Legal Q&A
Q
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Over the course of about a year, I lent about 40 million won to a close acquaintance, and because we had known each other for a long time, I told them to repay slowly; but eventually they started not answering my calls. In a case like this, I want to proceed with a legal response; if I retain a debt collection attorney and file a lawsuit for the return of a loan, will recovery be possible? Debt collection attorney, I would appreciate an answer regarding a lawsuit for the return of a loan.
debt collection attorney
lawsuit for the return of a loan
Answer
Published:
Author : ChanWoo JEONG
When proceeding with debt collection, you should obtain the assistance of an expert, bringing materials such as bank transfer records that can prove the fact that you lent money to the other party, the details of the debt collection, and call and text-message records.
This case can also proceed by way of a payment order and a lawsuit for the return of a loan, and if necessary, you can secure the recovery of the claim by carrying out a provisional attachment and provisional injunction against the other party's property.
A lawsuit for the return of a loan can require significant cost and a great deal of time due to the difficulty of proving the fact of the loan and the repayment deadline, issues of extinctive prescription, the debtor's financial situation, and the difficulty of compulsory execution, and if you have not secured sufficient evidence, you may be at a disadvantage in the lawsuit.
This lawsuit is not simply a procedure for getting money back but a complex process that must take into account legal proof and even compulsory execution, so evidence is very important.
Unlike credit information companies, which are prohibited from acting as legal representatives, a debt collection attorney can perform acts of legal representation, such as drafting the complaint, handling attachment on your behalf, and being retained as your representative.
For this reason, we recommend that, through the assistance of our firm's damages and civil litigation attorneys and debt collection attorneys, who have ample experience in such cases, you first ascertain matters such as the extinctive prescription of the claim and the debtor's financial situation, and then build a case response strategy accordingly.
In addition, when evidence is insufficient in the progress of the client's case, the debt collection attorney and evidence-gathering experts collaborate to help secure evidentiary materials, so the client does not need to separately retain an evidence-investigation expert, thereby saving time and cost.
In relation to a lawsuit for the return of a loan, our firm provides assistance in areas such as advice and consultation on the legal procedures for the return of the loan, the preparation and sending of content-certified mail, investigation of the debtor's property and applications for provisional attachment and provisional injunction, carrying out compulsory execution procedures such as the attachment of real estate, wages, and deposits, and securing additional materials and conducting digital forensics work.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

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