No recovery, no fee
Qualified Japanese lawyer
10+ years’ experience
Miyake Law assists businesses and individuals across the world with the recovery of all types of debts and outstanding obligations throughout 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.
1. Demand letter
We send a demand letter to the debtor by a Naiyo Shomei (contents-certified mail).
The Commercial Code allows a 6% statutory interest rate to be applied to a claim arising from commercial transactions.
We settle most of the cases out of court and without the need for judicial intervention.
The Japanese courts do not admit that attorney’s fees should be recovered by a debtor. As the case may be, however, we try to win a concession from the debtor by agreement out of court.
3. Issuing proceedings
If we do need to take the matter to court, we are able to mediate and litigate on your behalf.
If the debtor fails to settle the debt following court proceedings, there are a variety of options available.
- 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.
- Company searches.
- Residential address searches.
- Asset searches.
- Bar association inquiries (bengoshikai shokai).
- Personal visits.
- Provisional attachment (kari sashiosae).
No recovery, no fee
We act on a “no recovery, no fee” basis, consisting only of a 20% success fee, subject to a prior assessment of the financial strength of the debtor. If the case goes to a court, the success fee will increase to 30%.
In most cases, we settle out of court without judicial intervention.
- Demand letter
- Issue of proceedings
- Enforcement of a judgment