LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Recovering Debt from Son - Legal Aid QLD or Do Myself?

Discussion in 'Debt and Bankruptcy Law Forum' started by Malena, 23 January 2015.

  1. Malena

    Malena Member

    Joined:
    23 January 2015
    Messages:
    2
    Likes Received:
    0
    I lent $40,000 to my son ( personal loan) almost 7 years ago and he never makes any attempt to pay. My relationship with him is now non-existent, making recovering my money harder if not impossible.
    I got a lawyer to write a letter of demand stating that he has 7 days to reply this letter or the case will go to Court. He didn't reply. I am finding hard to take the case to Court, specially if I have to be present. Also, I don't have the money to pay the Court and the new letter writing by my lawyer. I am a low income earner.

    Am I entitled to Legal Aid QLD?
    Is 7 years too late to recover a debt?

    Thank you in advance.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Malena,

    The time limit for bringing a contractual claim (which a loan would be classified as) is 6 years from the date the cause of action arose which would essentially be the date the debt became payable and he didn't pay it. Outside of this your action would be statute barred.
     
  3. Malena

    Malena Member

    Joined:
    23 January 2015
    Messages:
    2
    Likes Received:
    0
    Hi Sophea,
    Thank you for explaining to me about the possibility of recovering my money.
    I took a lawyer to draft a letter, which my son didn't acknowledge. Two weeks later, my lawyer
    tells me that we can take the case to the Court and I need to pay up front. I am afraid to begin something
    I won't be able to finish because of her fees. I am wondering if it is worth taking this matter to Court.
    Kind regards,
    Malena
     

Share This Page

Loading...