A Legacy of Debtor Representation, Now Advocating for Creditors
For over 25 years, I represented debtors, filing more than 4,000 Chapter 7 and Chapter 13 bankruptcy cases. Today, my focus is solely on representing creditors, helping them collect judgments and enforce their legal rights. My experience in debtor law provides invaluable insight into the tactics and defenses used in Justice of the Peace courts, allowing me to effectively protect and advocate for creditors.
Understanding Justice of the Peace Austin County Precinct 1
Justice of the Peace Austin County Precinct 1, located at 265 N. Chesley Street, Suite 2, Bellville, TX, is overseen by the Honorable Judge Richard Yancey. This court handles civil matters involving amounts up to $10,000, excluding interest.
Key areas of jurisdiction include:
- Small Claims: Money damages only (up to $10,000).
- Justice Court Suits: Money damages, possession of property, and lien enforcement.
- Evictions: Residential disputes, excluding structural modifications.
The court operates under the Texas Rules of Civil Procedure and the Texas Rules of Evidence, ensuring a fair and structured process for all parties involved.
Filing and Managing a Lawsuit in Precinct 1
Venue and Jurisdiction
Choose the correct venue based on the defendant’s location or where the property in question is situated. The jurisdiction limit is $10,000, and claims exceeding this cannot be divided to fit the court’s limits.
Naming the Parties Accurately
- Plaintiff: The party filing the lawsuit must be clearly identified in all documents.
- Defendant: Ensure the defendant’s legal capacity is accurately stated. This includes individuals, proprietorships, partnerships, and corporations.
Stating Your Claim
Provide specific details about your claim, including:
- Evidence supporting damages.
- Itemized lists if the claim includes multiple components.
What Happens After Filing a Lawsuit?
- Service of Citation:
The court issues citations to be served by the sheriff or constable. Ensure accurate addresses are provided to facilitate this process. - Defendant’s Answer:
The defendant has 10 days (from the Monday following service) to file a written answer. - Discovery:
Tools such as interrogatories, requests for admissions, and subpoenas may be used with the judge’s approval to gather evidence. - Trial:
If the defendant responds, a trial date is set after a minimum of 45 days. Both parties must be prepared to present their case.
Enforcing Judgments in Precinct 1
If you obtain a judgment, there are multiple ways to enforce it:
- Abstract of Judgment: File this document with the Austin County Clerk or in any county where the debtor owns property to create a lien.
- Writ of Execution: Allows seizure of non-exempt property for auction to satisfy the judgment.
- Writ of Garnishment: Enables access to the debtor’s bank accounts (excluding wages).
- Turnover Writ: Requires a court order to collect non-exempt property or tax refunds.
How My Experience Benefits Creditors
As a former debtor attorney, I understand the complexities of Justice of the Peace court proceedings. I use this knowledge to ensure creditors:
- File accurate and enforceable claims.
- Challenge improper defenses or delays by debtors.
- Navigate the collection process efficiently.
Areas of Service
I provide legal services to creditors in Austin County, including the cities of Bellville, Sealy, Brazos Country, Industry, Wallis, San Felipe, and surrounding areas. Additionally, I represent clients in neighboring counties such as Brazoria, Chambers, Galveston, Matagorda, and Harris.
Contact Me for Creditor Representation
If you’re a creditor seeking to collect a judgment or enforce your rights in Justice of the Peace Austin County Precinct 1, contact me today. With decades of experience and a deep understanding of debtor strategies, I am here to help you succeed.
