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Summary

Procedure of the payment demand

I can use the payment demand only when I demand payment of the constant amount of money or other substitutes or securities (the Civil Proceedings Act Article 382 text).

In addition, when you must be able to deliver a payment demand without depending on a public announcement service in Japan (cf. law Article 388 Clause 3 latter half).

Speaking roughly, this does that I stop the abuse of the system with a main aim by I raise the possibility that a debtor recognizes the existence of the payment demand practically and find the opportunity of the statement of the demand objection, and delivering it after a Japanese public institution proceeds in the sphere of life of the oneself debtor, and having confirmed the existence with suitable accuracy.

In addition, it is understood about the payment request based on the law relations in the basic chart even if it is money or other substitutes when I do not have the request credit elligibility of the payment demand (treated as person concerned suit to say to Administrative Case Litigation Law). In addition, after 2006, it attracts interest of the public opinion the Japanese Broadcasting Corporation states a payment demand, and to plan the collection of the nonpayment license fee. Because it was found out that the staff of the association diverted a budget to a personal use just then, there is criticism to be against morals as for doing the forced collection though an internal control is non-establishment. In addition, there is the criticism whether can force law-affiliated observance of a contract in the basic chart by the payment demand that is the system in the privacy law because association oneself does the license fee with money of burden that is a kind of the economic burden of public utilities in the administrative law (the human economic burden of public utilities that is money payment duty) from a theoretical point of view (the Tokyo Summary Court issued a payment demand in fact.) .

The jurisdiction

I do the statement of the payment demand for the court clerk of the summary court which usually has jurisdiction over the location of the venue of the debtor (Civil Proceedings Act Article 383 Clause 1).

But I can do the statement of the payment demand about the thing about the duties in the office or office for the court clerk of the office concerned or a summary court having jurisdiction over the location of the office by the request for the person having an office or an office and can do it for the court clerk of a bill or a summary court having jurisdiction over a payment place of the check about request of the payment of the money with a bill or the check and the request that 附帯 does in this (article Clause 2).

This is exclusive jurisdiction, and a rule (2 of law Article 5 - Article 6) about the besonderer Gerichtsstand and the rule (law Article 7) about the jurisdiction in the merger request are not applied to the statement of the payment demand. Therefore, the court clerk of a different summary court can have possibilities to have to plead, for example, the payment demand about the request for the main debtor and a joint surety.

But the debtor issued such a payment demand to should do a statement of the transportation with the statement of the demand objection because it is understood by the statement of the demand objection even if it is the payment demand that the court clerk of the summary court of the land jurisdictional incompetency issued when I shifted to suit when I cannot compete for legality of the legal procedure by the reason of land jurisdiction infringement of the summary procedure (cf. 81 pages of 11 collections of citizens of Supreme Court January 24, 1957 judgment 1).

Petitions

The statement of the payment demand must submit a petition to the court clerk of the summary court (Civil Proceedings Act Article 384, Article 133 Clause 1).

The oral statement (law Article 384, Article 271) is understood when I can do, but a court clerk guides it to danger and the creditor who cannot make the purpose of the statement of the creditor a record precisely to evade superabundant misunderstanding that I supported it the court provides a fixed form format and does it, and to make a written statement, and, in the business top, the creditor seems to often accept this.

To a payment demand petition the zip code of the person concerned (a creditor, debtor) and a legal representative, a creditor or the agent and a phone number (include the number of the facsimile.) And and it is caused by a purpose (concrete content of the payment that a creditor demands from a debtor) of the request (a fact to be enough if I produce the payment duty of purpose mention of the request.) You must list so-called rationalization request cause) (law Article 384, Article 133 Clause 2, civil action rule Article 232, Article 53 Clause 4).

I appeal, and the statement fee is considered to be the half price of the fee of the submission (law Article 3 Clause 1 about civil action expenses, the first separate table Clause 10) and I put a revenue stamp on the petitions and must put it (the law Article 8 text.) But) which I can put with cash when the sums of the fee exceed 1 million yen (2 Clause 1 of rule Article 4 about civil action expenses) .

In addition, as for the creditor, YONO must do (in some courts cash) such as the postage stamps of the approximation that a court clerk establishes as an expense to allot it for the services to the debtor of the payment demand original (law Article 11, Article 12 Clause 1, Article 13, 2 first of Article 13).

Examination of the statement

When I violate request credit elligibility and the jurisdiction that the statement of the payment demand mentioned above or when it is clear that request does not have a reason, as for (statement of the payment demand for the payment of compensation for damages such as the annual allowance that, e.g., the person who lost the position of the member of the Diet by dissolution of the House of Representatives should have been able to get based on the wrongful conduct that dissolved the House of Representatives without getting advice and the approval of the cabinet for the Emperor), the statement is rejected by the purpose of the statement (Civil Proceedings Act Article 385 Clause 1 preceding paragraph). If there is the part which cannot emit a payment demand in a part of the request, it is similar about the part (a clause latter half.) For example, statement) of the payment demand for the payment of the debt total amount each main for all two guarantors without the special contract of the solidarity.

When a creditor does not pay statement fee and stamps, the statement of the payment demand is rejected (law Article 384, Article 138 Clause 2, Article 137 Clause 1, Clause 2, law Article 6 about civil action expenses, Civil Proceedings Act Article 140).

The statement (law Article 121) of the objection for this rejection disposal a notice (law Article 385 Clause 2.) of the rejection disposal You must do the business top within one week from the day when you received service) (article Clause 3).

If the statement of the payment demand is legitimate, the court clerk issues a payment demand without listening to the opinion of the debtor (law Article 386 Clause 1). Giving it an order for payment of the request credit, a purpose of the request and a cause and the person concerned and a legal representative are listed in a payment demand, and the notice of the temporary execution declaration is done (law Article 387).