Question from a reader:
I recently lost contact with someone I lent money to. The amount I lent was about 150,000 yen. I have emails where they asked me to lend them money and evidence of a specified repayment date. I also have the history of the money transfer. I have four social media accounts, a phone number, a name (uncertain
if it’s their real name), and information about the area they live in. Additionally, there is one mutual friend, and I was told there might be a chance to meet that friend in a few months. I want to meet the person I lent money to directly when they are at a family restaurant or karaoke with friends. If I can find out their address, I am considering sending a content-certified mail and then pursuing a small claims lawsuit. Is there a way to extract their address or get my money back without escalating the situation? I am open to somewhat gray methods if necessary.
Introduction
It is quite common in everyday life for a lender to lose contact with someone they have lent money to and seek repayment. In such situations, it is essential to approach the matter from both legal and psychological perspectives, requiring a calm response. This article will provide a legal analysis, psychological insights, and ethical considerations regarding your situation, along with practical advice.
Legal Background
First, it is important to understand the basic laws regarding lending and borrowing. In Japanese civil law, monetary loans fall under “consumption loan contracts.” This contract allows the lender to lend money to the borrower and has the right to demand repayment. The emails and transfer history you possess can serve as crucial evidence that a contract has been established. Furthermore, if a repayment date has been set, the borrower is obligated to repay by that date. If the other party made specific promises regarding repayment before losing contact, the materials proving that promise can serve as a strong basis for proceeding with legal action.
Content-Certified Mail and Small Claims Lawsuit
Even if you do not know the address, there are ways to obtain information through friends. For example, casually asking a mutual friend, “Do you know how XX is doing lately?” might provide clues about the person’s address or contact information. It is crucial to seek information without infringing on the other person’s privacy. Once the address is confirmed, you can send content-certified mail to formally express your intention to demand repayment. This document will be treated as legally valid evidence and will be useful if you later decide to file a small claims lawsuit. Small claims lawsuits are suitable for cases involving amounts up to 600,000 yen and can be processed relatively easily.
Psychological Aspects
When a lender loses contact with someone they lent money to, they often experience psychological stress. This stress can lead to distrust, anger, regret, and even a decrease in self-esteem. From a psychological perspective, it is important to consider how to act in such situations.
Managing Emotions and Coping Strategies
First, it is necessary to sort out your emotions. Feeling anger or anxiety is natural, but acting recklessly due to those feelings can worsen the situation. It is essential to remain calm and analyze the situation objectively. Specifically, the following steps are recommended: 1. Recognize your emotions: Clarify what emotions you are experiencing. 2. Organize your thoughts: Reconfirm what actions you should take and your objectives. 3. Develop an action plan: Plan specific actions and execute them calmly. Through this process, you can control your emotions and make more appropriate judgments.
Ethical Considerations
Lending and borrowing money must consider not only psychological aspects but also ethical ones. Actions that infringe on the other person’s privacy may be socially condemned, even if there are legitimate reasons behind them.
The Importance of Ethical Behavior
The act of directly searching for the other person may, in some cases, be considered extortion or stalking, so it is essential to understand those risks thoroughly. Additionally, when obtaining information through friends, it is important to consider the other person’s position and feelings and to act with consideration. Thus, acting ethically can ultimately protect yourself in the long run. To move toward problem resolution without losing social credibility, it is necessary to act calmly and ethically.
Industry Regulations and Social Responsibility
In the entertainment industry, troubles related to lending and borrowing money are not uncommon. It is particularly important to understand the unique regulations and customs that exist within the industry.
Industry Characteristics and Their Impact
In the entertainment industry, contractual relationships are very complex, and lending and borrowing money occurs frequently. For example, artists may borrow money from fans or industry insiders to fund new projects. In such cases, the relationship with the other party becomes crucial, as the risk increases if trust is broken. Moreover, there are often no clear regulations regarding lending and borrowing within the industry, and remedies for disputes are limited. Therefore, industry participants need to be particularly cautious regarding lending and borrowing.
Practical Advice
Finally, here are specific pieces of advice to help you resolve the issue you are facing. 1. Organize evidence: Gather all evidence to use when proceeding with legal action. 2. Use friends as intermediaries: Ask mutual friends for information to understand the other party’s situation. 3. Prepare content-certified mail: When the address is confirmed, use content-certified mail to formally request repayment. 4. Communicate calmly: Make an effort to contact the other party calmly, suppressing emotions. 5. Prepare for legal action: If considering a small claims lawsuit as a last resort, prepare the legal process appropriately.
Conclusion
Losing contact with someone you lent money to is a significant source of stress both psychologically and legally. However, by understanding legal procedures and approaching the situation calmly with a psychological perspective, a path to resolution can be opened. Remember to act ethically and value trust with those around you as you seek the best solution. If any readers have had similar experiences, please feel free to share. Learning from each other can lead to better solutions.
