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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 757
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I lent my ex £3.750.00 it was in a cheque form as i didnt

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I lent my ex £3.750.00 it was in a cheque form as i didnt have a bank account at the time, i told him that he could keep £1..750 of it for a rainy day,the rest I wanted back, but as he's no longer with me,and it was in 2018,can i get my money back?
JA: Where are you? It matters because laws vary by location.
Customer: cheshire uk
JA: What steps have you taken so far?
Customer: none as he went to prison and only came out 2months ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it is a long and complicated history, but i need advice on this issue now.

Hello my name is Ross and I can help with this matter.

The simple answer is yes!

What you will have to do is raise a small claims action against your ex partner. You can do this yourself and for this sum of money I would not advise instructing a lawyer. You can google this and do it online easily. As it was 2018 you are still within the time limits to are a claim (3 years). Just raise the action and explain why you are asking for the money. You will b table to show the payment to your ex because it was a check. Their only defence is that it was a gift however, as long as you show that this was not the intention then you wont have any issues proving your case. These disputes happen all the time and the judges are well aware of them. I don't think you will have any issues getting a judgment in your favour the only issue you may have is physically getting the money back. However sometimes the threat of legal action is enough to get them to return the payment.

 

 

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 10 days ago.
how do I go about getting my money back

What you will have to do is raise a small claims action against your ex partner. You can do this yourself and for this sum of money I would not advise instructing a lawyer. You can google this and do it online easily. As it was 2018 you are still within the time limits to are a claim (3 years). Just raise the action and explain why you are asking for the money. You will b table to show the payment to your ex because it was a check. Their only defence is that it was a gift however, as long as you show that this was not the intention then you wont have any issues proving your case. These disputes happen all the time and the judges are well aware of them. I don't think you will have any issues getting a judgment in your favour the only issue you may have is physically getting the money back. However sometimes the threat of legal action is enough to get them to return the payment.

 

 

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and other Law Specialists are ready to help you

My apologies the time limit is 6 years not 3, one of my colleagues pointed out my mistake which was a "keystroke error" either way it does not affect the advice I have gave you.