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My aunt asked me to lend her thousands of dollars to help

Customer Question

My aunt asked me to lend her thousands of dollars to help her to put money towards her house so she did not loose it to the bank, now 4 months later she has sold the house and has completely stopped talking to me. How do I go about getting my money back
legally?
Submitted: 1 year ago.
Category: Canada Law
Expert:  PIExpert replied 1 year ago.

You would need to bring a claim against your aunt for conversion and breach of contract. If the amount in question is less than $25,000, you would want to bring the claim in small claims court. You would explain to the court that you lent the money (it was not a gift) to your aunt, and that you expect to get it paid back. You can also ask for interest (though a judge will want to know if this was agreed on beforehand). From the date of judgement, you can ask for interest to accrue from that date.

In terms of how to file a claim in small claims, here is a site that walks you through it.

http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

While the rules may be slightly different depending on which part of Canada you are in, this will give you the information on how to proceed. Of course, if you feel more comfortable hiring an attorney to help you, that is entirely up to you, however, you should know that this is only really worth it if the amount in question exceeds $5,000.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

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