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Answered in 14 hours by:
7/30/2011
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 7,689
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
VerifiedHello
in regard to the credit card debt that lies solely with you. If they want to sue you you basically have no defence as you allowed your brother to rack up the card.
In regard to your ex partner, you can file a claim against her because as a result of her taking the money she has left you in this position and yes you can sue her. Obviously you can prove she kept the money. She can be also guilty of fraud by obtaining money by deception. This is a serious charge.
I would strongly advise that you send her a detailed letter of demand stating that she should pay the money within 14 days in full. If she does not pay i would contact the police or file an application in the small claims court.
You can file an application with the small claims section of your local court as you reside there. Once the application is filed you should then attend to having it served upon the other side and a matter can be set down for hearing.
Based on what you have told me, she has no defence and i doubt that your case will have much issue in being successful.
Hello
Yes you are entitled to solicitors costs, interest, court costs etc etc.
In regard to added fees and the like, i would also have it contained in the claim. The court can rule that those costs are covered too.
You cannot get compensation by other means or victims compensation.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 7,689
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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