• Debt Collection in Japan

No Recovery, No Fee

Experienced Japanese Lawyer

Enforcement is Included

Miyake Law assists businesses and individuals across the world with the recovery of all types of debts and outstanding obligations in Japan. A lawyer is more effective than a debt collection agency as we have more options, including provisional attachment (kari sashiosae) and enforcement of a judgment.

In most cases, we prefer to settle out of court without judicial intervention to save time and costs. A debtor knows what a lawyer can do and is therefore often prepared to settle the debt amicably. If litigation is unavoidable we will litigate to ensure that our clients achieve settlement of their outstanding bills and obligations.

 

Our debt collection services include:

  • Company searches.
  • Confirmation of residential address.
  • Asset searches.
  • Bar association inquiries (bengoshikai shokai).
  • Provisional attachment (kari sashiosae)
  • Demand letter.
  • Telephone collection.
  • Personal visits.
  • Issue of proceedings.
  • Enforcement.

The standard flow for Japanese debt collection involves:

 

1. Demand letter

We send a demand letter to the debtor by a Naiyo Shomei (contents-certified mail).

2. Negotiating

We settle most of the cases out of court and without the need for judicial intervention.

3. Issuing proceedings

If we do need to take the matter to court, we are able to mediate and litigate on your behalf.

4. Enforcement

If the debtor fails to settle the debt following court proceedings, there are a variety of options available.

Enforcement of a monetary judgment includes:

  • Filing a petition for attachment or seizure.
  • Seizure and judicial auction of immovable property, semi-immovable property (such as a car), and movable property.
  • Attachment an execution of the debtor’s rights against a third party.
  • Conversion of the assets into money.
  • Distribution of the money.
No Recovery, No Fee

We can, in most cases, act on a contingency fee (no recovery, no fee) basis, consisting only of a success fee (set at a certain percentage of the amount recovered), subject to a prior assessment of the case and of the financial strength of the debtor. Unlike most Japanese law firms claiming that they act on a contingency fee basis, our success fee is based on the amount actually recovered, not the award obtained (in the latter case, the debtor may fail to follow the judgment).

Free /retainer fee
30% Success Fee
  • Letter Before Claim
  • Negotiations/Settlement
  • Issue of Proceedings
  • Trial
  • Enforcement of a Judgment
¥500,000 /retainer fee
16% Success Fee
  • Letter Before Claim
  • Negotiations/Settlement
  • Issue of Proceedings
  • Trial
  • Enforcement of a Judgment

* 8% consumption tax is included but disbursements (court fees etc.) are excluded.

 

 

6% Late Payment Interest

The Commercial Code allows a 6% statutory interest rate to be applied to a claim arising from commercial transactions between businesses or businesses and individuals.

Process

1. Consultation

You contact us. Free online consultation is available.

2. Retainer Letter & PoA

You sign a retainer letter and power of attorney. No fee is needed to pay if you choose no recovery no fee plan.

3. Demand Letter

We start the collection process by sending a demand letter by a Naiyo Shomei (contents-certified mail).

If you require further information or assistance, please feel free to email us at info@miyake.law

 

STARTUP FUKUOKA TEAM