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Legal aid service for medium and small-sized business

JR Tokyo Station Marunouchi south exit 4-minute walk legal professional corporation Marunouchi soleil law office

  • English VERSION
  • English VERSION
  • English VERSION
  • English VERSION

03-5224-3801

Collection method when business partner failed

Collection by offset

Offset is to declare the intentions of that we abolish both debts in corresponding amount.

We may hold account payable and account receivable for company which went bankrupt.
In that case, it is system that only share of account payable can abolish accounts receivable together.
In this way, we can avoid return duty for the other party and can get effect like what collected credit for business partner.
In addition, it is necessary to perform declaration of intention of offset by precise method for appropriate partner.
We choose the other party of declaration of intention depending on legal liquidation procedures such as bankruptcy procedures if we ask lawyer for procedure and use contents-certified mail and can declare our intentions of offset by precise method.

Exercise of security right

As a general rule, we can use incumbrance of creditor even if there is bankruptcy product procedure start decision without being limited. (incumbrance of creditor is called right of exclusive preference.)

In the case of pledge

When we buy and sell product in business partner because seller secures trading value after having reserved proprietary rights of object which we finished of delivery to seller until the price is paid in full without moving to buyer, and business partner goes bankrupt, we cancel sales contract and perform withdrawal of product after having taken the consent of business partner.
It is necessary to take the consent by letter to be accused of theft when we do not take the consent of business partner. In that case, lawyer to representative or business partner is suitable.
When business partner has already resold the product to third party, it may be established when reservation of proprietary rights is canceled if we are resold to third party in sales contract with thing and business partner where it is thought that the third party acquires proprietary rights of product immediately.
In that case, thing by method of reservation of proprietary rights becomes difficult.

In the case of mortgage

For court, we file auction.
Documents which are necessary on statement are copy of register about the mortgage registration.
Besides, final and conclusive judgment to prove existence of mortgage is enough for copy of register, but usually makes a statement in copy of register.
In addition, court filing performs in district court having jurisdiction over the location of target real estate.

Assignment of obligatory right

Assignment of obligatory right means that we hand over credit to another person under the agreement of the parties hereto.
It be said that business partner failed, and it is thought about enough having pecuniary claim for third party since we performed some kind of business till then.
For example, when business partner has accounts receivable for different company.
In such a case we can plan recovery of credits by using credit that acceptance (transfer) of the credit concerned, your company oneself took over from business partner for third party.

As a general rule, we can perform assignment of obligatory right based on declaration of intention freely, but it is necessary to let you notify of credit having moved to your company (credit assignee) for debtor by paper which there is in fixed date from business partner (credit assigner) to be opposed to debtor or other third parties by assignment of obligatory right.

As fixed date remains if it is certified mail, it is certain to let business partner do notice of transfer using certified mail.

Collection of the company's product, other brands

About method to collect the company's product, it is street which we listed by practice method of upper reservation of proprietary rights. You cancel sales contract and will collect based on proprietary rights, but should get written consent of business partner on withdrawal of product.
In addition, we can plan recovery of credits by obtaining product of other companies by transfer from business partner by exchanging with payment that debtor will bear with existing debt inherently, and doing payment.
In this case it is necessary to note that the need to keep written consent of business partner more when we collect company's product increases in fact because originally it was property of third party.

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Marunouchi, Chiyoda-ku, Tokyo
The fourth floor of the 2-2-1 Kishimoto Building

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