http://www.amazonandcom.info/blog/what-kind-of-lawyer-should-i-seek-under-the-following-situation/ Discountonline Resources Tue, 07 Sep 2010 02:03:06 +0000 http://wordpress.org/?v=2.7 hourly 1 http://www.amazonandcom.info/blog/what-kind-of-lawyer-should-i-seek-under-the-following-situation/comment-page-1/#comment-5175 mohammed M Thu, 12 Mar 2009 17:50:57 +0000 http://www.amazonandcom.info/blog/what-kind-of-lawyer-should-i-seek-under-the-following-situation/#comment-5175 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. 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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