Bringing Your Dispute to Texas Justice Courts and Small Claims Courts
In this episode I discuss the opportunity citizens have to bring their disputes of $20,000 or less to justice court. Tangents include appealing the outcome, mandatory free mediation, settlements, post-judgment collection including post-judgment discovery and writs of garnishment, judgments going dormant, and exempt property in Texas. See the timestamps, below, for more detail on the discussion.
LINKS:
Firm Website: www.keith.law
Calendly page to schedule a call
TIMESTAMPS:
00:00 — Topic
00:27 — JP courts increased their jurisdictional limits to $20K
00:43 — What prompted this episode, and initial thoughts
02:20 — Either party can appeal "de novo"
03:00 — What "de novo" means
03:30 — Where to find the rules governing JP courts
04:15 — Generally, no discovery permitted in JP and why it matters
05:09 — Likely mandatory mediation on day of trial, and what it means
05:40 — What happens if you settle during the mediation
06:00 — What a settlement agreement is, and why it matters
07:15 — What happens if you get a judgment and the judgment debtor does not voluntarily pay (discussion of post-judgment collection, generally)
09:40 — General discussion of exempt property in Texas
11:10 — Judgments do not last forever without taking action
12:20 — Other post-judgment collection steps that can be taken
13:50 — Writ of garnishment, what it is, generally
14:45 — Entities do not own exempt property
15:30 — Why it might make sense to pursue your claim in JP court without a lawyer
16:10 — Treat everyone with dignity and respect and always ask questions for guidance
17:37 — If you get a judgment, ask about next steps for post-judgment collection (but they will not provide "legal advice")
18:40 — What has been your experience with JP court?
18:48 — What to do if you have a question for me
20:45 — Outro
Disclaimer: This audio and related blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
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