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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44850
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I lent somebody money. Now he's not giving back. Is there

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Hello! I lent somebody money. Now he's not giving back. Is there any legal way to stop him doing the same with others ?

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Evening

You cannot stop him doing it to others but you can sue him for the money you lent him

You can warn others about him so they do not fall into his trap.

The following link will give you the process to try and get your money back.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

By warning others you must be careful and simply tell them that you lent him money and he is not paying you back. That is the true position and you do not want him to sue you for defamation.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 1 month ago.
Hello. There is a lot to read. Should the amount be more than $2000 to sue him?

Good Evening

It is not alot of money asing a solicitor will cost you more.

You can sue yourself and being over $1,000.00 you can charge interests.

The link is alot to read but it is detailed about the process.

It is enough for your to sue him.

He would not use a lawyer as it would cost him more than he borrowed.

Customer: replied 1 month ago.
I don't want the money back i just want to teach him a lesson. I am helpless here because i don't have proof of giving him money except some people.
Customer: replied 1 month ago.
If i want to sue him can you explain me the procedure?

Good Evening

They can be your witnesses and give evidence.

The link I have sent you sets it out very well.

You first send then letter of demand

If he refuses to pay then you commence the action in the local court

The court then sets a date you you both give evidence.

Customer: replied 1 month ago.
From where can i send him letter of demand ? And would i need a lawyer for doing same
Customer: replied 1 month ago.

Good Morning

My apology Internet went down.

You send a letter. You write it and post it to him.

You would not use a lawyer. If you use a lawyer it is going to cost you more than $2,000.00

Customer: replied 1 month ago.
Hi there. I asked him personally he refused to pay. Do i still need to send him in letter ? If not how can i commence in court ?

Good Afternoon

Send him a letter as evidence that you have demanded it.

Once the time passes then sue him.

Customer: replied 1 month ago.
Ok. And i found one screenshot in my phone, taken at the same time. He send somebody money online from my phone. I don't have proof of giving him money because i gave him cash, then he deposit cash in his account from the same atm machine then he transfered the money to somebody's account. Can i use that screenshot for evidence somehow ?
Customer: replied 1 month ago.
I can show my bank statement of taking that cash out to court and court can check the same money depositing in his account at the same time from the same atm machine. I have his account number in the screenshot.

Good Afternoon

If you can show that is the money you gave him then yes that will assist.

Customer: replied 1 month ago.
won't there be any chance of doubt? As i gave him cash and he deposited same cash in his account. How can i prove that ?

You can ask him to provide his bank statements and then you can identify the deposit.

Customer: replied 1 month ago.
Asking won't help. Why would he provide me his bank statement. There should be another way of getting it legally.

Good Evening

You issue a subpoeana on the bank as well as him. This is a court order and he has to comply.

Customer: replied 1 month ago.
Ok. Thank you.

Good Morning

All the best and good luck

Regards

Leon

Leon and other Australia Law Specialists are ready to help you

Good Morning

All the best