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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I am an Australian citizen but currently living I the usa. I

Customer Question

Hey, I am an Australian citizen but currently living I the usa. I had an $1800 bed being stored with a friend. Recently I asked for her to give me a day my sister in law could come and collect my bed from her, she informed me she had now been using the bed and is refusing to pay me anything for it. I asked for a least half. What would be the best way to go about recovering the money owed to me?
Thx for any assistance. :)
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Unless you sold or gave her the bed she is obliged to allow you to collect it.

Unfortunately to pursue a claim like this must be done through the local court and as you are overseas, you would need to appoint someone to represent you, file a court application and ultimately appear on your behalf to press your claim. Likely it would not be worthwhile engaging a lawyer to take such action on your behalf, though if you granted your sister, or some other friend/family member as a power of attorney so she could act for you, then it may be possible. Keeping in mind the amount in dispute is only $1800 it may not be worth the trouble and time of pursuing an action in court, but that is a matter for you.

Alternately, you might simply engage a lawyer to write a firm letter on your behalf pointing out the legal reality and hope that if faced with the credible prospect of litigation, that she will give in.

I appreciate this may not be the answer you were hoping for, but it does reflect the realtiy of your situation.

Please rate my answer.

Patrick

Expert:  Patrick H. replied 1 year ago.

Please rate my answer as I am only paid for my time and effort if you give a positive rating.

Thank you,

Patrick