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I have a return of capital that has been locked by a court…

Customer Question
I have a return...

I have a return of capital that has been locked by a court hearing. It is a residue of the forced sale of a property in the N.T. I am in need of legal help to release this money to enable me to purchase a property in the area. I have all of the procedures relating to the case, and need a lawyer to sort it out. Please can you help. john witcombe

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Numerous attempts to regain the money, it is a complicated case, made so by a solicitor we employed in Darwin, the bank, and the person who caused the issue in the first place. If you know of someone I can have an appointment with it would be easier to work out what has eventuated.

Lawyer's Assistant: Where is the property located?

It was sold by the bank and the residue of money was put in holding with attached processes. We now need this money and so need a lawyer to extract it. we wish now to purchase a property in this area.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

As I said it was made a mess of when the case went to court. We were in a partnership with as we understood it a separate loan agreement. The other party failed to make any payments but were not informed of this. The result was we lost all of the finance put into the property, plus what was in our bank account. OK all dead news. The end came with the sale by the bank of the property, and a surplus of 80 thousand dollars, this had to be split between us and the so called partner. Much as I resent this there appears to be nothing to do about it. After a couple of aborted attempts to recover our half we were just so angry about the treatment that we stopped thinking about it. The problem now is the need for a deposit for a new start, so it has now to be settled one way or another.

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/15/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,272
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Customer reply replied 8 months ago
ok did you receive the rest of the information
Customer reply replied 8 months ago
no phone available at the moment.
Solicitor: John Melis, Lawyer replied 8 months ago

what was the order that locked the funds, as in what did it say ?

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Solicitor: John Melis, Lawyer replied 8 months ago

I have sent you a special offer to talk on the phone if you prefer ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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