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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43516
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My sister lived with me for 5 years after beinb in transit

Customer Question

My sister lived with me for 5 years after beinb in transit to a job that fell tbrough and never contributed to any expenses. She had full use of one of my motor vehicles. She was reciept of new start thfough Centrelunk and working part time. A financial descision was made to transfer the vehicle registration into her name z registration was free and insurance was subsidised. This vehicle was not given to her and I maintained all repairs and maintenance on the vehicle. I had to move and decided I did not want to have her living with me as it was proving very expensive and I had not workdd for 2 years and was not recieving any financial support from Centrekink and lived off my savings. I was also raising 3 of my grandchildren with no financial support from anyone.I moved in with a friend and requested the return of my vehicle many times as well as personal items she had. I finally sent a formal request which was ignored. She will not answer my calls only my emails but has never mention the car at all even though I explained I am travelling 2 hours to work and 2 hours home on public transport, and that the car is still mine. I attended Balmain Police with this case and they just said she owns it and thats it. Is there anything I can do. i bought, serviced, paid all expenses and never gifted or sold this to my sister.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 4 months ago.

Good Afternoon

Having the vehicle registered in her name is ***** ***** ownership.

You can argue that she did not pay for it and that it is yours and show that you paid for it. The problem you have though is, declaring that the transfer was not legitimate and that she held is for you is fraud and you can be sued for that and be asked to pay to the departments the benefit you were receiving.

This is the biggest issue for you.

Alternatively you can sue her for the value of the car because she has not paid you and get an order form the court to seize the car once you have judgement.

The following link is a guide on how to sue her for the money she owes you for the car.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

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