[lgoodwine]

In 2006 I loaned a partner 14K to help her out of some financial difficulties. During that time I tried to assist her with learning how to budget and she was attemtping to pay off the remainder of her debt. In 2008, in Florida, we signed a promissory note that she wrote up, she is an attorney.

In 2008 she moved back home to Louisana and practices law there. The promissory note was set up for payments of $50 a month which could be renegotiated at a later date and the note modifed. The reason why it was set up that way is because she was studying for the LA bar and she didn't have a job at that time.

In 2009, she started making payments of $200 a month. I never thought I would have to ensure she was making payments. In March of 2010 I checked my account and discovered she had reduced the payment to $100 a month in Aug 2009. I contacted her and asked her for a modification to the note and asked what happened. She stated it was a bank error, I asked for the missed payments and she said no, she would fix it. I than asked for a modification and she said it was unnecassary. At that time I figured my hands were tied because she wouldn't sign a modification. We split up in Dec 2009. She continued to make 100 payments.

In Jan 2012 I attempted again to revisit the modification. The paragraph states "no modification or waiver of any of the terms of this Agreement shall be allowed unless by written agreement signed by both parties. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature". She still owes $9,990 on the note and told me she wasn't making another payment. She didn't make Feb payment. I plan to let her miss Mar payment and I will write her a letter requesting total payoff or a modification increasing the monthly payment.

My question is this (assuming she doesn't make any further payments or respond to my letter):
What type of lawyer do I hire?
What state do I look for a lawyer, note signed in Florida, she lives in Louisiana and I live in Virginia?
How do I file a lawsuit for default of a promissory note?
Can I make her pay the unpaid balance, interest, court costs and attorney fees?
If she doesn't have the means to pay can a judgement be placed against her?

I never thought it would come to this, she is an attorney and she was my partner, we remained friends... and she is now defaulting on the promissory note. Last question, can I file a grievance with the Louisiana state bar because she is a practicing attorney, she wrote the promissory note and she has missed the payment?

THank you for any insight!