Debt Recovery in De Facto Law Proceedings

Date: May 15, 2008

Authors: LAC Lawyers

Miss J instructed me in relation to a debt recovery matter resulting from a previous de facto relationship. Following the break down of their relationship, Miss J and her ex partner Mr K, had signed a contract whereby, Miss J was to transfer the parties’ joint property to Mr K, so it is in his sole name, and, in return, Mr K was to pay to Miss J $12,500 within one month, being her share in the net proceeds of the property. Mr K did not pay the $12,500, despite Miss J’s requests. Miss J’s instructions were that she was certain Mr K would not pay the amount owed without the issuing of legal proceedings against him. A factual, yet aggressive letter of demand was drafted and forwarded to Mr K, asking him to pay the outstanding amount within 14 days, and outlining the consequences of not complying. Within 5 days, LAC Lawyers had received full payment of $12,500 from Mr K. When informed that the outstanding money had been paid by Mr K, Miss J’s response was: ‘I greatly appreciate your work. If I ever need legal assistance again, I will make sure I call you up.’

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