支払督促について

（１）支払督促とは

債権者が支払を請求しても相手が応じてくれなかったり、反応がない場合には、裁判所の力を借りて相手に支払をするように請求する方法があります。その中でも、手軽に行えるのが「支払督促」と呼ばれる制度です。

When there is a chance of winning, such as when there is no dispute with the debtor about the existence or amount of debt, or when the claimant has clear evidence.

If the debtor (the other party) denies the existence of the claim (I do not remember borrowing money) or if there is a dispute in the amount, the debtor is more likely to file an opposition, so it is more likely than the payment reminder procedure. In some cases it may be better to file a proceeding directly.

（２）支払督促の効果

If the court sends you a reminder, the debtor will be more upset than the proof-of-concept mail.

It can put a lot of psychological pressure on the debtor who hasn't moved even after sending the content-certified mail, and can increase the possibility of accepting the payment.

（３）支払督促のメリット

● Simple procedure Unlike ordinary courts, the court that receives the petition only conducts a written examination, and if there is no problem with the petition, it will send a payment reminder to the other party, so the petitioner does not go to the court. You can do it.

● Promptness It is very quick because it does not call the debtor to ask about the situation or examine evidence like a normal trial.
In addition, if there is no objection from the debtor, the compulsory execution procedure will be possible in a month or so at the earliest.

（４）支払督促のデメリット

It can only be used to request payment of money.
You need to file a petition with the summary court that has jurisdiction over the address of the debtor (counterparty).
(The petition can also be sent by mail)

If the debtor raises an objection, it will move to a normal trial, so the trial will be held at the debtor's location, and it will be necessary to go there.
This system cannot be used if the debtor's address is unknown.