Justice of the Peace Waller County Precinct 2
When creditors secure a judgment against a debtor, the next question is often: “How do I collect?” As someone with 25 years of experience in bankruptcy law, having filed over 4,000 Chapter 7 and Chapter 13 cases in the Southern District of Texas (including Houston and Galveston), I know the challenges creditors face when trying to enforce judgments and the options available to debtors under financial strain.
This blog explains the role of Justice of the Peace Courts, specifically focusing on Waller County Precinct 2, presided over by Judge J.R. Woolley, and highlights how creditors can leverage garnishments to collect judgments while debtors can consider bankruptcy as a potential resolution.
What is a Justice Court?
Justice Courts are established under the Texas Constitution to handle civil cases involving disputes of up to $10,000, exclusive of interest. They also oversee eviction cases and deed restriction enforcement for residential properties. These courts provide a simpler and more affordable legal avenue for resolving small claims.
In Waller County, there are four Justice Courts, including Precinct 2, located at 127388 Fieldstore Rd., Waller, TX 77484. Judge Woolley oversees civil matters with the goal of delivering swift and accessible justice.
From Judgment to Collection
Securing a judgment is only the first step. Collecting on that judgment is where the real challenge begins. Here are the key methods creditors can use:
- Writ of Garnishment
Creditors can garnish a debtor’s bank account, enabling them to seize funds directly to satisfy the judgment. It’s important to know that Texas law prohibits garnishment of wages except in specific cases, such as child support. - Writ of Execution
This allows creditors to request that non-exempt property be seized and sold at auction to cover the debt. - Turnover Orders
A court can order the debtor to turn over certain non-exempt assets, including tax refunds.
Challenges Debtors Face
For debtors struggling with judgments, options like bankruptcy can provide relief. Filing for Chapter 7 or Chapter 13 can stop collection actions, including garnishments, through the automatic stay. Bankruptcy may also allow debtors to eliminate certain debts entirely or set up manageable payment plans.
How the Justice Court Works
- Filing a Case: Creditors file a claim in the appropriate Justice Court based on jurisdiction and venue rules.
- Service of Process: The defendant must be served by a Constable or Sheriff to ensure due process.
- Trial: If the defendant contests the claim, the case proceeds to trial, where evidence is presented.
- Post-Judgment Actions: Once a judgment is obtained, creditors can pursue collection tools like garnishments, as discussed above.
Debtor Protections
Debtors have rights under Texas exemptions, including protections for their homestead, certain personal property, retirement accounts, and more. Understanding these exemptions can help debtors navigate their options.
Why Bankruptcy May Be the Right Choice
If you’re a debtor with a judgment against you, bankruptcy could offer a fresh start. As a former bankruptcy attorney with deep knowledge of Texas law, I can guide you through the process, help you understand your rights, and find the best solution for your financial situation.
Contact Us
If you’re dealing with a judgment and need assistance—whether you’re a creditor seeking collection or a debtor exploring bankruptcy—contact us today for a consultation.
