r20011204e

"Getting back the money you lent a friend" December 4, 2001

RealAudio

As always on every first and third week of our program, we bring you information
related to immigration procedures, in cooperation with Mr. Nakano. But today
instead of a piece related to immigration procedures, we will talk about a piece on
money lending. The email from a listener reads, two of my friends owed me a few
hundred thousand yen; one is two hundred thousand yen and the other four
hundred and sixty thousand yen. Both signed a promissory note of payment or "
Shakuyosho," stating that they will pay me back in installment bases on a specific
date monthly without interest. But six months since then, both still fail to comply.
What should I do? Another friend told me that it is not a criminal case. Is it
impossible for me to report my case to the police? Both debtors are residing in
Japan legal. I had a promissory note translated in Japanese by an official
translator, in case I should show evidence to the authority. I would send also the
debtors' letter demanding for payment in our god contravention post card from the
postal office that the jury received my letter. Kindly advised, to how should I
handle my case.Now let's discuss the case. As to by his friends, when you lend
money willingly to somebody in need and he or she would not pay you back, it is not
a criminal case but a civil case instead. In Japan police department has the
principle of not intervening with civil cases, that is "Minji Fukainyu No Gensoku" in
Japanese. So, even our listener goes to the police for help, the police will not take
a stand for either of the parties, the lender or the debtor. However when one's
words are cheated out of money, money goes to the police for help as the event
less considered as a criminal case.

Now, if you lend money to a friend and you're deceived of the payment, even after
reminding his or her duty to pay you back, you can sue him or her in court in
charges of plunder. In Japan there are several types of courts, Supreme Court or
"Saikou Saibansyo," General Court or "Koutou Saibansyo," District Court or "
Chihou Saibansyo," Family Court or "Katei Saibansyo," and Summary Court or "
Kani Saibansyo," which is equivalent of Civil Court. The Summary Court is the
lowest court handling simple cases that is resolved with only one judge presiding.
Since the amount of money involved in our listener's case is considered small, our
listener can simply file a case to the Summary Court in order to demand payment
from his friends. Now, to file the case, go to the Summary Court within the
jurisdiction of the residence of the debtor, and request "Tokusoku Tetsuzuki" which
means a procedure for forcing payment. File the form called "Shiharai Meirei
Moushitate Syo" main a complain to demand payment from the debtor, and the
court will issue the "Shiharai Meirei" a court order instructing the debtor to pay
his or her what he or she owed. A court order issued by the summary court is
equivalent to the sentence handed down by the judges in an organized court. If
the recipient of the court order acknowledges his fault and pays his debt in time,
the court will put the case to rest. But, if the recipient denies the facts stated in
the court order, the case will be brought to higher court. If such circumstances
happen to our listener, he has nothing to worry about, as he has ex parte evidence
for the case. He has a promissory note of payment or "Shakuyosho" of the
debtor as evidence the debtor acknowledge it will be a loan, and a complementary
post card that prove the debtor receive his letter demanding for payment. So
what if the debtors acknowledge only the court order but still did not comply? In
such case, the compliant must appeal again to the summary court, which in turn
will execute the "Kyosei-Shikkou," which is the court order to seize property of
the debtor, including his or her bank account. The seized items will then be put to
auction and the money collected will be used to pay the incurred loan. Such
processes may take some time before the lender will get paid. But not because
such process takes too long to have your money back, it can be used as an excuse
to simply verge into other men's house get hole of his or her possessions, in
exchange of the money he or she owed. Such manner is called "Jiriki-Kyusai," or
self-help in English, and it is not tolerated and is illegal as defined by Japan's law.
Now, the debtors owed less than three hundred thousand yen, there was to have a
case settled. Money requests are the process called "Syougaku-Sosyo-Seido" in
a summary court, or in case it settles in a day, it takes approximately one or two
hours to hand down the sentence of present payment. Although the trial itself is
short, be reminded that you'll have to wait at least one month… Court, which in
turn will send a notice or "Sojyo" to the debtor about the case filed against him or
her. After the debtor receives the notice, the summary court will schedule when
to hear the police. Don't forget to bring all available evidence on the date of trial
to ensure that the case could be closed on the same day. Lastly, as one needs to
prepare several official documents before presenting a case to a court, it is
advised that one consults the lawyers or legal specialists.

That's all for today, if you have other questions or problems you wish us to struggle
in the program, don't hesitate to fax it in at 06-6615-7651, 06-6615-7651, or send
us an email at pinoi@cocolo.co.jp, pinoi@cocolo.co.jp. If you wish to review the
other broadcasted topics, you can visit Mr. Nakano's homepage at www.legal-brain.
com, www.legal-brain.com. Mr. Nakano added a new section on his homepage for
his pictures of the activities of some foreign nationals, like a Spanish from main
court inspectors, or from Jamaica, and others. Why not check it out? If you would
like to consult Mr. Nakano, personally call 0663550009, 0663550009, or fax him a
letter at 0663543930, 0663543930.