getting money out of someone

[Englishbird]

My ex owes me a significant amount of money.  It is proving very hard to get it out of him.  Is it possible to sue someone privately, anyone know how i would go about it.  thanks x

[Miss Zippy]

Unless you have a written agreement with your ex setting out the loan of monies and repayment, I'm afraid you have very little hope of achieving success by pursuing him through the Courts. You would firstly have to prove to the Court (Small Claims Court if the amount is �5k or less; Country Court if more) that a contract was in place and that he has breached that contract. Where 'domestic' agreements are concerned,  whether it be between partners/spouses or friends, the presumption is that they are not intended to create legal relations (i.e. you can't sue on them if things go pear shaped).  The onus would be on you to rebut this presumotion and prove that there was an intention to create legal relations.  If you are confident that you could demonstrate there is a contract in place, then I suggest a trip to the CAB to discuss submitting a claim (if it would be a small claim, you wouldn't need to get solicitors involved; it is a relatively inexpensive, quick and easy process).

[Didwot]

But if you really want to do it yourself there is no better place to start than the Court Service Website

[Englishbird]

not what i wanted to hear ;o) but thank you very much, very helpful.  I'll just have to threaten him then!! - (joke. btw)

[erimus1]

'fraid I am not an complete agreance with Miss Zippy. Albeit she has gone through all the requirements for a legally binding contract, and I do agree that your only problem might be the 'intention to create legal relation', the courts do make allowances for this, and in practice, black letter law does not always come into play.

You can make a money claim on line - not sure what the amount you can go up to now, but it is more that the previously stated �5,000

In the first instance, why not send your ex a well worded letter from your solicitor as a pre-court procedure. But, you must be prepared to take it to court if this is not forthcoming - never make empty threats.

Money Claim Online - form the county court website guarantee to serve documents within 48 hours - timescales for hearings vary on your location - foir me in North Wales, it is currently about 5 to 6 weeks.

Good luck.

[erimus1]

By the way Miss Zippy, 'Small Claims' is a track within the County Court!

[kazza12345]

if only you lived in the usa - you could go on "judge judy"  (itv2 at about 6pm daily)

[Miss Zippy]

erimus1 - I'm well versed with the Small Claims and County Court thanks having worked in legal practice for many years!  Having dealt with many similar claims like Englishbird's where a co-habiting couple split up leaving debt and/or money owed to one or other partner, I'm  speaking from experience. The small claims limit is still �5k, but claims for higher amounts can be dealt with in the small claims court if the defendant agrees to this and if the judge thinks the case is sufficiently straightforward. 

[milly143]

get a hitman out on him, he'll soon give it back (maybe with some interest if your lucky)

Don't really do that! I'm just being silly.

I'll get my coat..........