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NSW Husband Received Money from Friend - Now Friend Threatens to Sue?

Discussion in 'Debt and Bankruptcy Law Forum' started by Shygirl, 4 July 2015.

  1. Shygirl

    Shygirl Member

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    Hi, please help. My husband's best friend won the lotto. He phoned my husband and told him your money worries are over, I will pay off your credit card debt because I won the lotto. Then he paid my husband's credit card worth $22,000.

    My husband told him that he will give him a bit then his friend said "no, don't worry, don't worry Don't pay me". My husband is depositing 50 per week to his bank account just to give him a bit. His best friend even told me that my husband doesn't need to give him the full amount. He came from nothing then got a million and became arrogant.

    When his wife caught him taking illegal drugs, he pushed my husband to message his wife and tell her that it was him who was using it cause his friend said, "you have to do it for me since you owe me big time'. Now they borrowed money from us and we lend them some. Now we've stopped giving them 50 cause they are not giving us back the money.

    We are just waiting for them to give us back the money. They kept on asking for 50 even though my husband just lost his mother. He never spare my husband and said he will SUE us if we don't give them back the full amount and they will do something to us. He only wants to get all the money that he gave to his friends when he won the lotto because now they are realizing he wants some more money.

    Thanks please help us.
     
  2. Tim W

    Tim W Lawyer

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    There seem to be be three separate questions here.

    (i) On the question of paying off the credit card

    Going only what you have told us so far (missing facts missing,
    and with any unstated ifs, buts, and variables not allowed for),
    it looks like paying off your husband's credit card was a plain and ordinary gift.

    Looking at the circumstances, as much as we know them from your post above,
    there was no fraud, no pressure, no request, and not even an expectation from your husband
    in respect of receiving any money.
    Nor do I see I don't see anything in what you have told us (about the credit card etc) that looks like a borrower-and-lender arrangement.

    On that basis, no, I can't think of a circumstance in which your husband's friend
    could get that money back.​

    (ii) On the question of the loan you made to them

    Going only what you have told us so far (missing facts missing,
    and with any unstated ifs, buts, and variables not allowed for),​
    • I don't see how you need to keep giving them any money.
    • You may have an action against them for them not repaying the loan
      you have made to them, but reality is, don't expect to get back any of the money you have loaned them.
    (iii) On the question of "...doing something to us..."
    • Depending on the facts and circumstances (no, don't tell us!),
      that can be a thing called "demand money with menaces",
      which can be an offence (that is, a crime).
    • Consider going to the police, or
    • Consider an AVO or similar
     
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  3. Shygirl

    Shygirl Member

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    Hi, thank you so much.
    If he filed a case against my husband does my husband need to attend a court hearing as this is my husband's worry coz he is working?
    Another thing we also received text message from him saying that the court will get 6.5 percent interest standard in litagation cases + court cost & recovery
     
  4. Shygirl

    Shygirl Member

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    Hi, thank you so much.
    If he filed a case against my husband does my husband need to attend a court hearing as this is my husband's worry coz he is working?

    Can my husband be sued without any agreement or contract? As he is changing his statement now he said on text that its his good faith and friendly gesture that he lends my husband money without interest.. now he is using the word lending which is not true.

    He is scaring us also by saying on text that the court will get 6.5 percent interest standard in litagation cases and court cost & recovery from us.
     
  5. Tim W

    Tim W Lawyer

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    If he's summonsed then yes, he (or his lawyer) has to attend.
     

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