※　All court proceedings are conducted in the Japanese language (Article 74 of the Court Act).

With which summary court should I file litigation?

　In principle, litigation is to be filed with the summary court having jurisdiction over the location of the domicile of the adverse party. For example, if the domicile of the adverse party is located within Tokyo's 23 wards, litigation is to be filed with the Tokyo Summary Court. If the domicile of the adverse party is unknown, litigation is to be filed with the summary court having jurisdiction over the location of the adverse party's last known domicile. However, for some types of cases, litigation may also be filed with a different summary court (for example, litigation on a claim for money may be filed with the summary court having jurisdiction over the place where the payment is to be made, and litigation on a claim concerning real property may be filed with the summary court having jurisdiction over the location of that real property).

With which summary court should I file a petition for conciliation?

　In principle, a petition for conciliation is to be filed with the summary court having jurisdiction over the location of the domicile of the respondent. For example, if the domicile of the respondent is located within Tokyo's 23 wards, the petition is to be filed with the Tokyo Summary Court. However, there are also exceptions for some types of cases.

With which summary court should I file an application for a demand for payment?

　In principle, an application for a demand for payment is to be filed with the summary court having jurisdiction over the location of the domicile of the adverse party. For example, if the domicile of the adverse party is located within Tokyo's 23 wards, the application is to be filed with the court clerk of the Tokyo Summary Court. However, there are also exceptions for a demand for payment through computer processing.

What are major types of disputes and the applicable court proceedings?

　A list of major types of disputes and applicable court proceedings are shown in the table below.
* The proceedings of a small claims action can only be used when claiming Payment of money in an amount not more than 600,000 yen.

What are the approximate amounts required as the fee for filing litigation and the postage stamps to be submitted to court?

　When submitting a complaint, a fee and postage stamps need to be paid.
　Please pay the fee by revenue stamps. Revenue stamps can be purchased at a post office. The amount of the fee differs depending on the amount in dispute. For example, if the amount in dispute is 100,000 yen, the fee for filing litigation is 1,000 yen, if the amount in dispute is 300,000 yen, the fee is 3,000 yen, and if the amount in dispute is 500,000 yen, the fee is 5,000 yen.
　The postage stamps are used, for example, for sending documents to persons concerned. The amount of postage stamps differs depending on the number of adverse parties to sue, the frequency of sending documents, and so on.

What should I do if I become an adverse party to litigation?

　Litigation is a procedure in which, when there is a dispute between parties, a judge hears both parties' arguments and examines their evidence with the aim of achieving resolution of the dispute by rendering a judgment.
　In civil litigation, the party filing litigation is called the plaintiff and the adverse party is called the defendant. "Defendant" is a term referring to the adverse party in civil litigation, and it is used in a different meaning from "accused," who is suspected of a crime in a criminal case. If you become a defendant, the court will send you a complaint and a writ of summons for the initial court date, so please read them carefully. If you write your arguments against the complaint in a document called a written answer and submit it before the initial court date, you will be able to accurately convey your arguments to the court and the plaintiff.
　You must appear at the court on the court date indicated in the writ of summons. If you do not appear at the court on the designated court date, a judgment may be rendered in favor of the plaintiff's arguments, so please be careful. If you are unable to appear on the designated court date due to an unavoidable reason, such as illness, please consult the court clerk in charge at the summary court.
　Please come to the court on the initial court date while making preparations so as to be able to explain your arguments in detail to the judge. If there is documentary evidence that will be useful in explaining your arguments, please make sure to bring it to court.
　Even during litigation, if the adverse party agrees to hold discussions with the plaintiff, it is also possible to resolve the dispute through discussions at the court. This is called "settlement." If you desire settlement, please inform the court to that effect.

What should I do if I am unable to appear at the court on the appearance date due to an unavoidable reason?

　If you are unable to appear at the court on the designated court date due to an unavoidable reason, such as illness, please consult the court clerk in charge at the summary court. If the reason is unavoidable, there are also cases where the court date will be changed. In that case, you may be asked to submit a document proving the circumstances, such as a medical certificate. Please note that the court date cannot be changed merely due to work circumstances, in principle.
　If the defendant does not submit a written answer and does not appear at the court on the designated initial court date, a judgment may be rendered in favor of the plaintiff's arguments, so please be careful.

What effects does a judgment have?

　A judgment becomes final and binding unless a party enters an objection against it within two weeks of receiving the judgment. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment. If a judgment in favor of the arguments of the party that filed the litigation (the plaintiff) becomes final and binding, but the adverse party (the defendant) does not comply with the judgment, the plaintiff may file a petition for compulsory execution in order to achieve the subject matter of the judgment. Meanwhile, if the phrase "this judgment may be provisionally executed" is written in the judgment, a petition for compulsory execution may be immediately filed to achieve the subject matter of the judgment, without the judgment having to become final and binding. However, if the defendant enters an objection, the compulsory execution proceedings could be stayed.

What should I do if I am dissatisfied with a judgment?

　Either the plaintiff or the defendant may enter an objection with a district court if they are dissatisfied with a judgment. The act of entering an objection is called an appeal. An appeal may be entered within two weeks from the day following the day on which the party received the judgment. Unless a party enters an appeal within two weeks, the judgment becomes final and binding. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment, so please be careful. To enter an appeal, please submit a document called a petition for appeal. A petition for appeal is to be addressed to the district court having jurisdiction over judicial proceedings in the area where the summary court that rendered the judgment is located, and to be submitted to the summary court that rendered the judgment.
　When submitting a petition for appeal, a fee and postage stamps need to be paid. Please pay the fee by revenue stamps. The postage stamps are used, for example, for sending the petition for appeal to the adverse party.
　If you have any questions about the appeal proceedings, please inquire with the court clerk in charge at the summary court that rendered the judgment.
　If you are dissatisfied with a judgment rendered in proceedings of a small claims action, you can only file an objection with the summary court that rendered the judgment, and you cannot enter an appeal with the district court.

What would be the proceedings after a judgment becomes final and binding without being appealed?

　If two weeks pass after the parties receive a judgment, an appeal may no longer be entered, and the judgment becomes final and binding. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment.
　If a judgment ordering the defendant to conduct a certain act, such as payment of money, becomes final and binding, the defendant must conduct the ordered act for the plaintiff. If the defendant does not follow the order, the plaintiff may file a petition for compulsory execution in order to achieve the subject matter of the judgment.

What would be the proceedings after a settlement has been reached?

　Reaching a settlement means that the parties hold discussions after the litigation has started and resolve the dispute. When a settlement is reached, the court clerk prepares a record of settlement by entering the details of the settlement.
　The record of settlement has the same effect as a final and binding court judgment, so the parties cannot object to the settlement afterwards, in principle. Also, the parties cannot file litigation again for the dispute that has been resolved by the settlement, in principle. If either party fails to conduct an act promised in the settlement, the other party may file a petition for compulsory execution with the court in order to achieve the subject matter of the settlement.

What kind of procedure are proceedings of a small claims action?

　A small claims action is a special procedure for an action seeking payment of money in an amount not more than 600,000 yen where the dispute is resolved in a trial that is completed within a day, in principle. It is a newly created procedure intended for expeditiously resolving small-scale disputes between citizens with less time and cost. The proceedings of a small claims action are carried out if the plaintiff makes a request to use this procedure when filing litigation seeking payment of money in an amount not more than 600,000 yen, and the defendant that is the adverse party does not object to it. In proceedings of a small claims action, the parties are to submit all of their arguments and evidence to the court by the initial court date. In addition, evidence is restricted to those that can be immediately examined on the initial court date. Therefore, if the contents of the dispute are complicated or there is a large number of witnesses to be examined and the trial is unlikely to be completed within a day, the case may be heard through ordinary proceedings at the discretion of the court.
　If the parties wish to resolve the dispute through discussions, they may use the method of settlement also in proceedings of a small claims action. If the case is unlikely to be resolved through discussions, the court renders a judgment on the initial court date, in principle. In a judgment rendered in a small claims action, the court may not only determine whether or not to uphold the plaintiff's arguments as in an ordinary civil judicial decision, but also order installment payments, a grace period for payment, or exemption from the obligation to pay any default charges that accrued after the filing of the action, under certain conditions.
　If you are dissatisfied with a judgment rendered in proceedings of a small claims action, you can file an objection with the summary court that rendered the judgment, but you cannot enter an appeal with the district court.
　The number of times a person can use the proceedings of a small claims action with the same court is limited to ten times a year.

What should I do if I become an adverse party to a small claims action?

　The plaintiff has filed litigation against you as the defendant, seeking a trial through proceedings of a small claims action. The court must have sent you documents including a complaint, a writ of summons for the date for oral arguments, and a document explaining the details of the proceedings of a small claims action. Please read those documents carefully.
　In proceedings of a small claims action, the court hears the arguments of both parties and examines their evidence, and immediately renders a judgment on the initial court date, in principle, unless there are any special circumstances. If you do not desire such a trial through proceedings of a small claims action, you can request a trial through ordinary proceedings of the summary court. In that case, you must make a request to transfer the litigation to ordinary proceedings by the time of oral arguments on the initial court date. Note that, you cannot file a counterclaim in a small claims action.
　For an outline of proceedings of a small claims action, please see the section "What kind of procedure are proceedings of a small claims action?"
In the case where you have no objection to going to a trial through proceedings of a small claims action, if you submit a written answer before the initial court date, you will be able to accurately convey your arguments to the court and the plaintiff.
　The date of the trial is written on the writ of summons for the date for oral arguments which you have received, so please appear at the court specified in the writ of summons on that date.
　If you are unable to appear on the designated date due to an unavoidable reason, please consult the court clerk in charge. If you do not submit a written answer and do not appear at the court on the designated trial date, a judgment of a small claims action may be rendered in favor of the plaintiff's arguments, so please be careful.

How does a small claims action proceed?

　When a complaint seeking a trial through proceedings of a small claims action is accepted by the court, the initial court date is decided, and both parties are notified of the date. Enclosed with the notice sent to the adverse party sued will be a duplicate copy of the complaint as well as documents such as a writ of summons for the date for oral arguments, a document explaining the details of the proceedings of a small claims action, a form for a written answer, and a document explaining the circumstances. Please check those documents, and first read the document explaining the details of the proceedings of a small claims action carefully. Then, the adverse party can make counterarguments by writing their arguments in a written answer. The document explaining the circumstances is the document with which both parties are to inform the court of the necessary circumstances in advance so that the trial may be concluded on the initial court date, in principle, through proceedings of a small claims action.
　Next, the preparations to be made ahead of the trial are explained below.
　In a small claims action, the court hears both parties' arguments and examines their evidence, and renders a judgment on the initial court date. If there is any discrepancy between the two parties' arguments, the court will determine which party's arguments are true based on evidence. Therefore, please prepare any evidence that will support your arguments so as to be able to submit it on the initial court date.
　Evidence mainly includes documentary evidence, such as contract documents, receipts, memorandums, and an accident report in the case of a traffic accident, and testimonies of witnesses and the parties themselves. If you have any questions about submission of evidence, please inquire with the court clerk in charge.
In addition, a dispute may be resolved not only by a judgment, but also by a method of settlement by holding discussions at court after the litigation has started and promising with the adverse party to make payments in installments, for example.
　Lastly, regarding a case where you cannot appear at the court on the appearance date due to an unavoidable reason, please see the section "What should I do if I am unable to appear at the court on the appearance date due to an unavoidable reason?"

What would be the proceedings after a small claims action has concluded?

　A judgment of a small claims action becomes final and binding unless a party enters an objection against it within two weeks from the day following the day on which the party received the judgment. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment. A declaration of provisional execution stating, "this judgment may be provisionally executed," is attached to a judgment of a small claims action in favor of the arguments of the party that filed the small claims action (the plaintiff). Therefore, if the adverse party (the defendant) does not comply with the judgment, the plaintiff may file a petition for compulsory execution in order to achieve the subject matter of the judgment, even before the judgment becomes final and binding. However, if the defendant enters an objection and seeks proceedings for a stay of compulsory execution, the compulsory execution proceedings may be stayed.
　Next, the procedure to be followed in the case where a party is dissatisfied with a judgment of a small claims action is explained below.
　Either the plaintiff or the defendant may lodge an objection with the summary court that rendered a judgment of a small claims action if they are dissatisfied with the judgment. Meanwhile, an objection cannot be lodged against a judicial decision relating to a stipulation on a grace period for payment, installment payments, forfeiture of the benefit of time, or exemption from the obligation to pay any default charges that accrued after the filing of the action, which is attached to a judgment of a small claims action. If you have any questions about the objection procedure, please inquire with the court clerk in charge at the summary court that rendered the judgment of a small claims action.
　After the objection is lodged, the trial will be conducted and the judicial decision will be reached through ordinary proceedings at the same summary court as the court that rendered the judgment of a small claims action. However, as in the case of a small claims action, there are some restrictions, such as not being able to file a counterclaim in the litigation after objection and not being able to enter an appeal against the judgment in the litigation after objection.
　In the proceedings of a small claims action and proceedings of litigation after objection as well, the parties may hold discussions after the litigation has started and resolve the dispute by settlement. When a settlement is reached, the court clerk prepares a record of settlement by entering the details of the settlement. As the record of settlement has the same effect as a final and binding court judgment, if either party fails to conduct an act promised in the settlement, the other party may file a petition for compulsory execution in order to achieve the subject matter of the settlement.

What is execution against a claim relating to an action on small claim?

　Execution against a claim relating to an action on small claim is compulsory execution against a monetary claim (salary, deposit, etc.) carried out by a summary court only based on a title of obligation (a judgment, record of settlement, etc.) that has been obtained in proceedings of a small claims action conducted at that summary court.

What are the approximate amounts required as the fee for filing a petition for conciliation and the postage stamps to be submitted to court?

　When filing a petition for conciliation, a fee and postage stamps need to be paid.
　Please pay the fee by revenue stamps. Revenue stamps can be purchased at a post office. The amount of the fee, which differs depending on the amount in dispute, is smaller compared to the fee for litigation. For example, if the amount in dispute is 300,000 yen, the fee for filing a petition for conciliation is 1,500 yen, and if the amount in dispute is 1,000,000 yen, the fee is 5,000 yen.
　The postage stamps are used, for example, for sending documents to persons concerned. The amount of postage stamps differs depending on the number of respondents, the frequency of sending documents, and so on.

What should I do if I become a respondent of conciliation?

　Conciliation is a procedure for amicably resolving a dispute through discussions with a judge and civil conciliation commissioners, who have been appointed from the general public, mediating between the petitioner and the respondent. In order to move the discussions forward, you must appear at the court at the date and time notified by the court. If you are unable to appear due to an unavoidable reason, such as illness, please consult the court clerk in charge at the summary court.
　Next, the preparations to be made ahead of conciliation are explained below.
　Please make preparations so as to be able to explain the details of the dispute and your arguments on the appearance date for conciliation. If there are documents that will be useful in explaining the details of the dispute, such as contract documents or receipts, please bring them to court on the appearance date.

What should I do if I am unable to appear at the court on the appearance date due to an unavoidable reason?

　Conciliation is a procedure for resolving a dispute through discussions. Therefore, if you become a respondent of conciliation, you must appear at the court at the date and time notified. If you are unable to appear at the court due to an unavoidable reason, such as illness, please consult the court clerk in charge at the summary court. If the reason is unavoidable, it may be possible to have a family member or a company employee appear as an agent. There are also cases where the appearance date is changed.

If conciliation is successful, what effects will it have?

　When an agreement is reached between the parties through discussions, the court clerk enters its details in a record, and conciliation is deemed successful. This record has the same effect as a final and binding court judgment, so the parties cannot object to it afterwards, in principle. If the parties have promised to conduct certain acts, such as paying money or vacating a building, in this record, the parties need to keep this promise. If either party fails to conduct the promised act, the other party may file a petition for compulsory execution in order to achieve the subject matter of the conciliation.
　If you wish to obtain the conciliation record, you need to file an application with the summary court. For details, please inquire with the court clerk in charge.

If conciliation is not successful, what procedures should I follow thereafter?

　If the parties to conciliation proceedings do not reach an agreement and the dispute is unlikely to be resolved through discussions, the proceedings will be discontinued. In addition, if the dispute is unlikely to be resolved through discussions, the court may propose a solution that is considered to be appropriate. This is called an "order in lieu of conciliation." This order has the same effect as a case where conciliation is successful, if both parties agree to the order, but if either party raises an objection to it within two weeks, the order will cease to be effective, and conciliation is deemed not to be successful.
　If conciliation is not successful, and you still desire resolution of the dispute, you can file litigation. Litigation is to be filed with a summary court if the amount in dispute is not more than 1,400,000 yen, and with a district court if the amount is more than 1,400,000 yen. If you receive a notice of discontinuation of conciliation, and file litigation for the same dispute within two weeks, the amount of the fee you paid when filing the petition for conciliation can be deducted from the amount of the fee for filing litigation. For the procedure to be followed in such case, please inquire with the court clerk in charge at the summary court.

What kind of procedure is an order in lieu of conciliation?

　If the parties to conciliation proceedings do not reach an agreement and the dispute is unlikely to be resolved through discussions, the proceedings will be discontinued. In addition, if the dispute is unlikely to be resolved through discussions, the court may propose a solution that is considered to be appropriate. This is called an "order in lieu of conciliation." This order has the same effect as a case where conciliation is successful, if both parties agree to the order, but if either party raises an objection to it within two weeks, the order will cease to be effective. In such case, litigation may be filed.

What kind of procedure is special conciliation?

　Special conciliation is a procedure specified as an exception to civil conciliation, in which an individual or corporate debtor that faces difficulty in continuing to repay debts discusses the repayment method and other matters with the creditor in order to reconstruct their living or business.
　When a petition for conciliation is filed, the appearance date for discussions is designated. On that date, civil conciliation commissioners hear from the petitioner matters including the status of living or business and the future repayment method, and hear the respondent's ideas. Then, they coordinate the two parties' opinions as to what method would be fair, appropriate, and economically reasonable as a method to repay the remaining debts. Therefore, the contents of the agreement reached in special conciliation can be regarded to be substantially impartial, not violating laws, and appropriate for reconstructing the living or business of the debtor, and the act of reaching an agreement with such contents can be regarded to be economically reasonable.
　The proceedings of special conciliation are carried out basically in the same manner as ordinary conciliation proceedings, so please also refer to other questions concerning conciliation proceedings.

How can I file a petition for special conciliation?

　In order to file a petition for special conciliation, please submit a document called a written petition for conciliation to the summary court having jurisdiction over the location of the domicile of the respondent. In doing so, please clearly indicate that you wish to use the proceedings of special conciliation. Please also indicate the approximate amount of debt you can repay every month, and the length of the desired grace period.
　If the petitioner is a person conducting a business, the petitioner should also clarify the progress of negotiations with creditors and other parties. If the petitioner is a corporation, such as a company, the petitioner should further clarify the name, location, the name of the representative person, and the contact information of the corporation's labor union.
　In addition, please pay a fee and submit postage stamps to be used for sending documents to persons concerned. The fee is to be paid by revenue stamps.
　Some summary courts have the sheet to be used for filing a petition available at the counter.

What kinds of materials are needed when filing a petition for special conciliation?

　When filing a petition for special conciliation, please submit documents that clarify the difficulty in continuing to repay debts. Such documents could include a list of assets, a list of creditors and security interest holders, documents showing the status of living or business, and documents showing the details of the borrowings and the details of the past repayments.
　For example, documents showing the status of living could be copies of a salary statement, household accounts book, and bank books, whereas documents showing the status of business could be copies of a balance sheet, profit and loss statement, cash budget, business plan, and accounting book. Moreover, documents showing the details of the borrowings could be copies of contract documents, whereas documents showing the details of the past repayments could be copies of receipts or the like.
　Meanwhile, the assets could include real property, automobiles, deposits and savings, refunds to be made upon cancellation of life insurance contracts, machines for business use, accounts receivable, and claims on negotiable instruments.
　If you are instructed by the court to submit any other necessary documents, please follow that instruction.

How does the procedure after submission of a written application for a demand for payment proceed?

　When an application for a demand for payment is filed, the court clerk examines its contents and issues a demand for payment. However, if the adverse party lodges an objection to it, the case will be heard through ordinary litigation proceedings. If two weeks pass after the adverse party receives the demand for payment without the party lodging an objection to it, the petitioner may file a petition for a declaration of provisional execution within 30 days from that date. When a petition for a declaration of provisional execution is filed, the court clerk examines its contents and attaches a declaration of provisional execution to the demand for payment. When a declaration of provisional execution is attached, the petitioner may immediately take the procedure for compulsory execution. If the petitioner does not file a petition for a declaration of provisional execution within 30 days, the demand for payment ceases to be effective.
　If the adverse party lodges an objection against the demand for payment bearing a declaration of provisional execution, the case will be heard through ordinary litigation proceedings. The period during which the adverse party may lodge an objection against the demand for payment bearing a declaration of provisional execution is within two weeks after receiving the demand for payment bearing a declaration of provisional execution.

What should I do if I receive a demand for payment?

　A demand for payment is issued after examining only the contents of the petition filed by the petitioner, and it orders the adverse party to pay money. The amount claimed by the petitioner is written in the section "object of the claim" and the petitioner's arguments are written in the section "statement of the claims." If you are dissatisfied with this demand for payment, you can lodge an objection to it.
　To lodge an objection, please write the required matters in a document called "written objection," which is enclosed with the demand for payment, and send it by postal mail or directly bring it to the summary court that issued the demand for payment. If you lodge an objection, the case will be heard through ordinary litigation proceedings.
　If you do not lodge an objection within two weeks after receiving the demand for payment, a declaration of provisional execution may be attached to the demand for payment. If a declaration of provisional execution is attached to the demand for payment, you may become subject to compulsory execution immediately.
　The period for lodging an objection to a demand for payment is until a declaration of provisional execution is attached to the demand for payment. Meanwhile, the period for lodging an objection to a demand for payment bearing a declaration of provisional execution is within two weeks after receiving the demand for payment bearing a declaration of provisional execution.

What should I do if I receive a demand for payment bearing a declaration of provisional execution?

　A demand for payment is issued after examining only the contents of the petition filed by the petitioner, and it orders the adverse party to pay money. When a declaration of provisional execution is attached to the demand for payment, the petitioner may immediately take the procedure for compulsory execution. If you are dissatisfied with this demand for payment, you can lodge an objection to it. The period for lodging an objection is within two weeks from the day following the day on which you receive the demand for payment bearing a declaration of provisional execution. To lodge an objection, please write the required matters in a document called "written objection," which is enclosed with the demand for payment, and send it by postal mail or directly bring it to the summary court that issued the demand for payment.
　Even if you lodge an objection to a demand for payment bearing a declaration of provisional execution, compulsory execution will not be stayed unless you follow the proceedings for a stay of compulsory execution.
　If you lodge an objection, the case will be heard through ordinary litigation proceedings. If you do not lodge an objection, you will no longer be able to dispute the contents of the demand for payment bearing a declaration of provisional execution in the future.