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VIC How to Get Ex to Pay Her Debt?

Discussion in 'Debt and Bankruptcy Law Forum' started by lackaz, 1 October 2015.

  1. lackaz

    lackaz Member

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    I have recently separated from my partner and she owes me $3500 from a variety of things during our relationship that she agreed to pay me back for as she was broke. She has signed a short statement stating she would pay me back but has since not spoken to me. I have receipts of her debt for about $2500 of it and the rest were all small items I thought would get paid off. She has since gone and purchased things for herself so I know she has money.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Lackaz,

    You will need to file a claim in the small claims tribunal which in VIC is VCAT I think. You will need to be able to prove that there was an agreement between you that she would pay you back for the things that you purchased for her and that they were not gifts. Do you have any evidence such as texts, emails etc?
     
  3. lackaz

    lackaz Member

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    Thank you for your help!!
    I had a feeling i'd have to go through VCAT...
    Yes i have texts from her stating she will pay me the full amount. I also asked her to sign an agreement that stated she acknowledged she owes that amount and will pay the money back but we left the date to pay blank as she is broke and didn't think could get a loan anytime soon.

    I also have texts from other family members acknowledging that the money is owed and not a gift.
    Do i need receipts from everything? I have kept receipts and she has some but the rest we were just adding as we went (stupid idea).
     
  4. JS79

    JS79 Well-Known Member

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    You will need to keep all receipts and correspondence between the two of you.
    It would be a good idea if you can get one of her family as a witness for you in order to take to the hearing in front of the magistrate.
     

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