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Hi. I lent my ex-boyfriend money via my credit cards and personal…

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Hi. I lent my ex-boyfriend...
Hi. I lent my ex-boyfriend money via my credit cards and personal loan. He has been on and off paying me back for a year with me hassling him but now is completely ignoring me. We had an agreement between ourselves only that he will pay the monthly bills until his commissions that are to be paid to himself come in. He has received commissions and never paid me. I now wish to take things further so that I do not have this pain, anger and harrassment on myself as I want to move forward on life. I do not have the amount of money myself to pay it all off. Can you please advise??
Jodie
Submitted: 8 years ago.Category: Australia Law
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Answered in 1 hour by:
6/25/2010
Solicitor: Peter G., Solicitor replied 8 years ago
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
Verified
Hello Jodie. It is not a police matter. What State are you in please? And, how much is involved? And, when was the original agreement for the loan?
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Customer reply replied 8 years ago
Hi. $10,000.00 is owing to myself. Most amount is on credit cards in my name and the other is a personal loan that I took out for him. The agreement was made just between myself and him, i have not taken any advise or legal action until now. He is an agressive man and I did not want to make him get into that state again where he can harm myself or anyone around me.
Solicitor: Peter G., Solicitor replied 8 years ago
And what State are you in please?
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Customer reply replied 8 years ago
Victoria, Mildura
Solicitor: Peter G., Solicitor replied 8 years ago
Ok, thanks. This is a sum that is certainly sufficient for you to do something about. Whether you do so, or whether the claim will result in payment is another matter. You probably have no choice now but to take some form of legal action in court; although if you saw a solicitor the first thing a solicitor would (usually) do is write a letter of demand - this might get a result, but probably won't. //// You will have no trouble getting your judgment - this will be the easy part - you may even be able to get a default judgment - that is, get a judgment on filing paperwork on the basis that there is no defence. Whatever response you do get to a summons, you will get the judgment without too much trouble. But enforcement is always the difficult part. Very rarely do individuals in these circumstances voluntarily satisfy the judgment - you invariably have to use the various enforcement options available - the main ones are sending the court sheriff out to seize goods (if any), including cars, garnishing wages - this relies entirely on the debtor having a steady job with a regular wage, or executing upon real estate, if owned. So, if this person does not have a regular job, does not own real estate or a car, and has no other assets that might be seized, then you might find that there is little you can do./// But he would have a judgment against his name, which will be effectively last forever, and at some point in the future he may wish to get this removed (for instance, if he wanted to get a loan). You could also bankrupt him - this is often the most effective way to get a result, but it is expensive. /// So, these are some of the considerations that you have to think about. You could commence the claim yourself so as to avoid some legal fees, but you would have to be able to persist with the paperwork. //// I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
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