QLD Ex friend owes money

[Really annoyed]

Friend relocated interstate six months after me and my partner did, he packed up and moved up. We got him a job offer and he turned it down. He asked for weekly loans which he said he would pay back as he was coming into money. After a couple of weeks he was told to move as he was overstaying his welcome by the home owner, he left angry, blamed his only friends for kicking him out (although it came from owner) ignores SMS and emails requesting the money back owed. We need to be repaid but don't know where he moved to. Expecting first baby and really need the money paid back but have no way to make him. Have tx MSG's and bank statements showing transfers. How can we get back if we can locate him? Small claims court perhaps? Any and all help is greatly appreciated. Thanks in advance

 

[Clancy]

It is sad how often 'friends' don't pay back money. And the funny thing is, it is not something i would personally ever consider doing - why can't i lend money to someone like me??

So what you really need in order to have a solid case is some acknowledgement from him that he owes the money..... it could be a simple text message saying "i will pay it back next week/whenever" Or "i cannot pay it back right now because/whatever"

If you don't have any acknowledgement in writing, then it weakens your case, but exactly to what extent you will have to ask a lawyer?

The last time i ever lent money to a friend.... he stood in front of me telling me the sad story why he cannot pay me back while smoking a cigarette! I am standing there thinking... "there is my money burning in your mouth" and despite all his misfortune he just told me, somehow he has no problem affording cigarettes. No food in the fridge, eviction notices, the electricity is cut of, but no matter what, can still afford cigarettes. That really pissed me off!

 

[Really annoyed]

It is sad how often 'friends' don't pay back money. And the funny thing is, it is not something i would personally ever consider doing - why can't i lend money to someone like me??

So what you really need in order to have a solid case is some acknowledgement from him that he owes the money..... it could be a simple text message saying "i will pay it back next week/whenever" Or "i cannot pay it back right now because/whatever"

If you don't have any acknowledgement in writing, then it weakens your case, but exactly to what extent you will have to ask a lawyer?

The last time i ever lent money to a friend.... he stood in front of me telling me the sad story why he cannot pay me back while smoking a cigarette! I am standing there thinking... "there is my money burning in your mouth" and despite all his misfortune he just told me, somehow he has no problem affording cigarettes. No food in the fridge, eviction notices, the electricity is cut of, but no matter what, can still afford cigarettes. That really pissed me off!

Yes, all our money we lent him went on alcohol. He never offered to put money towards rent or bills but was able to go to the pub or buy bottles of whiskey and beer. Really annoying how someone you think you know turns into such a d*** and leaves you high and dry when you just helped. I will never help anyone again. And it is horrible as we are good people...

There is a SMS somewhere asking for money and saying you know I am good for it. But mostly it was verbal. Absolutely no issues asking for a loan weekly!!!

 

[Clancy]

Yes, all our money we lent him went on alcohol. He never offered to put money towards rent or bills but was able to go to the pub or buy bottles of whiskey and beer. Really annoying how someone you think you know turns into such a d*** and leaves you high and dry when you just helped. I will never help anyone again. And it is horrible as we are good people...

There is a SMS somewhere asking for money and saying you know I am good for it. But mostly it was verbal. Absolutely no issues asking for a loan weekly!!!

The priorities of some people are crazy.... they would rather have a bottle in their hand than a roof over their head, and then expect people to feel sorry for them! F off.

You will need to find that text, and possibly there are more you forgot... pure gold as evidence in court. But even if you win, what assets does the guy have? If he has nothing you will get nothing win or not, so the only reason you will be taking him to court is to teach him that his choices have consequences.

 

[Ruby Tuesday]

This all depends on how much money you lent your friend and whether you are willing to go through the process (time and emotion) of having it heard in Court.

Small Claims Division in the Local Court is for claims under $10k.

If you were to find your friend and would like to start an application in Small Claims with a statement of claim, you would probably need to do this self represented based on the amount (assuming it's under $10k). The legal fees to hire a solicitor to represent you for this claim would far exceed the claim unless you can come to some sort of agreement.

These types of "credit claim cases" come down deciding the credibility of people.

The Magistrate will make a determination based on any evidence and then determine based on "he says, she says" evidence either written or verbal in Court. This determination is discretionary.

The timeframe is usually 3-6 months from lodging statement of claim.