NSW Is oral contract legal?

Discussion in 'Debt and Bankruptcy Law Forum' started by jes11054, 14 June 2018.

  1. jes11054

    jes11054 Member

    14 June 2018
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    10 years ago I gave a family friend a personal loan of $8000.00 without any legal document sign (contract etc).
    Even though she said that she will give me back the money as soon as possible but over 10 years she only pay me back $3000.00
    I just find out that the person have plan to travel, bought a new car but still don't want to pay me back my money.
    She also verbally said that "I don't have money, if you keep bothering me then I won't pay anything to you. If we take this matter to court you won't be able to get money from me anyway."
    Legally, will I be able to win this case and get my money back? Is it worth to do so?
  2. DMLegal

    DMLegal Well-Known Member

    28 May 2018
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    Sorry to hear about your issues with your 'family friend', things like this really boil my blood. The issue in these cases is proving an 'intention to make legal relations', although given the amount of money involved, and the fact the person is not 'family' but a 'family friend' I don't see it posing too much of an issue. Also, the fact the person has made $3000.00 in repayments removes the ability to consider it a gift. I think you have an 80% chance of winning from what you have said. Try and get sms messages or emails with her stating things to the effect 'I won't pay anything' etc. Anything that can infer that she knows she owes it. Because its less than $10k you could make a minor claim at the magistrates court.

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