Demand for payment (shiharai tokusoku) is the fastest way to obtain an enforceable order by the court.
The court filing fee is half the amount of a normal lawsuit (see the court filing fee schedule). For instance, if you claim for ¥1 million, the court fee for ‘demand for payment’ is ¥5,000. Postal expenses, required to deposit to the court in advance, are also cheaper than a normal lawsuit.
These proceedings are designed to be used where the debt is undisputed and has arisen from standard transactions (i.e. a loan agreement, a sales and purchase agreement…).
The motion is reviewed by a court clerk at a Summary Court without a hearing, and the court followingly sends a ‘demand for payment’ to the debtor. If the debtor does not file an objection within 2 weeks, you may further file a motion for a writ of execution. The court then sends a ‘demand for payment with a writ of execution’ to the debtor. Again, if the debtor does not file an objection within 2 weeks, you can enforce the debt by attachment, etc.
If the debtor files an objection during the 4 weeks, the case is forwarded to the District Court (or the Summary Court if the claim amount is ¥1.4 million or less), and a normal lawsuit will start.
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