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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5596
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I lent money to my son and now he is not paying me back,

Customer Question

I lent money to my son and now he is not paying me back
JA: What state are you in? It matters because laws vary by location.
Customer: Vic. and my son in Perth
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Australia Law
Expert:  Daniel replied 9 months ago.

Hello
How was the money loaned?
Was there any agreement made?
Is the matter in court?
How much?

Customer: replied 9 months ago.
Money I borrowed two loans from Urban Capital and they put me with Challenger One loan went to my son in Perth and was put in his wife's bank account 066-159 account 10427792 under his wife Janice and my son John Farrugia. No written agreement but they told me that they will pay that back in no time.There is a lot that went on after
Expert:  Daniel replied 9 months ago.

Hello
Have they paid any money back to you?

Expert:  Daniel replied 9 months ago.

In respect of the matter, if some of the debt has been paid back to you, that is some indication that you can prove that it is a loan.
A court would generally accept that such amounts are not a gift, just simply a loan and as such you at this point may well need to initiate legal proceedings against them.

That can be done by way of the Magistrates Court.

INFO:
https://www.magistratescourt.vic.gov.au/jurisdictions/civil

In respect of the matter, you need to sue them, they can in turn try and convince a court otherwise, which is most difficult in some situations. Hopefully filing alone will trigger them into paying you back, rather than undertake a hearing.

I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.