QLD Letter of Demand - What to Do if Can't Contact Debtor?

[JasonP82]

Hi,

I loaned somebody some money a while ago, and they are refusing to repay it. I want to send them a letter of demand, however I don't know their address. They've also blocked my number so I have no way to contact them. What is my best legal option in this situation?

 

[Tracy B]

Have you tried:

• Their relative or friend (with whom they have regular contract)
• Social media
• Email address
• Place of work
• Last known residential address (perhaps the current tenants may give you some direction)
• Personal confrontation

If you wish to initiate legal action against them, you can seek court for further direction as to how to contact them.

 

[Sophea]

Hi JasonP82, check out these other posts too:

VIC - Personal Loan to Friend - How to Get Back? | LawAnswers.com.au Legal Aid Forums

 

[Louise86]

Hey,

I also have a similar situation.

I am owed money by an ex housemate, who has now fled to Melbourne. I have emailed him the Letter of Demand, however, I really want to make sure he just doesn't ignore it. However, I have to address it to him.

I know that his sister lives here in Sydney and I know where she works. Does anyone know If I am able to send it to her (signed for)? I have previously messaged her and she told me she would rather not get involved. However, I would rather like to get my money back.

I have in writing that he was going to pay me the amount.

Any help would be great!

Thanks

 

[Sophea]

If you want to get serious about it - you can pay a service agent or investigator to find him for you. If you want to institute legal proceedings I would suggest this course of action. Serving it on his sister may get the letter to him, but in order to properly serve someone by giving it to a relative you need a court order for substituted service.

Try getting his contact info from his sister or serving a letter of demand on her for him, but if she refuses to cooperate, I would get a service agent to track him down for you. Or do some investigative work yourself in phone books, social media etc.

 

[Louise86]

Ok. So is it my understanding that I can ask the courts to serve the papers to his sister?

The thing is, neither of us a residents here. I am from the UK and he is, too, but has an NZ passport. I am unable to locate a fixed address for him.

I will definitely look into getting a private detective too.

Thanks

 

[Sophea]

Yes you need to apply for an order for substituted service and you can only get it if you have tried unsuccessfully to locate him and it is the only option left.

 

[Louise86]

Ok that's great.

Thank you so much for your help.

 

[Louise86]

Hello,

I wrote to my ex-housemate's sister and low and behold, he replied to my letter of demand via email.

He is claiming that I owe him a number of things which I don't and can prove. However, he is asking that I pay half of the utility bills from sept 2015 - April 2016.

However, the agreement, all be it a verbal one, at the time was that he would pay the bills as he worked from home and required higher use of the electric and a much bigger and faster internet package due to the nature of his work.

I asked for copies of those bills and they are all in his name. When he moved out in April this year, I then had the electric transferred into my name and continued to pay.

Is he legally allowed to demand 50% of the bills that are in his name alone?

Thanks