The $ came from a HELOC which we've now paid off. He still owes over $5,000. I don't think I can get a lien on his house but I'd like to be able to collect SOMETHING from him. Thanks.
Landlord / Tenant Lawyer
Like most things in life, there are no guarantees. Yes, you can sue him and, if it is for less than $10,000, you can do so in small claims court. If you win the $5,000 and transcribe the small claims judgment to the circuit court docket (just paperwork and a small fee to the court), it can become a lien on any real property owned by the judgment debtor in that same County. If he owns real property in a different County, or even in a different State, you can get a lien on it as well if you jump through the various necessary hoops. Anywhere along the way he can file for bankruptcy which could, depending upon the exact facts and type of bankruptcy he files, partly or wholly eliminate his debt to you. $5,000 by itself is not enough to usually justify filing bankruptcy (though certainly legal to do) but if it is just the tip of the iceberg and he owes considerably more in total to all of his creditors, then it might make sense for him to file a bankruptcy. In the end, you pay your money up front and take your chances on the bankruptcy or you do nothing and are likely guaranteed to not collect a penny. Good luck.
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A judgment can usually be recorded as a judgment lien against real property. It is unlikely that someone would file for bankruptcy over $5,000.
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