I give the loan about 00 Aus dollars to the crony of cave as well as we am incompetent to get it back. It’s been 7 years right away as well as have not perceived any income from them. Right right away we am in U.S . My subject what kind of counsel should i demeanour for as well as is there any counsel in U.S who will have tie with Australia Lawyers to understanding this matter. Please help.
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Comments: 8 comments
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mohammed M
August 2nd, 2009 at 9:52 am
First, you need to find out whether there is still a case to answer, 7 years is a long time. You need to speak with a contract lawyer, it helps if you can prove the loan was not a gift. You do not need written evidence as contracts can be made orally. As this is a social relationship, the courts will presume that there was never any intention to create a legal relationship, it is for you to rebut this presumption. Ask yourself, when you made the loan, was your friend fully aware that failure to pay it back would result in legal action. If yes, go to court. Small claims court is not sufficient if the amount of damages you are seeking is greater than $5000. Australia and the US have very similar legal systems. Speak to any contract lawyer who can advise you.
Spiny Norman
August 2nd, 2009 at 9:52 am
If you didn’t have a binding written agreement for him to pay you back I would forget it and move on. It will cost you what he owes in legal fees!
sabbyskye
August 2nd, 2009 at 9:52 am
In the USA we have what is called small claims court. You do not need a lawyer for small claims court… so go to your local municipal court and ask them what paperwork you will need to file.
rickinnocal
August 2nd, 2009 at 9:52 am
The civil Statute of Limitations in Australia varies by State, but for a loan it is in no State over 6 years, so you are almost certainly timed out.
Richard
D
August 2nd, 2009 at 9:52 am
Do you have written proof that you gave the loan. Do you know where the person you gave the loan to lives. If you have I would contact a lawyer in Australia. Why pay someone in America when you can communicate via mail, e mail etc to Australia. It may end up being a civil matter.
Scouse
August 2nd, 2009 at 9:52 am
For a start what evidence do you have. Most lawyers will appoint an agent to deal with matters in another country but it is expensive. I don’t know what the exchange rate is for US and Australian dollars butask iss it worth the hassle. You could of course appoint an Australian lawyer yourself but again costs come into it
1 Aust$ = 0.6488 US$ 4th Feb Claim 5100 Us dollars 0r £3600 in UK
IN ANY EVENT IT MAY BE OUT OF TIME (didn’t mean to shout)
maxmom56
August 2nd, 2009 at 9:52 am
You have to consult a lawyer in Australia. Be aware, the statute of limitations may have run on your claim.
David Whyte96
August 2nd, 2009 at 9:52 am
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