Justice of the Peace San Jacinto County Precinct 2, presided over by the Honorable Judge Harris Blanchette, holds court at 1000 N. Byrd Ave., Ste. 5, Shepherd, TX 77371. The Texas Constitution mandates the establishment of one to eight justice of the peace precincts per county, depending on population. San Jacinto County has four such courts.
With jurisdiction over civil matters where the amount in controversy is $10,000 or less (exclusive of interest), Justice Blanchette’s court plays a pivotal role in local civil disputes. Prior to September 1, 2007, its jurisdiction was capped at $5,000. The court also oversees cases involving deed restriction enforcement, eviction matters, and writs.
Got a Judgment? Now What?
Obtaining a judgment against a debtor is just the beginning. Collections can be a labyrinth of legal procedures, requiring meticulous attention to detail and knowledge of the tools at your disposal. This is where Justice Courts, like Judge Blanchette’s, intersect with the real-life struggle of creditors trying to recover money—and debtors seeking relief from unmanageable obligations. Let’s delve into the specifics:
Key Collection Tools:
- Writ of Garnishment: Available seven days post-judgment, this powerful tool allows creditors to target bank accounts. It cannot, however, garnish wages under Texas law.
- Writ of Execution: Issued 30 days post-judgment, this writ enables law enforcement to seize non-exempt property for auction.
- Turnover Orders: Require a court hearing but can mandate the debtor to turn over non-exempt assets, including tax refunds.
The Case for Bankruptcy
For many debtors facing relentless collections, bankruptcy may provide a fresh start. As a bankruptcy attorney with over 25 years of experience and more than 4,000 Chapter 7 and 13 cases filed in the Southern District of Texas, I’ve seen firsthand how bankruptcy protections can shield debtors from wage garnishments, property seizures, and the emotional toll of aggressive collections. In Texas, exemptions like homestead protections often allow debtors to retain significant assets even through bankruptcy proceedings.
Navigating the Justice Court System
- Filing a Claim: The plaintiff must specify damages, name defendants correctly, and ensure proper service of citations via constables or sheriffs.
- Defense: Defendants must respond within 10 days of service to avoid default judgments.
- Discovery: Tools like interrogatories and depositions help build cases, but they require adherence to specific procedures.
When Creditors Chase You: What You Need to Know
Creditors armed with judgments often pursue collection aggressively, leveraging writs and subpoenas to uncover assets. However, Texas law provides substantial protections, including exemptions for wages, homesteads, and certain personal property. If you’re on the receiving end of collections, bankruptcy may offer the relief you need while halting collection efforts immediately through an automatic stay.
