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Justice of the Peace San Jacinto County Precinct 1

Located at 111 State Hwy 150, Room A2, Coldspring, TX 77331, Justice of the Peace Precinct 1 is presided over by the Honorable Judge Christina McGee. This court handles civil matters where the amount in controversy is $10,000 or less, including eviction cases and enforcement of deed restrictions.

Whether you’re a creditor trying to collect or a debtor navigating collection actions, understanding the mechanics of Justice Courts is crucial. Let’s dive into how judgments are enforced—and how debtors can protect themselves, including through bankruptcy.


For Creditors: Tools to Enforce Judgments

Winning a judgment is only the first step. Collecting requires persistence and legal tools like writs of garnishment.

Writ of Garnishment: Recover Funds from Bank Accounts

The writ of garnishment is a powerful tool to seize funds from a debtor’s bank account:

  • When to File: Garnishment can be initiated 7 days after the judgment.
  • How It Works: Creditors file for the writ, and the bank freezes the account. Funds are remitted after exemptions are determined.
  • What’s Protected: Wages, retirement accounts, and certain government benefits are exempt under Texas law.

Other Collection Methods

  1. Abstract of Judgment: Creates a lien on the debtor’s real property.
  2. Writ of Execution: Allows non-exempt personal property to be seized and auctioned.
  3. Turnover Orders: Forces debtors to surrender specific non-exempt assets, such as tax refunds.

For Debtors: Protecting Your Assets

Facing a judgment doesn’t mean all is lost. Texas offers some of the strongest debtor protections in the nation, and bankruptcy can provide immediate relief.

Texas Exemptions

  1. Homestead: Protects your primary residence, regardless of its value.
  2. Personal Property: Items like household goods, vehicles, and tools of trade are exempt up to set limits.
  3. Wages and Retirement: Wages are protected from garnishment, and retirement accounts are secure.

Bankruptcy: A Shield Against Collections

Bankruptcy offers relief from overwhelming debt:

  • Automatic Stay: Stops all collection actions, including garnishments and liens.
  • Debt Discharge: Eliminates unsecured debts such as credit cards and medical bills.
  • Asset Protection: Texas exemptions ensure you can retain essential property.

Navigating Justice Court Procedures

Whether you’re filing a claim or defending one, understanding the process in Justice Court is essential.

Filing a Lawsuit

  • Venue: Proper filing is based on the defendant’s residence or the location of the dispute.
  • Accurate Identification: Naming the defendant correctly ensures enforceability.

After Filing

  • Citation Service: Delivered by a constable or sheriff, informing the defendant of the suit.
  • Defendant’s Answer: The defendant must respond within 10 days to avoid default judgment.

Discovery and Trial

Limited discovery is allowed, with tools like subpoenas and written interrogatories helping both parties gather evidence.

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.