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
- Abstract of Judgment: Creates a lien on the debtor’s real property.
- Writ of Execution: Allows non-exempt personal property to be seized and auctioned.
- 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
- Homestead: Protects your primary residence, regardless of its value.
- Personal Property: Items like household goods, vehicles, and tools of trade are exempt up to set limits.
- 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.