วันอาทิตย์ที่ 12 กรกฎาคม พ.ศ. 2552

What kind of lawyer should I seek under the following situation?

I give a loan about $8000 Aus dollars to a friend of mine and I am unable to get it back. It's been 7 years now and have not received any money from them. Right now I am in U.S . My question what kind of lawyer should i look for and is there any lawyer in U.S who will have connection with Australia Lawyers to deal this matter. Please help.


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.

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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)

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.

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.

You have to consult a lawyer in Australia. Be aware, the statute of limitations may have run on your claim.

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!

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

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