How I, as a Lawyer, Would Get Back Money I Lent - 8 (Sending a LINE Message to Secure a Repayment Promise)

[ Introduction ]

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In this blog, I share what I, as a lawyer, would do if I were to become a 'party' to a dispute or trouble.

I myself have never been a party to a major dispute or trouble in my life so far, so I may not be in a position to speak for the suffering or anxiety of those who are facing such issues at this very moment.

However, I believe that if I can share how I would handle things from a lawyer's perspective when I am a party to a dispute, it might be helpful to all of you reading this.

Since this is strictly 'what I would do,' I realize it may not necessarily apply to everyone reading, but I would be very happy if you could use my approach as a hint and apply it in your own way.

Unfortunately, I cannot know the faces or names of everyone reading this, but thank you for visiting. It is truly encouraging.

[ Today's Topic: Getting Back Money You Lent ]

Today, I will continue to talk about 'getting back money you lent'.

Now, yesterday, I explained 'quasi-loan for consumption'.

I forgot to mention this yesterday, but lending money is called a 'loan for consumption'.

(To be precise, a loan for consumption can be established for things other than money, so lending money is called a 'monetary loan for consumption.' Examples of loans for consumption other than money include flour or rice. You use the borrowed flour or rice for business or to eat yourself, and then procure and return it later. However, I think 'loans for consumption' other than money are almost non-existent these days.)

With a 'loan for consumption,' you must prove these two things:

・A promise to repay at a later date

・The fact that you handed over the money

However, with a 'quasi-loan for consumption,' proving 'the fact that you handed over the money' becomes unnecessary.

If you can secure a promise that 'a balance of XX yen remains to be repaid,' that alone makes it legally possible to demand repayment.

Also, I will say this just in case: this blog does not explain how to get money back quickly. Or rather, I cannot. Because I don't know how.

Know-how like 'if you use these words, the other party will want to repay' is not the place for a lawyer to step in.

In fact, I personally consider such know-how to be harmful.

I think it is the height of arrogance for a mere lawyer to act as if they understand the world, basing their claims on only a tiny bit of experience (many lawyers mistakenly believe they have gained sufficient experience after handling just a few cases) and haughtily saying, 'If you say it this way, it's effective.'

The world is far more complex than the average lawyer knows. Lawyers must keep that in mind.

We lawyers just happened to have a bit more talent for studying than others, which allowed us to pass the bar exam and gain experience with the cases we handled as part of our jobs.

That is all we are. We know nothing about the world.

People who think they know everything based solely on experience are particularly problematic. I believe the saying, 'Fools learn from experience, while the wise learn from history,' is the truth.

This is especially true in the modern era, where times change rapidly.

In Japanese society until now, experience has been respected, and I think there are many cases where utilizing experience has actually worked well, but that is not the case now.

Let us humbly learn from history. In other words, let us read books.

There is no event more narrow in scope than one's own experience. To generalize from that, when you really think about it, is the height of folly.

However, many lawyers rely on experience. That is not good.

Being a lawyer is a job with truly heavy responsibilities. Nevertheless, many people hold the poor idea of relying on experience.

As a result, they end up repeating the height of folly, but since that leads to failure, what ends up being created is an old man (or woman) who is good at shirking responsibility.

I do not want to become such an old man. While accumulating work as experience, I want to be a lawyer who reads properly (reading is fun, so I can do it without any special effort), learns about the world little by little, and does not shirk responsibility.

Now then, I have digressed too much, but what kind of LINE message would I, who am spouting such things, send to establish a 'quasi-loan for consumption' as a continuation of yesterday's blog?

If it were me, in order to lower the other person's guard and put them at ease, I would properly write down the reason for resuming the LINE conversation and then apologize.

For example,

'I'm sorry about the other day. When your mother was having a hard time and you were feeling anxious, I sent words that made you feel even more anxious. I also want your mother to get well soon, so I want to do everything I can.'

I would send something like this. And then,

'If you see this message, I would like you to reply.'

I would continue with that.

If there is no reply here, it is the end. You have no choice but to give up.

First of all, to begin with, if you want to file a lawsuit to demand repayment, you need the hostess's address and real name. If you lose contact without even knowing her address and real name (for example, if she quit the cabaret club where she worked and you don't know her address), then filing a lawsuit is impossible.

You could ask a private investigator (detective) to investigate her whereabouts, but if you don't even know where she might appear, the detective won't know where to stake out, so there is no way to investigate.

If you were to request a thorough search of her whereabouts, it would require an astronomical amount of money, so it is pointless.

That is why knowing her real name and address is also quite important.

In this example, let's assume I don't even know her real name and address. In that case, I would have handed over 5 million yen to a woman whose real name I don't even know.

I mean, 'love is blind' is really true (sweat). You become unable to see anything.

In that case, I need to secure a promise of repayment while also identifying her real name and address.

It has started to feel like an impossibly difficult game (sweat). Starting from a point where the relationship has already soured, I have to:

・Identify her real name

・Identify her address

・Secure a promise of repayment

I have to do all of this.

However, it is possible to identify a real name and address from a phone number. This is because, through a bar association, one can make an inquiry to each mobile phone company, and the mobile phone company that receives the inquiry will disclose the contractor's name and address.

Therefore, what I need to do is 'secure a promise of repayment'—this is the point.

And, perhaps because I had some wits about me, when I first lent the money, before handing it over, I succeeded in getting her personal smartphone number by saying, 'Using the shop's smartphone feels like a customer-hostess relationship, but I think lending money goes beyond a customer-hostess relationship.'

I searched for her LINE with that number and we were communicating.

So, the mobile phone number is already registered and I know it.

That said, if things stay as they are, it seems likely that a lawyer would refuse to take the case on the grounds that I cannot prove I lent the money (if the request is refused, you cannot make an inquiry to the mobile phone company through a lawyer; it is the lawyer who can make the inquiry, not the client themselves), so I must secure enough evidence to prove that I lent the money (quasi-loan for consumption).

To secure that evidence, I would, as shown above, humble myself no matter what. Or rather, I blurred it by saying 'as much as possible,' but the point is to lure the other party out by hinting that 'I will lend you money'.

This cabaret club hostess is undoubtedly chronically short of money. Therefore, she is always looking for a cash cow.

And since I haven't strongly demanded repayment until now, I must have been a reasonably good cash cow. Since a reasonably good cash cow has offered on their own to 'lend you money,' this bait should look attractive to the hostess.

Starting tomorrow, I will begin the story from the point where the hostess takes the bait (or so the scenario goes).

See you tomorrow! ...↓

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Yesterday's blog post is here↓

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