Legal Question in Credit and Debt Law in Australia
Money owed to me
An ex friend owes me $940. There is no proof of me lending him this money, is there any way I can get it back using the legal system? If no, how about if I have him sign a statutory declaration stating I did lend him that money and he will pay me back? Is that a legally binding doc? And then would I be able to get it back using the legal system?
1 Answer from Attorneys
Re: Money owed to me
you could lodge a claim in the small debts jurisdiction of the magistrates court in your state. You would need to be able to prove that you had leant the money (there might be a bank statement showing the money comng out of your account or a friend may know know about it).
You don't need the borrower to sign a stat dec. a simple acknowledgement of the debt is sufficient.
You then need to make demand for repayment in a reasonable time (say 14 days) failure to pay would give you a cause of action.
The demand and everything to do with it should be in writing and dated.
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