Code of Civil Procedure

At the application of the creditor, the court clerk may issue a demand for the payment of a claim whose object is the payment or delivery of a fixed amount of money, other fungible, or securities; provided, however, that this applies only if it is possible to serve the demand in Japan without recourse to service by publication.

An application for a demand for payment is filed with the court clerk of the summary court of jurisdiction in the locality that constitutes the general venue for an action involving the debtor.

An application for a demand for the payment of the claim stated in each of the following items may also be filed with the court clerk of the summary court of jurisdiction in the place stated in that item:

a claim against a person with an office or a business office, which is filed in connection with the business conducted at the person's office or business office:the location of that office or business office;

a claim for the payment of monies based on a bill, note, or check, and any incidental claims:the place for payment of the bill or note or for the check.

Unless contrary to their nature, provisions on actions apply mutatis mutandis to an application for a demand for payment.

If an application for a demand for payment is not in accordance with the provisions of Article 382 or Article 383 or if it is obvious, from the object of the application, that the claim is without grounds, the application must be denied. The same applies to any part of a claim for which it is not permissible to issue a demand for payment.

The disposition under the provisions of the preceding paragraph comes into effect by notice being given by a means that is considered appropriate.

Any objection to the disposition referred to in the preceding paragraph must be lodged within an inalterable time frame of one week from the day on which the notice is received.

It is not permissible to enter a protest against a judicial decision on an objection as referred to in the preceding paragraph.

A demand for payment is issued without the debtor being heard.

A debtor may lodge an objection to a demand for payment with the summary court to which the court clerk that issues the demand belongs.

When issuing a demand for payment, the court clerk must create an electronic demand for payment (meaning an electronic or magnetic record containing the following and including a supplementary note indicating that if the debtor does not lodge an objection to the demand within two weeks after the day on which the debtor is served with the demand for payment, a declaration of provisional enforceability will be issued at the petition of the creditor; the same applies in this Chapter) as provided for by the Rules of the Supreme Court:

an indication that the debtor is being ordered to make a payment or delivery as referred to in Article 382;

the prayer for relief and a statement of the claim;

the parties and legal representatives.

When a court clerk has created an electronic demand for payment pursuant to the provisions of the preceding paragraph, they must record it in the court's computer files as provided for by the Rules of the Supreme Court.

An electronic demand for payment (limited to one recorded in the court's computer files pursuant to the provisions of paragraph (2) of the preceding Article; the same applies in this Chapter) must be served on the debtor.

A demand for payment becomes valid at the time it is served on the debtor.

If it is not possible to serve an electronic demand for payment because the debtor's domicile, residence, business office or other office, or workplace is not located at the place the creditor has expressed, the court clerk must notify the creditor of this. In such a case, if the creditor does not propose a place for service to be effected other than the place previously proposed within an inalterable time frame of two weeks from the day on which the creditor receives that notice, the creditor is deemed to have withdrawn the application for the demand for payment.

The provisions of Article 74, paragraphs (1) and (2) apply mutatis mutandis to a demand for payment.

If a lawful objection to a demand for payment is lodged after a declaration of provisional enforceability, it is not permissible to lodge an objection to a corrective action under the provisions of Article 74, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

If a lawful objection to a demand for payment is lodged prior to a declaration of provisional enforceability, the demand for payment ceases to be valid, to the extent of the objection to the demand.

If a debtor does not lodge an objection to an electronic demand for payment within two weeks from the day on which the debtor is served with that electronic demand for payment, the court clerk, at the petition of the creditor, must issue a declaration of provisional enforceability, attaching a supplementary note of the amount of expenses for demand procedures to the electronic demand for payment; provided, however, that this does not apply if an objection to the demand is lodged prior to that declaration.

Any declaration of provisional enforceability must be recorded in an electronic demand for payment, as provided for by the Rules of the Supreme Court, and the demand for payment must be served on the parties; provided, however, that with the consent of the creditor, a paper document prepared by outputting the information contained in the electronic demand for payment in which a declaration of provisional enforceability has been recorded may be sent to the creditor, in lieu of service.

The provisions of Article 385, paragraphs (2) and (3) apply mutatis mutandis to a disposition denying, a petition as referred to in paragraph (1) and to the lodging of an objection against such a disposition.

An immediate appeal may be filed against a judicial decision on an objection as referred to in the preceding paragraph.

The provisions of Article 260 and Article 388, paragraph (2) apply mutatis mutandis to a declaration of provisional enforceability as referred to in paragraph (1).

If a creditor does not file a petition for a declaration of provisional enforceability within 30 days from the time at which it becomes permissible for the creditor to file that petition, the demand for payment ceases to be valid.

Once an inalterable time frame of two weeks has passed following the day on which the debtor is served with an electronic demand for payment bearing a declaration of provisional enforceability, the debtor may not lodge an objection to that demand for payment.

If the summary court finds that an objection to a demand is not in accordance with the law, it must rule to deny that objection, even if the claim that the objection concerns is subject to the jurisdiction of the district court.

An immediate appeal may be filed against the ruling referred to in the preceding paragraph.

If a lawful objection to a demand is lodged, an action is deemed to have been filed regarding the claim that the objection concerns, at the time that the application for the demand for payment was filed, with the summary court to which the court clerk issuing the demand for payment belongs or with the district court of jurisdiction for that locality, depending on the value of the subject matter of the claim. In such a case, expenses for the demand procedures constitute part of the court costs.

If no objection is lodged to a demand for payment bearing a declaration of provisional enforceability, or when a ruling denying an objection to a demand becomes final and binding, the demand for payment has the same effect as a final and binding judgment.