Justice of the Peace Montgomery County Precinct 1
Presided over by the Honorable Judge Wayne L. Mack, this court serves as a cornerstone of justice in Montgomery County. Located at 19380 Highway 105 West, Ste 507, Montgomery, Texas 77356, the court handles various civil matters, including disputes under $10,000, eviction cases, and enforcement of deed restrictions.
This blog explores how to collect on a judgment received in Justice Court, emphasizing tools like writs of garnishment on bank accounts. For debtors, we highlight how bankruptcy can provide a legal solution to escape financial burdens and judgments.
How to Collect Your Judgment
Receiving a judgment is only the first step; the challenge lies in enforcing it. Below are the tools available in Justice of the Peace Montgomery County Precinct 1 to help collect the money owed to you:
Step 1: Abstract of Judgment
An Abstract of Judgment creates a lien on the debtor’s non-exempt real property in the county where it is filed.
- Where to File: File with the Montgomery County Clerk or in any county where the debtor may own real property.
- Cost: $5 per original abstract.
Step 2: Writ of Execution
A Writ of Execution allows law enforcement to seize and auction certain non-exempt personal property of the debtor to satisfy the judgment.
Step 3: Writ of Garnishment
The most effective collection tool is garnishment, allowing you to seize funds directly from a debtor’s bank account.
- When Available: Seven days after the judgment, provided no appeal is pending.
- Important Note: Texas law allows garnishment of bank accounts but prohibits garnishment of wages.
Step 4: Turnover Writ
This court order compels the debtor to turn over non-exempt assets such as tax refunds or funds held in non-bank accounts.
For Debtors: Bankruptcy as a Path to Relief
Facing a judgment can be overwhelming, especially if you have multiple debts. Filing for bankruptcy can stop collection efforts and provide financial relief.
Chapter 7 Bankruptcy
This option wipes out most unsecured debts, including judgments, while protecting exempt property under Texas law.
Chapter 13 Bankruptcy
Reorganize your debts into a manageable repayment plan over 3-5 years, stopping collection actions immediately upon filing.
Benefits of Bankruptcy:
- Automatic Stay: Stops all collection actions, including garnishments and property seizures.
- Comprehensive Relief: Address all debts at once, rather than negotiating with each creditor individually.
- Cost-Effective: Filing for bankruptcy is often less expensive than settling with multiple creditors.
Justice Court Process Overview
The Justice of the Peace Montgomery County Precinct 1 court handles a wide range of civil suits, eviction cases, and small claims. Plaintiffs and defendants must adhere to specific procedural rules to ensure fairness.
Filing a Suit
- Claims must not exceed $10,000, excluding interest.
- All evidence and damages must be supported with documentation.
Representation
Parties may represent themselves or hire an attorney.
Trial and Appeal
- Cases are typically set for trial 45 days after the defendant files a response.
- Appeals must be filed within 10 days of the judgment.
