What should a creditor be careful about when emailing a debtor?

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These days, email exchanges have become ubiquitous and most business communication is now done over the internet rather than a phone line.  This change in business norms has provide a great boost for creditors attempting to enforce debts because email exchanges between creditors and debtors often provide solid evidence of the existence of a debt and the debtor’s obligation to pay.

However, if the creditor is not careful, these email exchanges can also be used by the debtor as evidence to reduce the value of the debt or otherwise call the existence of the debt into questions.  Creditors should be careful not to write anything in emails to debtors that suggests that the debt has been waived, the full value of the debt is in question, the debtor has unlimited time to return the debt or the debt can be paid back in some form other than money.  These types of email statements can provide strong evidence for a debtor to reduce the value of a debt or eliminate it completely.

If you have any questions about enforcing a debt in Japan, please contact our office to set up a legal consultation.