited discovery is allowed, including interrogatories and requests for production. Justice Court trials are informal but still adhere to evidentiary rules.
Shakedown or Fresh Start? Your Path Forward
For creditors, collection tools like garnishments and executions provide leverage. For debtors, exemptions and bankruptcy offer protection. The choice often comes down to whether you want to escalate a battle or find peace through resolution. As someone who has walked countless debtors through the bankruptcy process, I can attest to its power to halt the chaos and deliver relief.
