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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42348
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My name is ***** *****. I am trying to find if there is a

Customer Question

Hi, my name is ***** *****. I am trying to find if there is a statute of limitation on making a claim to recover money lent between family members?
JA: Thanks. Can you give me any more details about your issue?
Customer: A sum of money was gifted from one family member to another and a Stat Dec was signed to that affect, but now the person that gifted the money wants it repaid.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months 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 advice but a guide to assist you.

To sue for money you have 6 years from the last payment they made or from the date you lent them the money which ever occurred last.

If it was a gift and the person that was gifted the money has the stat dec then the one that gifted it will not succeed in his or her claim.

They have no claim to get the money back. Only if it was a loan can they claim it back and they have 6 years from the date they gave it to the person or the last payment was made by the person.

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