Lawyer is soleil law office among the solution legal professional corporation-maru by question of law of medium and small-sized business

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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

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.

Content-certified mail

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.

Merit

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.

Demerit

When significance is stated by partner, money suffers from until solution at time to usually shift to suit.

Civil mediation

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.

Merit

We finish until judgment in a day, and forcible execution is possible point, too.

Demerit

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.

Merit

nadogaarimasu.

Demerit

・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.

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

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