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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 196
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My ex partner borrowed 2000.00 and he took the other 2000.oo

Customer Question

my ex partner borrowed 2000.00 and he took the other 2000.oo and he wont give it back it is my childrens money he owns a bike what r my chances of retreiving my money back
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
please help me
Customer: replied 1 year ago.
he also owes me back rent
Expert:  kmslaw replied 1 year ago.

Hello. My name is ***** ***** I'm going to help you with your inquiry today. I am a solicitor in NSW. To get your money back you will need to prove to a Court the terms of the contract between you and your ex partner. Was it written down or evidenced by paperwork? If so, that usually makes it easier. If not then it will be harder as it's his word against yours. You need to write down exactly what he said he would do with your money especially when he said he would make any repayments and whether an interest rate applied to the deal. Put it into an affidavit and file a claim in the Local Court general division about it. Sometimes before you commence court action you can send what is called a letter of demand which a solicitor can write for you for a minimal fee. Or you can draft your own, there are plenty of precedents on the internet that can help. The essence of the letter is to state that you give your ex partner a period of time within which to pay, say, 7 days, and if they don't you will commence proceedings to recover the debt in the Local Court. Some more information on Court procedure can be found here: http://www.localcourt.justice.nsw.gov.au/Pages/legal_problem/money_fines/someone_owes_money.aspx

I hope that has helped you today. If you need more help in how to draft the statement or statement of claim you can come back to me and ask for me directly. We can have a phone conversation too I'd be happy to help.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
ive been waiting for one day and still no response
Customer: replied 1 year ago.
i could of had an answer by now elsewhere
Expert:  kmslaw replied 1 year ago.

I have posted a phone call request to accept. Give me your number and I will call