Justice of the Peace Montgomery County Precinct 4
Located at 21130 Legion Rd, Ste 110, New Caney, Texas 77357, and presided over by the Honorable Judge Jason Dunn, this court serves as a key venue for resolving civil disputes and other legal matters. Justice of the Peace courts in Texas have jurisdiction over cases involving amounts in controversy up to $10,000, excluding interest, and include claims such as deed restrictions, evictions, and more.
This blog focuses on how to collect on a judgment awarded in Justice Court while providing valuable information for debtors about bankruptcy as a potential financial solution.
How to Enforce a Judgment: Collection Tools
After securing a judgment, enforcing it can be challenging. Below are tools available to collect money owed to you:
1. Abstract of Judgment
- Purpose: Creates a lien on the debtor’s non-exempt real property in the county where filed.
- Where to File: Montgomery County Clerk or other counties where the debtor may own property.
- Cost: $5 per original abstract.
2. Writ of Execution
Allows the seizure of certain non-exempt personal property by law enforcement, which can then be auctioned to satisfy the judgment.
3. Writ of Garnishment
- Purpose: Seize funds directly from the debtor’s bank accounts.
- Availability: Seven days after the judgment is final, provided there is no pending appeal.
- Note: Texas law prohibits garnishment of wages.
4. Turnover Writ
This court-ordered tool compels the debtor to turn over non-exempt property, including tax refunds or funds held in accounts, directly to the creditor.
For Debtors: Bankruptcy as a Path to Relief
For those struggling to pay a judgment or other debts, bankruptcy may offer a legal and effective solution. Filing for bankruptcy can halt all collection actions, including garnishments, while providing a structured approach to resolving debt.
Bankruptcy Options
- Chapter 7 Bankruptcy: Eliminates most unsecured debts, including judgments, while protecting exempt assets like homestead properties under Texas law.
- Chapter 13 Bankruptcy: Reorganizes debts into a manageable repayment plan over 3-5 years.
Justice Court Process Overview
Justice of the Peace Montgomery County Precinct 4 follows Texas Rules of Civil Procedure and Evidence, ensuring a fair legal process for plaintiffs and defendants.
Filing a Suit
- Claims must be under $10,000.
- Plaintiffs must provide detailed documentation supporting damages.
Trial and Representation
- Self-representation is allowed, but hiring an attorney is recommended for complex cases.
- Written notice of trial is provided, with trials typically scheduled 45 days after the defendant files an answer.
Appeals
- Appeals must be filed within 10 days of the judgment.
