Defaulted on co-sgned contract

[kj65]

What is the name of your state (only U.S. law)? VA
My ex and I separated in 2004. Due to financial issues of her own, she was unable to get a lease for an apartment (because her credit was so bad).
Stupidly, I agreed to co-sign on her rental contract so that my daughter would have a place to stay. I then forgot about this. I did not live in this apartment, my ex and I were separated and/or divorced during this rental timeframe.
After some time in this apartment, my ex moved to another apartment that she liked better.

About a year later, I received a notice of judgement awarded against me and my ex for approx $2500 (the remainder of the lease). I was able to get the judgement reversed since I had never been notified of this before.

I then spoke with the lawyer for the rental company and he worked out a deal with me. I would pay the $2500 in monthly payments until it was paid off. He told me that as soon as I paid it off, that he would transfer the judgement to me so that I could go after my ex for the money. I did not want a judgement on my credit report, so I agreed to this even though I was experiencing financial hardship.

The amount owed to the rental company is now paid in full and I have receipts showing as much.
I have been trying to contact this lawyer now for the last 6 months but I have to leave messages and he has never returned any of my calls.

What are my options? Did this lawyer screw me over? am I stuck with this debt?
What options, if any, do I have to get paid back for this? Seems only fair to me that my ex, the person who lived in the apartment and moved out early, should pay me back for this.

[seniorjudge]

You need to sue your ex.

[kj65]

Do I need to have lawyer sign judgement over to me first? This is what he told me, but now he won't return my calls.

If not, how do I sue? Small claims court?
Is this doable without a lawyer? (I'm having financial hardship now and can't afford a lawyer.)

[Zigner]

Small Claims would seem to be the appropriate court:

http://www.courts.state.va.us/pamphlets/small_claims.html

[Zigner]

Originally Posted by kj65

Do I need to have lawyer sign judgement over to me first? This is what he told me, but now he won't return my calls.

If not, how do I sue? Small claims court?
Is this doable without a lawyer? (I'm having financial hardship now and can't afford a lawyer.)

It seems to me that the lawyer's judgment has been satisfied (by you). You are starting a new case.
(I'm sure I'll be corrected if wrong )

[seniorjudge]

Originally Posted by Zigner

It seems to me that the lawyer's judgment has been satisfied (by you). You are starting a new case.
(I'm sure I'll be corrected if wrong )

You are right.

The judgment against our poster is irrelevant to our poster's cause of action.

[kj65]

Ok, thx for the help. Sounds like I just need to sue her in small claims court. Hopefully 1 last question. I have no paperwork or documentation on this beyond the original judgement, which was cancelled, and the receipts for my payments. How can I get the original paperwork on this if the lawyer won't return my calls. (I'm assuming that I'll need some proof and documentaiton to back up my story.)

[Texas Pooh]

k65,

go to the court and get a copy of the file from the judgment against you. The file will have the petition, which will include the relevant details (and perhaps a copy of the lease) of the debt. Get a certified copy of the judgment.

When you sue the ex, you are suing for contribution ... that's the legal theory that means you paid a debt that belongs to someone else. To sue in contribution, you simply have to prove up the original debt (which you can do by including the pleadings from the first file).

A word to the wise - its likely that ex is only responsible to pay you one-half the amount you paid.

[kj65]

Originally Posted by Texas Pooh

k65,

go to the court and get a copy of the file from the judgment against you. The file will have the petition, which will include the relevant details (and perhaps a copy of the lease) of the debt. Get a certified copy of the judgment.

When you sue the ex, you are suing for contribution ... that's the legal theory that means you paid a debt that belongs to someone else. To sue in contribution, you simply have to prove up the original debt (which you can do by including the pleadings from the first file).

A word to the wise - its likely that ex is only responsible to pay you one-half the amount you paid.

AIGH!! "one-half"! That seem really unfair but I can understand. I was the one dumb enough to co-sign! Is this true even if I never stayed in this apartment and we were divorced when she broke the lease?
Thanks for the details. I will do this on Monday. Might as well get this going, even if I only get one-half.Or get a judgment for one-half. Still gotta get her to pay it.