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My daughter and her boyfriend have ended there relationship…

Customer Question
My daughter and her...

My daughter and her boyfriend have ended there relationship with him owing her money she lent to him in good faith that he would pay her back - what actions can she take to get it back

Lawyer's Assistant: Family law varies by state. What state are you in?

Tasmania

Lawyer's Assistant: Have you talked to a lawyer yet?

No was wondering if it was worth it

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

They had been living in a house she had purchased via home loan when they first met he had not contributed towards any housing payment or utility bills since moving in - she has got herself in soooo much debt. He always promising to pay her back, would he have any claim at all to her house - as all it is is one big mortgage

Submitted: 8 months ago.Category: Australia Law
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Customer reply replied 8 months ago
Also he left at her house his television and stereo and said she could keep them until he paid back his debts to her. Now he wants to have them back , but has not attempted to pay any of his loan back to her. He says they are his and wants them back, and will come and get them with a police escort if needed. Does she have any right to keep them until he pays her back. He has caused her so much mental anguish over the past year, she has suffered with depression and anxiety through monetary worries.
Answered in 5 hours by:
11/17/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,291
Experience: Principal Lawyer at Legal AU Pty Ltd
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Solicitor: John Melis, Lawyer replied 8 months ago

your daughter can either claim it has a debt against the former partner; or the alternative is to commence financial separation proceedings which occurs on a relationship breakdown.

How long was the relationship ?

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Customer reply replied 8 months ago
W
Two and a half ears
Customer reply replied 8 months ago
2 1/2 years
Solicitor: John Melis, Lawyer replied 8 months ago

ok in this case, it is better to claim the money owed as a debt. Your daughter should issue a demand with 21 days to pay, and failure of to issue proceedings in either the tribunal or court on the basis of breach of contract..

I have extended a special offer to talk on the telephone if you prefer ?

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Customer reply replied 8 months ago
How do you go about making a claim
Solicitor: John Melis, Lawyer replied 8 months ago

The first step is to issue a legal letter stating the amount of money owed and why was the money given. Then issuing that letter to the former partner to pay within 21 days.

If they do not pay, the next step is to prepare a points claim and file it in the local court or Tribunal.

Then you will need to serve the documents on the former partner.

Following this a mediation will most likely occur, then a hearing if it is not resolved at mediation.

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