guarantor in tallahasee fl

[rangers1]

hi
We just got notice from a lawyer that they want monies from us from a rental from damages from 2005. My son and his 4 of his friends rented a house
in through 8/2005. They all signed one rental agreement. All had a parent sign a separate guarantor agreement for each bedroom. My son's name was listed first since he was a sophmore and he found the unit. The other kids moved up after and signed after.
In 8/2005 they all moved out of the house and the kids divided up the damage dollar amount and each was responsible for a certain amount. My son stayed in school and he made payments to the management company.
The management co. has records of our monies received. The management company has changed since. (they are missing a money order)
The lawyer said he is able to go after us because we are listed first, that even though we can provide him with the person's address who did not pay the balance they will only go after us.
He told us to pay it and then sue them in small claims, yet all the receipts are from us. What should we do?? Again they do have guarantor agreement with all the parents and receipts only from us. They are threatening to file a lawsuit, add 18% interest and laywer fees.
No one has tried to contact us about this debt since our last payment in 2006.

Thank you,
Barry

The attorney is most likely correct. Read the lease your son and you signed (you signed through a guarantor's agreement). It probably says that all tenants are "jointly and severally liable for all obligations under the lease". As such, management is free to go after any or all of the parties on the lease. Unless your son signed a seperate agreement from the others for just his room, he can pursue you for the money owed, then you have to pursue the other tenant who didn't pay. Sorry.

thank you
i was hoping that it wasn't that way and the others would be liable also
we were probably the only ones he could contact
so we will have to sue the others?

thanks again

barry

I'm afraid that is the way it works. The LL is free to sue any or all of those on the lease. Whomever is sued must pursue the others who are liable in small claims. Track them down by using several search engines (google, zabasearch, myspace or facebook, etc.). Contact their friends from college. A little work and you should find them.