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NSW Debt - Ex Hasn't Paid Me Back - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Alanah, 29 March 2016.

  1. Alanah

    Alanah Member

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    Over a 4.5 year relationship, I lent my ex over $5000. When we broke up, we agreed that he would buy the furniture off me as well, as I was moving interstate. I noted down everything he owed me and put a final payment date which he signed and dated.

    It has now been 3 months and I haven't received anything. I have text messages with him agreeing he owes me a debt as well. He had a small work injury and is now on workers compensation and saying he can't afford to pay me back but is making no effort to find another job.

    What do you recommend I do?
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

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    You could lodge a small claim in the local court however what evidence have you got to establish the loan? Have there been any payments that could support the agreement.

    Even if you do get a judgement debt, you will need to consider his ability to pay. It may very well take him a couple of years by instalments, contact me if you want to discuss options in more detail.
     
  3. Alanah

    Alanah Member

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    I have receipts, texts and a paper he signed stating what he owes.

    I'm happy for it to be instalments as long as I know I'm actually going to get it in the long run. Do you know how much it cost to go through a small claims court ?
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    You will need to pay filing fee, service and subsequent motion for default judgement.

    You will also be able to claim solicitor fees if you are legally represented and those fees are capped for the small claim process.

    Do you need representation? Feel free to contact me.
     

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