NSW Girlfriend owe me debt

[Bjameslowe]

Around 6 years ago I had lend my girlfriend $200000 it was a bank transfer of two denominations of $100000 in a total of $200000, since my bank would only allow that limit, this money for a lawsuit from a motor vehicle accident and was deposited into my van via cheque. I wanted to know what options I have as there’s no other paperwork or evidence besides bank statements? Cheers.

 

[Rob Legat - SBPL]

So you gave your girlfriend $200,000 and you received a cheque? You haven’t mentioned if there is a difference.

In any case, unless there is an acknowledgment by your girlfriend that she owes the money, or some agreed repayments, within the last 6 years you may have a hard time proving it. If she hasn’t, then even if it is found to be a debt the limitations statute cuts out at 6 years - meaning you can’t commence an action to recover it.

 

[Bjameslowe]

So you gave your girlfriend $200,000 and you received a cheque? You haven’t mentioned if there is a difference.

In any case, unless there is an acknowledgment by your girlfriend that she owes the money, or some agreed repayments, within the last 6 years you may have a hard time proving it. If she hasn’t, then even if it is found to be a debt the limitations statute cuts out at 6 years - meaning you can’t commence an action to recover it.

Yes the cheque I received was from the insurance company, I then made the deposit into my van account, then the money has been transferred into her account. My van account would clearly show that it has been transferred into her account, wouldn’t that be evidence?

 

[Rob Legat - SBPL]

It would be evidence to prove that you gave her the money, but not the reason why or that there was an expectation of repayment.

 

[Bjameslowe]

It would be evidence to prove that you gave her the money, but not the reason why or that there was an expectation of repayment.

The $200000 was transfered over when I received the check from slater & Gorden from my NRMA court case for my injuries, wouldn’t that be suffient?

 

[Rob Legat - SBPL]

No, because it doesn't explain the reason for the transfer. It could be a gift, or payment for the purchase of something, or you repaying a loan to her.... and so on.