VIC How to Get Ex to Pay His Debt to Me?

[Bronnie Wishes]

3 or so years ago, my boyfriend at the time borrowed $3000 from me to pay off a dodge migrant agent. He said he would pay me back the debt one day. About 12 months ago, he borrowed another $1000 from me to move houses, as he was unemployed and lost him money on the pokies.

The relationship ended in June this year, and he decide to go to his home country to meet his new bride. He hasn't attempted to pay me the $4000 he owes me. I asked him about this a month ago and he claims to not remember me ever lending him the money.

I've tried to contact him, and he is ignoring me. I've offered him a weekly payment plan, but nothing. How am I supposed to get my money back?

 

[Sophea]

Hi Bronnie Wishes,

If your ex is still overseas and has no intention of coming back to Australia, your options for recovering the debt are quite limited. It is made easier if he is in a country that has reciprocal service of documents and enforcement arrangements.

If you have written letters of demand to him with no response I would suggest your only other option is to institute legal proceedings. I would send one more letter of demand prior to doing this indicating that if the monies are not repaid by a certain date or you come to some other arrangement as regards payment then you will institute legal proceedings in Australia to recover the debt.

You first need to determine what evidence you have and whether this will be sufficient to prove to a court that you did indeed have a loan agreement with this man and that he has failed to pay the money back to you. This can be anything in writing, text messages, emails and evidence you have transferred the money to him - bank statements etc. Then, of course, any correspondence asking for the repayment of the loans.

If you do have sufficient evidence you can file a claim in your local magistrates court or small claims tribunal. You then need to somehow personally serve him with the court documents. This is made easier in countries that have agreements in place with Australia for the service of court documents. Once you have proven he has been served with the documents then you can go ahead with the case. Once you have a judgement - your next hurdle is enforcing the judgement. This step is easier where Australia has reciprocal enforcement arrangements for court proceedings as you can have your judgement filed in a foreign court and executed there.

 

[Bronnie Wishes]

Thanks. He has returned to Australia. Unfortunately, I haven't evidence whatsoever. He asked for the cash personally. All I have is my word against his.