ENGLISH

Loan Agreement
Creditor's Claim for Repayment
A creditor may claim for repayment when the repayment is due.
- Nevertheless, when a creditor demands for repayment, he or she may do so within the limitation period. (Article 162 of the Civil Act and subsequent Articles)
- ※ For detailed information with regard to the limitation period for repayment claim, please refer to the Section named "Dealing with Failure to Make Repayment Restriction on Claim and Limitation Period Limitation Period for Monetary Claim" in this article.
When the creditor may claim for repayment, he or she may do so orally, but usual practice is using content-certified post and delivery-certified post at a time.
- A “content-certified post" is an extra postal service provided by the post offices. With this service, the post office shall register and certify: (i) when the post was sent by the sender, and (ii) what the contents of the post were. (Article 15(3) of the Postal Service Act and Item (a) of Subparagraph 4 of Article 25(1) of Enforcement Rule thereof.)
- A "delivery-certified post" is an extra postal service provided by the post offices. With this service, the post office shall register and certify when the post was delivered to the recipient and notify the sender of such delivery. (Article 15(3) of the Postal Service Act and Item (c) of Subparagraph 4 of Article 25(1) of Enforcement Rule thereof.)
※ What would be the benefits of using the services of content-certified post and delivery-certified post?
- A content-certified post service is a public service that is provided for certifying when and where the contents of the post were sent by the sender.
- Although the content-certified post service cannot prove the truthfulness of the contents, it can be proved when and where such contents were sent by the sender and when such contents were delivered to the recipient.
- If the creditor claims for repayment of debt using the content-certified post service, the post office will prove that such claim was made to the debtor. It may be important evidence if an issue arises of whether the limitation period has expired.
- A delivery-certified post service can be used to prove when the recipient has duly received the content-certified post.