I am holding a promissory note from my ex-husband. Original amount was $38,000.00. About 15,000.00 is still outstanding and 4 months past the date of payment. I am thinking about taking action as he owns property and I cannot stay in contact with him just to collect the money. Is this a Superior Court matter or a Small Claims Court matter. I'm assuming I need a court judgement to place a lien on his property. I also assume once I have the judgement and lien against him I can leave the area and someday I'll get the money providing I leave a paper trail so I can be contacted when the money is available.
Thanks for any advice available.

You didn't say what state you are in. Most everything you have said is correct. Enforcing the lien has its complications; where I live, the lien becomes "dormant" after 7 years, but can be revived for an additional 7, and so on. As it has been said, do not slumber on your rights.

Thank you George. I am in CA. Thanks for the heads up on the "lien becoming dormant". I will definitely check into that. A 7 year renewal on a lien seems reasonable to protect lender and lendee.

Another bene: judgements accrue interest and it compounds, tax free, until collected. Call the small claims court and see if your claim qualifies; if it does, it is much simpler and you probably will not need an attorney, who will want a fee.

Hello rachel:

Most small claim courts around the country have a limit of $2,000 to $3,000. SOME small claims courts might go up to $5,000. California may be one of those. In any case, you're going to forego around $10 grand to sue in small claims.

OR, you can sue in a higher court, and pay a lawyer $8,000 to represent you. I don't know.

Yes, it's true - you are in the middle ground of lawsuit hell.

I just sued my old business partner for $38,000, and paid a big-time lawyer. We settled for $10,000 (yes, it killed me to do it), and my lawyer got $5,000. I'd have been much better off suing in small claims court.

excon