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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42670
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My name is ***** ***** I have an legal issue in regards to

Customer Question

Hi my name is ***** ***** I have an legal issue in regards ***** ***** claims from my ex boy friend from 5 years ago
JA: Thanks. Can you give me any more details about your issue?
Customer: yes around 5-6 years ago I was dating this guy and I was buying a property then the mortgage broker mis informed me the total contribution amount I had to come up with so I was short for $16,000 that time my ex then offered to help and gave me this amount he never said I had to pay him back then a year later, we broke up he then asked for that money back at the time I didn't have that money so I offered a lesser amount to be paid in stages he wasn't happy with that then he come to hassle me every year or two latest letter I received from his lawyer said they have filed a court case at Magistrate court he demand the amount plus interest and legal cost and asked to be paid within 14 days or a warrant of distress will be issued he has long term mental illness and I moved house but he found me and I saw him walking around the current house I am worried he is using this money thing as an excuse to continue to harrasse me I am also worried he will take my property away from me because he claims that the money he gave me
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Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 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.

Can you tell me exactly when you were given the money and also what state you were in?

Also had you made any payments to him?

Did he sue or not?
Were you given documents?

Customer: replied 8 months ago.
Hi Leon,
I was given the money March 2011
I live in Melbourne VIC
I have not made payments to him but in appreciate, me and my family has bought him a lot of items including TV, smart tablet, clothes, shoes, cost for tickets to shows, etc
I'm not sure if he had sued me or not the only thing I received March 2016 from his solicitor was a notice of order made in regards ***** ***** matter at Magistrates Court of Victoria case no F12062289 dated 28 Oct 2015
Expert:  Leon replied 8 months ago.

Good Afternoon

You have to call the magistrates court and check with them. If he has sued and there is a judgement against you then you have lost the case and this is on your credit record as a bad debt.

If he has just filed then you have to defend it and cross claim for what you have given him and its value.

Call the court and check ASAP.

He is not out of time as there is a 6 year time limit to sue and that runs out on March 2017

Customer: replied 8 months ago.
I just rang the court and they advised because I am not aware of this order made against me last Oct 2015, the court has filed a default order against me. The court now asked me to apply for rehearing
Expert:  Leon replied 8 months ago.

Good Afternoon

You have to make an application to set aside the order and file a defence.

You have to get a copy of the application from the court and then proceed from there

Here is some information and look at the third heading

https://www.magistratescourt.vic.gov.au/faqs/frequently-asked-questions/civil-and-money-matters-faq

You have to get details of the application from the court or the solicitor and then proceed.

I suggest you use a solicitor as $16,000.00 is not a small amount and they can prepare an appropriate defence and possible cross claim.

I hope this makes sense and is of assistance.

Customer: replied 8 months ago.
I am not sure if I can afford the solicitor
Expert:  Leon replied 8 months ago.

Contact the Community legal centre.

they should be able to guide you

http://www.communitylaw.org.au/

You will not be able to do this on your own.

You will need assistance.

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.

Please do not forget to leave positive feedback.

Regards

Leon

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