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Loan to another - Can I recover?

  • 08-12-2011 1:38pm
    #1
    Saint Sonner
    Registered Users, Registered Users 2 Posts: 1,000 ✭✭✭


    Not looking lega advice just whether i should waste money on a meeting with solicitor.

    I have a friend who got her boyfriend (now her ex boyfriend) out a loan at his request for £8,000 because he was unable to get a loan himself. He promised to pay her back. She has now paid off the loan - her mother has been in contact with the ex boyfriend who was still promising to pay back and there are text messages to this affect. Recently he is not contactable and it looks like he's not going to pay back. There is obviously a paper trail from when she got the loan out and gave it to him by cheque.
    Does she have a strong case to take to a solicitor/court and if so how likely would it be to be successful?


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Chance of legal success high, she will get judgement, enforcing it is another issue. It is Circuit Court jurisdiction so the cost will be higher than in DC.


  • #3
    Saint Sonner
    Registered Users, Registered Users 2 Posts: 1,000 ✭✭✭Saint Sonner


    ResearchWill wrote: »
    Chance of legal success high, she will get judgement, enforcing it is another issue. It is Circuit Court jurisdiction so the cost will be higher than in DC.

    Thanks for the advice - what is the equivilent to the circuit court in northern ireland do you know? WHat is the problem enforcing it in your opinion?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Saint Sonner wrote: »
    Thanks for the advice - what is the equivilent to the circuit court in northern ireland do you know? WHat is the problem enforcing it in your opinion?

    County Courts, dont know the limits so you would need to get legal advice from Solicitor in NI. The problem with enforcing is that you cant get blood from a stone, if the debtor has no money or very little you could end up with a judgement for 8K getting a fiver a week, depending on the persons means, courts can only order a person to pay what they have. Also brankruptcy is way easier in NI.


  • #5
    Saint Sonner
    Registered Users, Registered Users 2 Posts: 1,000 ✭✭✭Saint Sonner


    ResearchWill wrote: »
    County Courts, dont know the limits so you would need to get legal advice from Solicitor in NI. The problem with enforcing is that you cant get blood from a stone, if the debtor has no money or very little you could end up with a judgement for 8K getting a fiver a week, depending on the persons means, courts can only order a person to pay what they have. Also brankruptcy is way easier in NI.


    Thanks for the help! Hopefully she will get at least some of her money.


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