Justice of the Peace Montgomery County Precinct 3
Presided over by the Honorable Judge Matt Beasley, this court serves as a vital part of Montgomery County’s justice system, providing services related to civil disputes, eviction cases, and deed restriction enforcement. Located at 1520 Lake Front Circle, Suite 100, The Woodlands, Texas 77380, the court is a key resource for legal proceedings under $10,000 in dispute.
This blog addresses how individuals or businesses can enforce judgments obtained in Justice Court, focusing on collection tools like writs of garnishment on bank accounts. For those facing judgments, we offer bankruptcy services as a path toward financial relief.
The Path to Collections
If you’ve received a favorable judgment in Justice of the Peace Montgomery County Precinct 3, you might ask: “How do I collect my money?”
Step 1: Abstract of Judgment
An Abstract of Judgment creates a lien on the debtor’s non-exempt real property in the county where the abstract is filed.
- Where to File: File with the Montgomery County Clerk or other relevant county clerks.
- Cost: $5 for the original abstract.
Step 2: Writ of Execution
A Writ of Execution allows a sheriff or constable to seize certain non-exempt assets belonging to the debtor. These assets are auctioned to satisfy your judgment.
Step 3: Writ of Garnishment
This is the most effective tool for collecting from a debtor’s bank account.
- Eligibility: Available seven days after judgment, provided the debtor has no appeal pending.
- Limitations: Garnishment is limited to bank accounts; wages cannot be garnished under Texas law.
Step 4: Turnover Writ
This court order demands that a debtor turn over non-exempt assets, including tax refunds or other receivables.
For Debtors: Considering Bankruptcy to Address Judgments
If you face multiple judgments or overwhelming debt, bankruptcy can provide a fresh start.
Chapter 7 Bankruptcy
Eliminate most debts entirely, including judgments from Justice Court, while protecting exempt property under Texas law.
Chapter 13 Bankruptcy
Reorganize your debts into manageable payments over three to five years, stopping collection actions immediately upon filing.
How Bankruptcy Helps:
- Automatic Stay: Prevents further collection actions, including garnishments and executions.
- Relief Across All Creditors: Address all debts in one process.
- Cost Efficiency: Typically less expensive than negotiating individually with multiple creditors.
The Justice Court’s Role and Procedure
Justice of the Peace Montgomery County Precinct 3 handles civil suits up to $10,000, eviction cases, and certain deed restriction cases. Plaintiffs and defendants must follow specific rules to ensure the process is smooth and efficient.
Key Points for Filing and Representation
- Proper Identification: Accurate naming of plaintiffs and defendants is crucial to enforce judgments.
- Discovery Tools: Limited in small claims cases but allowed in justice court suits.
No Written Record
The court does not maintain transcripts of proceedings, so appeals require a bond and specific procedures.
