Can bounced cheques be used as evidence?
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Dear Aunt Agony
A friend and ex-colleague of mine owes me a substantial amount of $ about 5 years ago. At that time I was aware that he needs the funds to pay off some of his stocks and share losses. He promised to pay me back within a year and gave me 2 cheques which bounced.
There were no documents or letter of contract to reflect the loans which I gave him at that time. Although I tried to get the $ back he came out with all kinds of excuses and delayed tactics. And worse still I recently discovered that he is now a bankcrupt !
My question is I can sue him or try to get bank the $ owed by producing the bounced cheques as evidence for the $ owed? I understand his particular bank account has already be closed 4 years ago.
I'd appreciate your feedback and advice.
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Forget it,take it as a lesson,never borrow friends $$$...
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he can turn the tables and say the bounced cheque is you wanna borrow money from him
anyway, he now bankrupt liao
wat else can u do?
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Perhaps small claims tribunal can help.Without proof it's hard though.
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Originally posted by Bio-Hawk:
Perhaps small claims tribunal can help.Without proof it's hard though.
Small Claims Tribunal is for Business's Bad Debt,not for personal ones.
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Maybe we need to implement local standard loan form system as a valid evidence
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Generally, contracts in Singapore do not have to be in writing although it is always good to have it written down on paper. But the issue here is that this transaction is made between friends (i.e non-strangers), the law does not recognise social/domestic transactions that do not show an intention to create a legal relationship - it is likely that this "promise" is not legally enforceable. So you may not have a legal basis to sue him or commence litigation in Court.
Secondly, if he is already declared bankrupt (by law), there will be other creditors (eg. banks) that are after him. They will get a share of his assets first, before you.
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Alrighty then. At least now I know where I realistically stand. Looks like gone with the wind already. Thanks Deborah and the rest for your "eye-opener" feedback.
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the moment you lend someone $ u must already be prepared not to get it back
if got return, it's a bonus, not a must
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Hope that you will get back your money or at least some part of it! :)
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Is he married? Does he have a house? Do you know where he lives?
You know the ideas....but don't do something lawless please.
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Originally posted by Wargamon:
Is he married? Does he have a house? Do you know where he lives?
You know the ideas....but don't do something lawless please.
wat supid ideas u suggesting? kidnap the wife? spray O$P$?
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go there take #selfie ah?
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Don't tell me go there hang pig head.
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cant get money back oredi so cham
still must spend money go buy
ah? -
Ya lo Ya lo. Sekali the victim very happy, can take the pig head go cook big meat bun. Sedap sedapnya.
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depends on what... and what are your stand?
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The most I lend friends/colleague is $5 per person. Those really close friends/colleagues. Not close ones, I said no money. Never lend big sums of money to them, let them loan from banks.
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