Flow of debt collection
We demand on the telephone
For the first step, it is debt collection in face-to-face talk with telephone.
If talks are finished on the telephone, let's leave the contents on documents such as signed acknowledgment of a debt, debt written consent.
Post office proves whom it was done mail document of what kind of ③ contents to from all ② with content-certified mail when ①.
There is not legal effect, but is effective when we want to leave act and deed of important declaration of intention and notice.
It becomes notice to partner and can give pressure.
Demand for payment
We have debtor order payment of money with demand for payment by court.
By demand for payment, it must be aimed for payment of constant amount of money or other substitutes or securities.
Expense is lower than suit, and procedure is easy and can anticipate early solution.
In addition, we can enforce because declaration for provisional execution is given by partner when there is not formal objection.
When significance is stated by partner, money suffers from until solution at time to usually shift to suit.
When it is not settled though we carried out until demand for payment, we advance to civil mediation.
With civil mediation, judge and member of mediation, the person concerned aim at solution by talks in court.
When we are not gathered up by talks as civil mediation does not include necessity, it will shift to suit.
Prompt decision settlement
When talks are finished to the person concerned before filing a suit, we say that we plead settlement to summary court.
We can get obligatory title for forcible execution by making settlement record in court.
Action on small claim
With action on small claim, we are at trial for the purpose of request of payment of money that is less than 600,000 yen in summary court.
We finish until judgment in a day, and forcible execution is possible point, too.
- ・The use number of times of action on small claim is limited with to ten times a year.
- ・When the other party refuses, it shifts to suit.
- ・In addition, evidence is limited to evidence that we can investigate immediately.
There is point called this.
The legal proceedings
It may be said that the legal proceedings are the last means of debt collection.
We file suit and will compete against the other party.
- ・When we win the case at trial, we can advance to forcible execution procedure by winning the case judgment.
- ・When existence of credit is confirmed, extinctive prescription is ten years after judgment was settled.
・It costs in comparison with other accounts receivable collection means with time.
There is point called this.
Provisional attachment, provisional disposition
When we might not be able to enforce about credit for the purpose of payment of money, provisional attachment means procedure to seize property.
When creditor might not be able to carry out right, provisional disposition means order (protective order) to protect property.
But you must rush to the other party earlier than anyone else even if you filed for provisional attachment, provisional disposition when business partner has gone bankrupt.
It is necessary to raise product put in the other party early that other creditors come and are not taken away.
However, what take without permission becomes illegal as partner has the right of possession even if delivered, of trespassing and theft criminal.
You obtain returned goods written consent from partner and must raise.
In addition, we cannot necessarily collect in full because we did ancillary attachment, but let's warn some creditors at time when partner has disposed of property when we are not doing sequestration proceeding as this something to be done might disappear when we have disposed of property.
List of legal aid service
The issue of labor
The issue of real estate transactions and real estate
About the bankruptcy
- With intellectual property (the intellectual property basics 6 method)
- Method to protect company's intellectual property
- Actions to be taken when company's intellectual property is violated by another person
- Method to prevent the company from violating intellectual property of other companies
- If intellectual property suit is appealed for; ...