Question
You are to read the following case scenario and then answer the questions below. You work as a lawyer in the Sydney CBD. Your firm's
You are to read the following case scenario and then answer the questions below.
You work as a lawyer in the Sydney CBD. Your firm's name is Smith & Co Lawyers. Last week, Bob Sidhu made an appointment to come and see you. During that appointment, Bob explained to you that he has been chasing the sum of $135,000 from Emma Taylor for months. Bob loaned Emma the money as a personal loan on the following conditions:
a) The sum would be repayable in full by 31 January 2020; and
b) Emma would pay interest at the rate of 5% per annum on the loan. Emma has not repaid the loan and has ignored various attempts by Bob to contact her.
Bob is aware that Emma owns a house in Manly with her husband valued at $1.8 million. He understands there is a mortgage over the property for approximately $500,000. Bob has been to Emma's home and has seen a number of large screen TVs and what he describes as "expensive furniture" although he doesn't know how much they are valued at. Emma owns her motor vehicle, a Toyota Rav4 valued at approximately $28,000. Emma works for the Commonwealth Bank of Australia in the position of Manager earning approximately $80,000 per annum.
Your report to Bob should address the following:
1. Advise Bob what action you can take on his behalf including what steps are involved in attempting to recover the money and which Court you would need to go to.
2. Draft a brief solicitor's letter of demand addressed to Emma Taylor. The letter should contain all the necessary information required of a letter of demand.
3. In the event that Bob is successful in obtaining Judgment, advise Bob on the most effective enforcement options to recover the funds from Emma Taylor and why.
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