They say they will pay, but never do
They are willing to pay, yet keep putting it off. We send a demand in the attorney’s name setting a deadline, and negotiate. If payment is to be made in instalments, we put the agreement in writing.
- We sent the invoice, but nothing came in.
- "We will pay next month" — again and again.
- The client has stopped answering us.
Before you write off that receivable, let us look at it.
From a written demand to negotiation, court proceedings and enforcement.
We propose the collection route that fits your situation.
- Initial consultation30 min JPY 5,500(tax incl.)
- Phone & onlineNationwide
- Negotiation to enforcementHandled end to end
As time passes, the other side’s assets shrink
and the limitation period draws closer. Please get in touch early.
Call us
03-6809-0683Weekdays 9:00-18:00Send a form
Contact us by emailAccepted 24 hoursTalk to us
Consult on LINEDoes any of this sound familiar?
- You delivered, the due date passed, and the money never arrived
- Every time you chase it, you are asked to wait a little longer
- You call and email, and the client does not reply
- They complain about the work and refuse to pay
- The client’s business looks shaky and you doubt you can recover
- Your team has chased it in-house and no longer knows what comes next
When in-house chasing reaches its limit, that is the moment to speak to an attorney.
Which of these is closest to your situation?
The route that suits you changes with the debtor’s position.
They will not respond, or they ignore you
A negotiated solution is difficult here. We consider court routes such as the payment demand procedure or litigation. Once a judgment or similar title is obtained, we can move to enforcement (attachment of assets).
They dispute the claim itself
The substance of the claim is contested. We organise the evidence — contracts, purchase orders, emails — and then choose between negotiation, mediation and litigation.
If the debtor’s finances are deteriorating, securing assets first (provisional attachment) may need to be done quickly.
What routes to collection are available?
In general, matters move from discussion toward court procedures.
A formal written demand (content-certified mail)
We demand payment by content-certified mail (naiyo shomei yubin — post office certification of what was sent and when). Such a demand is a "peremptory notice" under Article 150 of the Civil Code, and it postpones completion of the limitation period by six months.
Negotiating a binding promise to pay (settlement agreement / notarial deed)
The attorney becomes your point of contact and negotiates timing and instalment terms. The agreement can be recorded in a notarial deed (kosei shosho). If it includes a clause acknowledging compulsory execution — a line accepting attachment in the event of non-payment — you can apply for attachment without going through a trial (Civil Execution Act, Article 22, item 5).
Having the court order payment (payment demand procedure)
A court clerk orders payment on the documents alone (Code of Civil Procedure, Article 382 et seq.). If the debtor raises no objection within two weeks of service, you can apply for a declaration of provisional execution (Article 391). With that declaration, enforcement (attachment of assets) becomes available. If an objection is filed, the matter shifts to ordinary litigation.
Filing suit (small claims or ordinary litigation)
For claims of JPY 600,000 or less, a small claims action — concluded in a single hearing as a rule — is available (Code of Civil Procedure, Articles 368 and 370). Otherwise the claim is fixed by judgment or settlement in ordinary litigation.
Securing the debtor’s assets in advance (provisional attachment)
Where the debtor is likely to dispose of assets while the case runs, deposits and similar assets can be provisionally attached (Civil Provisional Remedies Act, Article 20). You will normally need to post security in the amount the court sets (Article 14).
Attachment on the strength of a judgment (compulsory execution)
On the basis of a judgment, a payment demand with a declaration of provisional execution, or a settlement record, we attach the debtor’s deposits, receivables or real property. Where the debtor’s assets are unknown, the property disclosure procedure — which requires the debtor to disclose them — is available (Civil Execution Act, Article 196 et seq.), as is the procedure for obtaining deposit information from financial institutions (Article 204 et seq.).
Where the debtor has no assets, collection can be difficult even with a judgment in hand.
We will also explain the prospect of recovery when we meet.
How soon do you need to act? (limitation periods)
While you wait a little longer, the limitation period can quietly draw close.
- For claims under contracts made on or after 1 April 2020, the limitation period is five years from the time you learned the claim was exercisable (Civil Code, Article 166(1)(i)).
- The claim is also time-barred once ten years have passed from the time it became exercisable (Article 166(1)(ii)).
- Claims under earlier contracts are governed by the pre-amendment Civil Code and Commercial Code, and the periods may differ.
- A demand by content-certified mail or similar postpones completion of the limitation period by six months (Civil Code, Article 150). Litigation or another step must follow within that window.
- If the debtor promises to pay, or pays part of the debt, the limitation period is renewed — it starts again (Civil Code, Article 152).
What changes when
you instruct an attorney?
- The attorney takes over as the point of contact with the client
- A demand in an attorney’s name can prompt the other side to reconsider its response
- We organise the basis of the claim from contracts, invoices and correspondence
- We act for you throughout — payment demand, litigation and enforcement
- We weigh the prospect of recovery against the cost and propose a route
3 features of Eight Force Law Office
In-house legal experience at a company
Our managing attorney spent about three years in the legal department of the Japanese arm of a foreign automotive company. We check contracts and the basis of a claim with commercial practice in mind.
Clients across industries and sizes
We support small and medium-sized companies, foreign-affiliated companies, startups and sole proprietors. Consultations in English are available.
Costs and outlook explained before we start
We compare the prospect of recovery with the costs involved and propose a route that is worth the spend. You instruct us only once you are satisfied.
From first contact to collection
- STEP 1 Get in touch
Contact us by phone or through the enquiry form. We will arrange a time to talk.
- STEP 2 Consultation with an attorney
At our office or online, we review the contract, invoices and the record of your exchanges. We explain the route, the outlook and the costs.
- STEP 3 Engagement
Once you are satisfied with the estimate, we conclude an engagement agreement.
- STEP 4 Demand and negotiation
We send a written demand in the attorney’s name and negotiate payment with the client.
- STEP 5 Court proceedings and enforcement
If payment still does not come, we move to the payment demand procedure, litigation and enforcement.
What does it cost?
We tell you the fees, along with the outlook, before we start.
Initial consultation30 min JPY 5,500(tax incl.)
Retainer fee10% of the claim~11% incl. tax, minimum JPY 110,000 (tax incl.)
Success fee20% of the amount recovered22% incl. tax
* These are guidelines for negotiation only (including provisional attachment). If the matter proceeds to a payment demand, litigation or enforcement, we provide an estimate in advance.
* Actual expenses are charged separately. We accept credit cards (VISA / MasterCard) and instalment payments.
For ongoing management of your trade receivables, an advisory retainer (from JPY 55,000 per month) is also available. See Attorney’s Fees for details.
Frequently asked questions
- Can I instruct you even if the unpaid amount is small?
- Yes, do come and talk to us. Depending on the amount, however, the fees can exceed what is recovered. We will explain at the consultation whether the costs are likely to outweigh the return.
- We have no written contract. Can we still claim?
- A contract is formed even without a document (Civil Code, Article 522(2)). Purchase orders, delivery notes, invoices, emails and chat logs can often show the transaction. Please bring whatever material you have.
- We would rather not damage the relationship with the client.
- Going straight to court is not the only option. Negotiation, or an agreement on instalments, can be handled with the relationship in mind. We decide the approach after hearing what you want.
- The debtor company looks close to insolvency.
- Once bankruptcy proceedings begin, individual collection is in principle no longer possible (Bankruptcy Act, Article 100(1)). We look at steps that can still be taken early, such as provisional attachment, so please do not wait.
- How long does it take to resolve?
- It depends on how the other side responds and which route is chosen. Some matters settle in negotiation; others run through to litigation and enforcement. We give you our view of the timeline at the consultation.
About the office
| Office | Eight Force Law Office |
|---|---|
| Managing attorney | Kento Araki (Dai-Ichi Tokyo Bar Association) |
| Address | 3F BIZ SMART Yoyogi, 1-25-5 Yoyogi, Shibuya-ku, Tokyo 151-0053 |
| Phone | 03-6809-0683 |
| Hours | Weekdays 9:00-18:00 (closed weekends & holidays) |
| Area covered | Nationwide (phone and online consultations) |
| Access | 3 min from Yoyogi Sta. (JR Yamanote / Sobu Line) / 4 min from Minami-Shinjuku Sta. (Odakyu Line) |
Please do not carry this alone.
We are here by phone, email and LINE.
Call us
03-6809-0683Weekdays 9:00-18:00Send a form
Contact us by emailAccepted 24 hoursTalk to us
Consult on LINE