There must have been many times when you lent a large amount of money and were in trouble because you didn’t pay it back.
Of course, you can resolve these problems through civil litigation, but going to trial costs money, hires a lawyer, and takes time, and you may end up with a belly button that is bigger than your stomach!
For those people, today I will teach you how to write a proof of contents.
Wait, what is proof of contents?
Summary of how to write a proof of contents
What is content certification?
The content certification system refers to the documentation of changes in interests, such as the fulfillment of individual and mutual claims or obligations, that is, cases of lending or borrowing money. In other words, if you send these contents by mail through content certification, you can prove the contents of the document, which is the contents of that year’s mail, with a certified copy.
To put it simply, “How much of my money did you borrow?” This refers to a system where you document what you do, send it by mail, and keep it at the post office.
Function and use of content certification
Content proof can be very useful when there is a need to preserve evidence and when trying to put psychological pressure on the debtor, that is, the person who borrowed money. Let’s take a look at the two functions separately.
① In case of evidence preservation
In fact, the mere fact that the certificate of contents was sent to the debtor cannot produce any special legal effect!
However, when it is necessary to secure evidence of the fact that there was a certain content, evidence of the fact remains.
For example, let’s assume that I somehow end up going to trial after sending a proof of contents such as “Cheolsu borrowed me 1 million won.”
At this time, the fact accepted as evidence in court is, “I sent Cheolsu a proof of contents and urged him to do so, but he did not repay the money.” And the fact that “Cheolsu borrowed 1 million won from me” cannot be accepted as evidence!
Still, since it is acknowledged that you did not repay the money even though you requested it, it would be advantageous if you prove the details if you go to trial, right?
② When trying to put psychological pressure on the debtor (the person who borrowed money)
Also, you will be notified directly through the mail that you have borrowed some money! Since it is a notice, it can put a lot of pressure on the debtor, that is, the person who borrowed the money. Although this is unlikely, you can remind the debtor even if he completely forgets that he borrowed money, right?
In other words, it sends a strong intention to take legal action if the debtor does not pay the debt and procrastinates, so it has the effect of placing a significant psychological burden on the debtor.
They probably don’t want to go to trial either!
This proof of content is mainly used in cases of interruption of prescription, cancellation of contract (termination), cancellation of contract due to incompetence, fraud, duress, or unauthorized agent, and notification of transfer of claim.
Tips for writing proof of contents
The content certification system is so useful, right?
Here are some tips for writing these proofs of content:
First, because it is mail containing content to prove a certain ‘fact,’ it must be sent by registered mail and a record of the fact that the content was sent must be kept.
The sender is usually the creditor. In any case, if the sender presents the <Special Mail Receipt> when sending content-certified mail, it can be inspected at the sending post office within 3 years, and it is possible to receive certification again. If you borrow a large amount of money and have not heard from it even after a few years of sending the proof, use it as evidence to file a lawsuit!
When sending a mail, it is recommended to specifically state the cause, current situation, and damage caused by sending a certificate of contents. This is the most important tip of all. Don’t forget to write down in detail how much the debtor borrowed and for how long he was unable to repay, and if he was in a situation where he could repay but did not repay.
How to Write a Proof of Content
Now let’s learn how to write proof of content in earnest.
Of course, you can leave it to a legal counselor, but if you know the format, there’s no need to do that, right?
Even if I leave it to you, I can check again to see if it was written well.
Proof of content does not require any special format.
However, please note that it is usually written on 16-section paper or letter paper.
Fill out 3 copies of the proof of contents and submit them to the post office.
Then, the post office will stamp the end of the letter with a stamp saying, ‘This certifies that it was submitted by certified mail.’
Of these three copies, one copy will be kept at the post office, one copy will be sent to the other party, and the other copy will be returned to the submitter (sender).
Also, as mentioned earlier, when sending a certificate of contents, it must be sent by registered mail.
Very simple, right? Basically, you just need to write your proof of contents like this!
Action after proof of contents
What if I send proof of contents but they don’t pay me back? To prepare for such a situation, we will also inform you of the actions taken after proof of contents!
Please take note!
1) Application for payment order, etc.
If the contract is not carried out despite the fact that the contract has been repeatedly urged through proof of contents, the contract to lend money and repay it faithfully must be canceled and the resulting damages must be compensated.
Before filing a lawsuit, it is best to first apply for a payment order, which is an easy procedure.
2) Provisional seizure/provisional disposition
The party who did not receive the money (ㅠㅠ) will carry out legal procedures such as a payment order or civil lawsuit to compensate for the damage!
During the performance period, if the person who defaulted on the contract commits a shameful act such as disposing of property and becomes a poor cosplayer, there may be grounds for not receiving compensation even if the case is won. To prevent something like this, it is advisable to file a lawsuit or take a provisional seizure or injunction to secure the claim prior to filing a lawsuit. Steps you must take before filing a lawsuit
3) Implementation of lawsuit (main case)
After completing the above procedures, if there is an objection to the payment order, the case is complex, or the amount is large, there are many cases where the lawsuit is filed immediately! In this case, as I mentioned earlier, you must first file a lawsuit and immediately file a provisional seizure or injunction to secure the claim.
When filing a lawsuit, you must find out the other party’s personal information and financial status, and check the procedures for the lawsuit.
You will also need to take measures such as appointing a lawyer if necessary.
Of course, civil mediation or reconciliation before filing a lawsuit may be possible during the litigation process, but it would be better to first understand the litigation process and prepare for it. They say it’s Yubi Muhwan!
4) Civil execution (auction, etc.)
If the lawsuit is concluded and you receive a favorable judgment, you must receive payment again from the other party to receive compensation for the damages.
In this case, there will be no problem if the other party pays directly in money.
However, there is a strong possibility that this is not the case since he is the one who filed a lawsuit because he did not pay back the money.
In this case, in order to receive payment, the provisional seizure or disposition prior to the lawsuit is changed to a principal seizure.
After that, you have the right to execute, proceed with enforcement procedures, and receive compensation for damages.
This puts an end to disputes over receivables and debts!