Organizing Records When Someone Says "I Thought It Was a Gift"
Differing understandings
Someone who said in April, "I'll pay you back when my bonus comes in," may say in August, "I thought that was a present." Without a contract, this tends to become a dispute over who said what. Even so, even when no conditions were put into words, the exchanges before and after the handover often remain on record.
The limits of the conversation at the time of handing over
Between people who are close, detailed conditions are often not mentioned at the time of handing something over. If the exchange ends with "Just use this for now" and "Thanks, that really helps," the conversation at that moment does not show whether it was a loan or a gift. For this reason, the exchanges before and after are checked separately.
Points to check in the surrounding exchanges
What the other party said before the handover
Statements mentioning the amount or repayment may remain from the stage when the request was made, such as "Would installments be OK?" or "I really want to thank you properly." These become subjects of record together with their dates.
What the other party said after the handover
Messages after the handover are checked for statements mentioning repayment or payment. If there is a message such as "I'm short this month and can't pay yet, I'll manage something next month," its date and wording are recorded as they are.
Requests after receipt
For work requested (design, repairs, consulting, etc.), what is checked is whether, after receipt, the other party asked for further revisions or work.
What each statement means is for the lawyer, conciliation commissioner, or other person receiving the consultation to judge. The purpose of the record is to let a third party confirm the course of events.
Situations other than money
In workplace matters as well, an account that cuts out a single scene can differ from the records before and after it. Even when a supervisor describes something as "guidance," arranging the records of messages before and after, the dates and times of reprimands, and records of medical visits in date order lets a third party confirm the course of events.
Steps and an example of the output
The other party's claim is set against a record of the actual exchanges in date order. Legal terms are not used; the record contains the date, the statement, and the source (LINE, bankbook, etc.). The following is an example of the statement of facts produced when such records are entered into the organizing tool.
1. Overview
On April 12, 2024, in response to the other party's request, "My consumer loan repayments are stuck," the writer transferred 300,000 yen to the other party's account. On May 26 of the same year, the other party said, "I can't pay this month, I'll definitely pay you back next month," but on August 10 of the same year said, "I thought it was something you gave me."
2. Chronology of statements (excerpt)
| Date | Type | What happened | Record |
|---|---|---|---|
| 2024/04/10 | Request | LINE: "My consumer loan repayments are stuck, please help me." | LINE |
| 2024/04/12 | Transfer | The writer transfers 300,000 yen to the other party's account. | Bankbook |
| 2024/05/26 | Statement | LINE sent: "I'm short this month and can't pay yet, definitely next month." | LINE |
| 2024/08/10 | Statement | LINE sent: "I thought that was something you gave me." | LINE |
The actual output is a PDF, and its content depends on the records entered.
Types of places that take consultations
Places that take consultations include lawyers as well as consultation desks run by local governments and public agencies. The scope handled differs by desk.
This article introduces general information and is not legal advice on any individual case.