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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42937
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have an old debt taken out 7/12/98 to a friend who has

Customer Question

I have an old debt taken out 7/12/98 to a friend who has since died. (5000.00). I have received a letter from a law firm In Sth Australia acting for her domestic partner and applicant for letters of administration requesting I send this amount to the law firm. I created a written agreement to repay this amount within 12 months of borrowing the money
Do I legally have to pay this to her partner given the time elapsed since(16 years). She never asked to be repaid and I saw her only 2 years ago. David
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Was there any agreement between you and the lender?

If you have not made any payments then they are out of time as they have 6 years to sue from the date the last payment was made. If not payment was made then the 6 years starts from the date the money was lent.

I believe they are out of tim.

http://www5.austlii.edu.au/au/legis/sa/consol_act/loaa1936226/s35.html

I think that the debt has died with your friend.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards

Leon