The Justice of the Peace Court in Walker County Precinct 2, presided over by Honorable Judge Marcus Payne, handles civil cases involving disputes up to $10,000. But after securing a judgment, many creditors are left asking the same question: “How do I collect?” This blog focuses on the options creditors have to enforce judgments and explores how bankruptcy might serve as a lifeline for debtors seeking relief.
Understanding the Court’s Role
Justice Courts in Texas, like Judge Payne’s court, are designed to handle smaller civil matters, including landlord-tenant disputes, small claims, and deed restrictions. These courts do not collect your judgment for you. Instead, creditors must initiate post-judgment actions to recover the debt.
Enforcing Your Judgment
Once you’ve won your case, it’s time to turn that judgment into cash. Here are some common tools creditors can use:
- Writ of Garnishment
Garnishments allow creditors to access funds in a debtor’s bank account. However, wages are protected under Texas law and cannot be garnished. - Writ of Execution
This permits a sheriff or constable to seize non-exempt property to satisfy the debt. - Turnover Orders
A court hearing can order the debtor to turn over non-exempt assets, including tax refunds or investments. - Abstract of Judgment
Filing this document creates a lien on any real property owned by the debtor in the county where it’s filed.
Texas Exemptions
Debtors in Texas enjoy some of the strongest exemptions in the country, which protect certain assets from creditors. These include:
- Homestead exemption for the debtor’s primary residence.
- Personal property exemptions, such as cars and household items (up to a specific value).
- Wage protections preventing garnishment of salaries.
Understanding these exemptions is crucial for both creditors and debtors.
When to Consider Bankruptcy
If you’re a debtor overwhelmed by collections, bankruptcy may offer a fresh start. Chapter 7 or Chapter 13 bankruptcy can:
- Halt collection efforts immediately through an automatic stay.
- Eliminate unsecured debts (Chapter 7) or restructure debts into manageable payments (Chapter 13).
As a bankruptcy attorney with 25 years of experience and over 4,000 cases filed, I can guide you through the process to achieve financial relief.
Navigating the Justice Court System
Here’s how the Justice Court process works in Walker County:
- Filing: A small claims suit can be filed for money damages up to $10,000.
- Service: The defendant must be served with a citation via a constable or sheriff.
- Trial and Judgment: If the defendant fails to respond, the court may grant a default judgment.
- Collection: Creditors must take proactive steps to enforce the judgment.