Judgment in Virginia

Discussion in 'Credit Talk' started by cld2082, Feb 23, 2012.

  1. cld2082

    cld2082 New Member

    Hi I was married in 2007-08 and was renting an apartment with both our names on the lease. We moved out after he went UA and so we broke the lease agreement. I was young and made the mistake of not going to the office about it but that was then. I am trying to settle the judgment that I have but need to get some advice.

    First I want to know can I have two judgments against me for the same lease, one is for the month of Dec 07 and the other one is for the month of Jan 08?

    Next I am wondering if I should settle the judgments with the apartments itself to see if we can come with an agreement or if I should deal with it with the attorney collections? The amount that they are asking for is 3500.

    Unfortunately I had married a loser and so I will be the one who pay for it because I am the one concerned about my credit, would I be able to take him to court so he will be responsible for half?

    I never dealt with anything that had to do with the laws so I am not really sure how I should deal with the situation because I want to be responsible for the apartment since I was on the lease but I dont want to let him walk away free either. Please help me someone with what I should do?
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    It's possible that you could have 2 judgements against you for the same broken lease. Mistakes like this happen quite a bit. Do you know what debt each judgment is specifically for? How do they currently show up on your credit reports?

    I recommend first contacting the apartment complex to see if you can determine whether your debt was transferred to the collection agency or actually sold. If it was transferred, you might be able to convince them to pull your account back from collections so you can pay them directly. On the other hand, it may have been sold and they'll want nothing to do with you. In that case, you'll be forced to deal directly with the collection agency/law firm.

    Also, are you divorced now or are you still with this guy? It sounds like he is just as legally liable for the debt as you are, so I don't see why you couldn't go after him for his half if you end up paying for everything. I'm not a lawyer, so that's just my opinion. It would be a good idea to talk with a licensed attorney in your area regarding your options if he won't pay up.
     
  3. Desdemona

    Desdemona Well-Known Member

    Hi

    I am a little confused why you would believe there are two judgments â?? you can only break a lease once.

    IMHO youâ??re going to be dealing with collection attorney, once again IMHO I donâ??t seeing them settling as they hold the power to garnish for the full amount.

    If his name is on the lease then he should be on the judgment â?? has there been attempt from the collection attorney to collect from him?

    As for taking your (EX??) husband to civil court â?? hell yeah â?? I think. I am not sure if you have to pay the debt then sue or if you can sue for an unpaid judgment that you are clearly responsible for ½ of. This is where you need a consult with a lawyer.

    Per Virginia code you will can sue in small claims (civil) court up to 5,000, you should sue in the city the breach took place, and the sheriff will serve him.

    Collect your paperwork, find/get a copy of the signed lease, your move out date and this judgment from the district court and file a claim against him in small claims court. If you canâ??t find the lease â?? itâ??s most likely with the paperwork submitted by the collection attorney as they need to provide the court proof that you breached the lease there for they can sue.

    But get your paperwork itâ??s very important that you have that he was on the lease there for legally responsible for ½ of the debt. In the meantime get 1,750 together to pay your ½.

    Paperwork, paperwork, paperwork - canâ??t stress enough how important it is.

    Good luck
     

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