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👍 | I was scammed for 100 million yen before and after childbirth.The 23rd "I have already lost 100 million, but another 30 ..." ...


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I was scammed for 100 million yen before and after childbirth.The 23rd "I have already lost 100 million, but another 30 ..." ...

 
If you write the contents roughly
After consulting with a lawyer, there seems to be a method called "claim for payment" !? Continued.
 

The financial planner of an insurance company that I had been working with for almost eight years took away one million yen ... → Continue reading

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Payment reminder

Payment reminder(Shihara and Kusoku) is Japanese civil affairsjudicialIt is one of the systemsa creditorBased on the petition ofDebtorTomoneyTo urge you to payCourt clerkDispose of.Created by a court clerk stating such a dispositiondocumentsIt may also refer to.

Old Code of Civil ProcedureThen,Summary court"Payment order" issued bytrialHowever, under the current Code of Civil Procedure, it became the authority of the secretary, and the name was changed.

Payment reminder isCivil Procedure CodeVolume 7 (Chapter 1382 article~396 article OfGeneral ruleAnd Chapter 2397 article~402 article OfSpecial rules for dunning procedures by electronic information processing organizationsIt consists of).

About the procedure for payment reminderDunning procedureCall.

Regarding the Code of Civil Procedure, only the title of the article is described below.

Payment reminder function

Declaration of provisional executionPayment reminder withLaterAs you can see, it's relatively easy, quick, and cheap to get, andExecution statementWithout gettingEnforcementCan be (Civil Execution LawArticle 25 proviso).For this reason,Money lender,Credit companyHowever, as a means of collection or by obtaining a bad debt (so-called)Bad debt), I use it frequently.

Payment reminder procedure (dunning procedure)

The party

In the payment reminder procedure (dunning procedure), the person who applies for the payment reminder is called the creditor, and the person named as the other party to whom the creditor should be obliged to pay is called the debtor.

Claim eligibility, etc.

Payment reminder is money or otherAlternative or SecuritiesIt can be used only when requesting a certain amount of benefits (Civil Procedure Code, Article 382, ​​text).

In addition, JapanInPublic serviceIt must be possible to serve a demand for payment without complying with it (provided in the same Article; see the latter part of Article 388, Paragraph 3 of the same Act).

This, roughly speaking, increases the likelihood that the debtor will actually recognize the existence of a payment reminder.Dunning objectionIn addition to securing the opportunity to file a petition, a Japanese public institution will go to the debtor's living area and confirm its existence with appropriate accuracy before serving it to stop the abuse of the system. The main aim is.

It is understood that even if it is money or other substitutes, it does not qualify as a claim for payment reminder for a benefit claim based on public law (legal relations).Administrative case lawIt is treated as a party proceeding.

jurisdiction

The petition for demand for payment is made by the debtor.Ordinary court registrationHas jurisdiction over the location ofSummary courtTo the court clerk of the Code of Civil Procedure (Article 383, Paragraph 1 of the Code of Civil Procedure).

However,The office or Sales OfficeA petition for demand for payment of a claim against a person who has a business related to the business of the office or business office may also be filed with the court clerk of the summary court having jurisdiction over the location of the office or business office. death,Bill or checkA request for payment of money and an incidental request may also be made to the court clerk of the summary court having jurisdiction over the place of payment of the bill or check (paragraph 2 of the same Article).

This is an exclusive jurisdiction, and the provisions regarding jurisdiction (Articles 5 to 6-2 of the same law) and the provisions regarding jurisdiction in a merger request (Article 7 of the same law) do not apply to a petition for demand for payment.So, for exampleMain debtorとjoint guarantorIt may also be necessary to file a demand for payment with the court clerk of a separate summary court.

However, even if the court clerk of the summary court with different land jurisdiction issues a payment reminder, if the proceedings move to a proceeding due to an opposition to the reminder, the legality of the proceedings will be determined because of the violation of the land jurisdiction of the reminder procedure. Because it is understood that it cannot be contested (Supreme Court decision on April 32, 1MinshuVolume 11, Issue 1, Page 81(See), the debtor who has been issued such a demand for payment, along with the objection to the demand.transferYou should make a petition.

Petition, etc.

A petition for demand for payment must be submitted to the court clerk of the summary court (Civil Procedure Code, Article 384, Article 133, Paragraph 1).

Although it is understood that oral complaints (Articles 384 and 271 of the same law) can be made, in practice, there is a danger that the court clerk cannot accurately record the purpose of the creditor's petition, and the creditor. In order to avoid the misunderstanding that they have provided excessive assistance to the court, the courts are inviting them to file a petition in writing, such as by providing a fixed form, and it seems that creditors often respond to this.

In the petition for demand for payment, the parties (creditors, debtors) andLegal representative, Creditors or theirAgent OfZip Codeas well as the Phone Number(facsimileIncludes the number of. ) And the purpose of the claim (the specific content of the benefit that the creditor demands from the debtor) and the cause (the fact that it is sufficient to generate the benefit obligation stated in the purpose of the claim, so-calledBilling cause) Must be stated (Article 384, Article 133, Paragraph 2 of the same law,Code of Civil ProcedureArticle 232, Article 53, Paragraph 4).

The filing fee is half the fee for filing a complaint (Law concerning civil legal costs, etc.Revenue stamps must be affixed to the petition, etc. (Article 3, Appendix 1) (the text of Article 10 of the same law. However, if the fee exceeds 8 million yen, it may be paid in cash. Yes (Article 100-4, Paragraph 2)).

In addition, the creditor must prepaid postage stamps, etc. (cash in some courts) of the estimated amount specified by the court clerk as expenses for service of the original payment reminder to the debtor (same as above). Article 11, Article 12, Paragraph 1, Article 13, Article 13-2, Item 1 of the Law).

Examination of petition

The petition for demand for payment was mentioned aboveClaim eligibility, etc.,jurisdictionWhen it violates the claim, or when it is clear from the purpose of the petition that there is no reason for the claim (for example,Dissolution of the House of RepresentativesThose who lost their position as members of the Diet due toEmperorAgainstCabinetDissolved the House of Representatives without the advice and approval ofTortBased on, the legislator who should have been able to obtainAnnual feeA petition for demand for payment of damages such as, etc.) will be rejected (Civil Procedure Law, Article 385, Paragraph 1, first sentence).If there is a part of the claim that cannot be reminded for payment, the same applies to that part (the latter part of the same paragraph. For example, two people without a special contract of solidarity.GuarantorA petition for payment reminder to all of them to pay the full amount of their main debt).

Even if the creditor does not pay the petition fee or prepaid postage stamps, the petition for demand for payment will be rejected (Articles 384, 138, 2 and 137, 1 and 2 of the same law, and the Code of Civil Procedure). Article 6, Code of Civil Procedure, Article 140).

An objection to this dismissal (Article 121 of the same law) must be filed within one week from the date of receiving the notice of dismissal (Article 385, paragraph 2 of the same law. In practice, service). ).

If the petition for demand for payment is legal, the court clerk will issue the demand for payment without hearing the opinion of the debtor (Article 386, Paragraph 1 of the same law).The demand for payment includes the fact that the claim is ordered to be paid, the purpose and cause of the claim, the parties and the statutory agent, andProvisional execution declarationIs also given (Article 387 of the same law).

The demand for payment takes effect when it is served on the obligor (Article 388, Paragraph 1 of the same Act) (Article 2, Paragraph XNUMX of the same Act).

Dunning objection

In response to the payment reminder, the debtorObjection("Petition for reminder opposition") can be used to shift the procedure to.A debtor who disagrees with the cause of the claim claimed by the creditor, or who has difficulty in making a lump sum payment due to lack of cash on hand even if there is no objection to the existence of the claim, may file a reminder objection in the proceedings. I will make another statement in.

However, it is not necessary to disclose the reason for filing an opposition to the reminder, and the court clerk who issued the reminder that the payment reminder cannot immediately fulfill all or part of the payment ordered by the payment reminder belongs to the court clerk. All you have to do is file a petition in the summary court (Article 386, Paragraph 2 of the Code of Civil Procedure).However, in order to promote hearings, it is often requested to clarify the outline of the case.

LaterIf a legal reminder opposition is filed before the declaration of provisional execution, the payment reminder will cease to be effective within the limits of the reminder opposition (Article 390 of the same law).

If a legal reminder objection is filed within two weeks from the date of service of the payment reminder with a provisional execution declaration after the declaration of provisional execution, the proceedings will simply be transferred to a proceeding. Since the demand for payment does not cease to be effective, the creditor can take the procedure for compulsory execution at any time even if the proceedings after the transition are pending.When compulsory execution is initiated, the debtor will provide collateral of about one-third of the amount claimed by the court.DepositAnd so onForced execution suspension decisionNeed to be obtained from the pending court.

If two weeks have passed from the date of service of the demand for payment with a declaration of provisional execution, an opposition to the demand cannot be filed (Article 2 of the same law).in this case,Civil Execution LawThere is no choice but to dispute the complaint against the claim, and at the same timeForced execution suspension decisionNeed to get

Provisional execution declaration and its effects

If the debtor does not file a reminder objection within two weeks from the date of service of the payment reminder, the court clerk shall, at the request of the creditor, add the cost of the procedure to the payment reminder. You must declare execution.However, this does not apply if a reminder objection is filed before the declaration (Civil Procedure Law, Article 2, Paragraph 391).

A demand for payment with a declaration of provisional execution has the same effect as a final judgment (Article 396 of the Code of Civil Procedure) and becomes a writ of execution under the Code of Civil Procedure (Article 22-4 of the Code of Civil Procedure). When the declaration is served on the debtor, it can be enforced without the provision of an execution statement (Article 25, proviso, Article 29 of the same law).

Petition by electronic information processing organization

Civil Procedure CodeVolume 7 Chapter 2 Based on the provisions of the Special Provisions (Articles 397-402) for dunning procedures by electronic information processing organizationsPayment reminder online systemIs in operation and can file a demand for payment by electronic means.

Social issues related to payment reminder

Fictitious billing fraudThere have been cases of misusing payment reminder for unjustified claims, and cases of deceiving courts and pretending to be payment reminder procedures to intimidate victims.

Cases used for unfounded claims

Scam payment reminder (Fictitious billing fraud) Is known.As mentioned above, if formal requirements are met, the demand for payment will be issued without examining the authenticity of the creditor's allegations, and the debtor's case will not be heard before the issuance.In accordance with this, while the perpetrator of fraud alleges false debt, from the standpoint of the debtor (victim of fraud), the court suddenly "orders" the repayment without warning, and the "order" has been finalized. Sometimes I misunderstand that it cannot be overturned and just pay for it.In addition, it is not possible to understand that it is possible to argue with a reminder opposition, or the debt is legally fixed by passing the reminder opposition period while wondering how to argue. There is.In parallel with the formal order issued by the court, the perpetrator may contact the victim and consent to the repayment of the debt on the basis of the fact that the court order has been issued.

Case of pretending to be a payment reminder procedure

On the other hand,Fictitious billing fraudAs a means of forcing the victim to pay, the perpetrator may deceive the court and send a forged document to issue a payment reminder. In early 2007,Civil Procedure CodeFalsely explained that the amendment was made, which allowed special delivery to be sent by e-mail, and also electronically.Email AddressExplain that the court will recognize the person who uses the loan as a provisional debtor, send a payment reminder by e-mail, and transfer the payment to the designated bank account, assuming that the person who receives it is obliged to pay. What you request from is confirmed.

Use by NHK

Since 2006,Japan Broadcasting CorporationFiled a demand for payment and was delinquentReception feeThe attempt to recover the sardine is attracting public attention.From time to time, it was discovered that the association's staff had diverted the budget for private use, and there are criticisms that it is unethical to make a compulsory collection even though internal control has not been established.Also, from a theoretical point of view, the association itself does not charge the reception fee.Administrative lawSince it is a kind of academic contribution (personal public burden that is an obligation to pay money), there is also criticism that it is possible to enforce the performance of legal relations under public law by demanding payment, which is a private law system. Yes (although the Tokyo Summary Court issued a demand for payment).

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