[vincy888]

My ex has an outstanding credit card debt under my name for $11,500 which he can no longer pay. What is the first step to obtaining a lien against 2 condos that he and his partner own. A mortgage lien was recently put on the properties due to non-payment also. Would I get paid if they're sold or would the first lienholder get the proceeds?

[rockinmommy]

I believe you'd have to have a judgement against him, and then you can file that judgement against the property. It probably exceeds the limit of small claims court ($10K is the highest I've seen) which stinks because then you have to hire a lawyer to file suit, etc. The issue has come up on the boards before if you can just go after whatever the small claims limit is and let the rest go... there was not a general consensus - you'd have to check in your local small claims court to see.

Then, your judgement would go behind the first mortgage on the property and any other liens and judgements that got in line ahead of you. But ultimately, if there's enough equity to satisfy all the debts, you'd get paid. This is all assuming it's not his homestead.