Debt Recovery-How to accuse for Deception

Long story short, I have been a victim of deception (business investment scam) where I lost $75000 AUD. I gave statement to victoria police where I also submitted a lot of evidences like dishonoured cheques, contracts, bank statements, call recordings etc, but unfortunately, victoria police concluded that the incident (inident number was also assigned) is a civil matter and detective asked me to go through civil court.

After being disappointed with police, I have now lodged a case with Megistrate court (Instrument act - dishonoured cheques) and tried process server and many other ways to serve the court paper to defendent, who has changed his address and not disclosing his new address to avoid a case againt him.

Now that conventional ways of serving court paper to defendant have failed, I have planned to submit an affidavit to the court explaining all my efforts to locate and serve the court paper, and request court to allow "Order for Substitued Service" so I can send him court papers VIA email where we had many conversations before.

My question is, as this is more than a case of dishonoured cheques, how can I request court to allow me accuse the defendant for Deception based on various evidences that I have?

Comments

  • +4

    Bikies.

    • +1

      ACA, today tonight

  • +5

    Sorry to hear you're in this situation, but especially given the sums involved here you should be talking to a solicitor not the Internet

    • +1

      Well I have taken a lot of advices from soliciters, then decided to go for self-litigation of the case, hence I am in this position right now where I have lodged the case at court and now proceeding with it.

      Anyhow I will talk to the lawyer again if they can help me at this stage in accusing defendent for deception.

  • +1

    Get one of the larger law firms like Slater & Gordon, Minter Ellison, etc who have a no win no fee option and you can negotiate the fee upfront. They should be able to clearly advise you on what your legal position is based on the information/evidence you have. As mentioned above, this is not the place to solicit advice.

  • Yes speak with a lawyer. But also search cases involving deception to get an idea http://www.austlii.edu.au/ . Keep in mind the relevant legislation changes, laws get repealed and new laws come in

  • " I have now lodged a case with Megistrate court"

    I wonder long that court will take ;)

  • Any updates on this?

Login or Join to leave a comment