How I, as a Lawyer, Would Get Back Money I Lent - 14 (Investigating the Source of Repayment)

[ 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 perhaps I am not in a position to speak for the suffering or anxiety of those who are facing such situations at this very moment.

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

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

Unfortunately, I do not know the faces or names of those 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'.

Yesterday, the conversation continued with some unfortunate news for me as someone trying to get money back.

The point is that the only person I can demand repayment from is the person I lent it to—the cabaret hostess herself.

Since the only person I can demand repayment from is the cabaret hostess, the source of repayment is also limited to the cabaret hostess's own assets.

In the first place, no matter how much I can legally demand repayment from the cabaret hostess, I will not get a single yen back unless she voluntarily repays it.

If I were to force her to repay against her will, that would be illegal.

It is not just 'illegal'; it is a crime. It is extortion.

Even if you can legally demand repayment, if you threaten the other party and repayment is made as a result of that threat, the crime of extortion is committed.

You cannot extort money.

Of course, you can urge them to repay.

I don't think saying things like 'Pay me back quickly!' or 'When are you going to pay me back?' constitutes a 'threat'.

What distinguishes a 'threat' from a 'demand' is whether the words and actions were such that the cabaret hostess would be afraid, considering the relationship between her and me up to that point and thinking about it in terms of common sense.

The hurdle for "intimidation" is quite high.

A cabaret hostess is not a fragile girl. Since she is the type of woman who would hit up various men and borrow money (or so the premise goes), it is hard to accept that she would be "scared" just because the person she actually borrowed money from said, "When are you going to pay me back!" or "Pay me back already!"

"Extortion" means that because you were threatened, you became afraid and thought you didn't know what would happen if you didn't hand over the money, so even though you didn't intend to pay it back, you handed over the money against your will.

Since there is an obligation to repay, making a repayment is perfectly natural, so I think the claim that "I repaid it against my will because I was threatened" is a fairly high hurdle.

Therefore, while you are allowed to demand repayment, if your words and actions go too far, it will become a crime.

In the end, you cannot get repayment against the cabaret hostess's own will, which, to put it another way, means "you won't get a single yen back if the cabaret hostess doesn't repay it voluntarily."

However, if you file a lawsuit and get a judgment ordering repayment, you can force the cabaret hostess to pay even if she refuses.

As for what you do to "force repayment," you convert the cabaret hostess's assets into money (= sell them) and receive that money.

This procedure of "converting the cabaret hostess's assets into money (= selling them)" is called "compulsory execution."

There are various types of "compulsory execution," but when you convert assets into money and receive that money, you perform a "seizure."

Once a seizure is performed, even though the seized assets are the cabaret hostess's own property, she can no longer sell them herself.

By keeping them in a state where they cannot be sold, you proceed with a procedure called an "auction," where the court finds a buyer and sells them to the person who offered to buy them at the highest price (the bidder).

The buyer pays the bid amount to the court, and that money is paid to me by the court.

Compulsory execution proceeds like this, but in the first place, it is meaningless if you do not investigate the cabaret hostess's assets.

If the cabaret hostess lives in a home she owns, the investigation is complete if you obtain the registered matters certificate for that home at the Legal Affairs Bureau, but well, I don't think this cabaret hostess owns any real estate in her own name.

To investigate whether it is an owned home or a rental, you need to identify the cabaret hostess's address, and I think the way to investigate the address is to tail the cabaret hostess.

It is not illegal for me to tail a cabaret hostess. Well, since I am head over heels for the cabaret hostess, there is a possibility that she could report me for stalking, but as long as I don't actually commit violence against her or send her persistent LINE messages, I won't be arrested.

Let's tail her to identify her address, use Google Maps or Zenrin maps to identify the lot number, and obtain the real estate registered matters certificate at the Legal Affairs Bureau.

If it is the cabaret hostess's own home (if the cabaret hostess's name is written on the registered matters certificate), then one asset will have been found.

If it is a rental, the next step is to investigate the financial institutions near the cabaret hostess's address.

Since bank deposits can also be seized, it is necessary to investigate the cabaret hostess's bank accounts as well.

Well then, what I have written up to this point is about pre-judgment investigation.

After a judgment, a procedure called "property disclosure" is available, and I plan to write about this procedure tomorrow.

See you tomorrow! ...↓

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