※　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 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 last known domicile of the adverse party. 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. In another case, litigation on a claim concerning real property may be filed with the summary court having jurisdiction over the location of that real property.
    If you would like to find out where to file a litigation, please see the List of Petition Submission Recipients (Summary Courts) (in Japanese).

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

　In principle, a petition for mediation is to be filed with the summary court having jurisdiction over 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. 
　If you would like to find out where to file a litigation, please see the List of Petition Submission Recipients (Summary Courts) (in Japanese).

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 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 made through computer processing.
    If you would like to find out where to file a litigation, please see the List of Petition Submission Recipients (Summary Courts) (in Japanese).

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

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

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

　Litigation is a procedure that takes place when there is a dispute between parties. In it, 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 the "accused," who is the person 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 written answer (the defendant's written response to the plaintiff's claims or allegations stated in the complaint) and submit it before the initial court date, you will be able to accurately convey your arguments to the court and the plaintiff.
　In addition, please make preparations on the initial court date so that you can explain your arguments in detail to the judge. Please also make sure to bring documentary evidence with you that will be useful in explaining your arguments.
　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 a "settlement." If you desire a settlement, please inform the court to that effect.
If the defendant does not appear on the designated initial court date, a judgment may be rendered in favor of the plaintiff's claim. That is, unless the defendant has clarified his/her intention to dispute the plaintiff's claim in a written answer or any other documents. So, please be careful.

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 from the date on which the judgment was served. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment. The adverse party (the defendant) may not comply with the judgment in a case where a judgment in favor of the arguments of the party that filed the litigation (the plaintiff) becomes final and binding. In this case, the plaintiff may file a petition for compulsory enforcement 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 enforcement may be immediately filed to achieve the subject matter of the judgment. This does not require the judgment to become final and binding. However, if the defendant enters an objection, the compulsory enforcement 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 date on which the judgment was served. 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.
　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. 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 from the date on which the judgment was served, 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 perform a certain act, such as payment of money, becomes final and binding, the defendant must perform the ordered act. If the defendant does not follow the order, the plaintiff may file a petition for compulsory enforcement 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 the settlement by entering the details of the settlement.
　The record of settlement has the same effect as a final and binding court judgment.

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

　A small claims action is a procedure for an action seeking payment of money of an amount not more than 600,000 yen, and in principle, it is intended to resolve the dispute in a trial that is completed within a day. It is a procedure created for the purpose of expeditiously resolving small-scale disputes between citizens in shorter periods of time and at lower cost. The proceedings of a small claims action are carried out in the following circumstances: where 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 where the defendant that is the adverse party does not object to it. In the 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 that which can be immediately examined on the initial court date. Therefore, if the dispute is complicated or there are many witnesses to be examined and the trial is unlikely to be completed within a day, the case may be heard through ordinary proceedings. This is at the discretion of the court.
　If the parties wish to resolve the dispute through discussions, they may also use the method of settlement in the 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. It may also order installment payments, a grace period for payment, or an 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 the proceedings of a small claims action, you can file an objection with the summary court that rendered the judgment. You cannot, however, enter an appeal with the district court.
　The number of times a person can use the proceedings of a small claims action at 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 the 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 the proceedings of a small claims action, the court completes the trial within a day by hearing the arguments of both parties and examining their evidence, and in principle, immediately renders a judgment on the initial court date, unless there are any special circumstances. If you do not desire such a trial through the 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. Please note that you cannot file a counterclaim in a small claims action.
　For an outline of the proceedings of a small claims action, please see the section "What kind of procedure are the proceedings of a small claims action?"
　In the case where you have no objection to going to a trial through the proceedings of a small claims action, you can submit a written answer before the initial court date. If you do so, 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. Therefore, 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 the following: 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. Firstly, please 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 the testimonies of witnesses and the parties themselves.
　In addition, a dispute may be resolved not only by a judgment. It may also be resolved 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 date on which the judgment was served. Once the judgment becomes final and binding, the parties become unable to dispute the contents of the judgment. A declaration of provisional enforcement 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 enforcement in order to achieve the subject matter of the judgment. This may be done even before the judgment becomes final and binding. However, if the defendant enters an objection and seeks proceedings for a stay of compulsory enforcement, the compulsory enforcement 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 judicial decisions in relation to the following: a stipulation on a grace period for payment; installment payments; a case where non-payment has caused the entirety of the obligation to become payable; or an 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. 
　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. These include 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 the settlement by entering the details of the settlement. The record of settlement has the same effect as a final and binding court judgment.

What kind of procedure is enforcement against a claim relating to an action on a small claim?

　 Enforcement against a claim relating to an action on a small claim is compulsory enforcement 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 should I do if I become a respondent in a mediation?

　Mediation is a procedure for amicably resolving a dispute through discussions with a judge and civil mediation 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 mediation 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 mediation. 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?

　Mediation is a procedure for resolving a dispute through discussions. Therefore, if you become a respondent of a mediation, you must appear at the court at the date and time of which you have been 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. In such cases, 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 mediation 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 mediation 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 in this record to perform certain acts, such as paying money or vacating a building, the parties need to keep this promise. If either party fails to perform the promised act, it may be possible for the other party to file a petition for compulsory enforcement in order to achieve the subject matter of the mediation.
　If you wish to obtain the mediation record, you need to file an application with the summary court.

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

　If the parties to mediation 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 mediation." This order has the same effect as a case where mediation is successful, if both parties agree to the order. If either party raises an objection to it within two weeks, however, the order will cease to be effective, and mediation will be deemed not to be successful.
　If mediation 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. It may be the case that you receive a notice of discontinuation of the mediation, and file litigation for the same dispute within two weeks. In this case, the amount of the fee you paid when filing the petition for mediation can be deducted from the amount of the fee for filing litigation.

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

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

What kind of procedure is special mediation?

　Special mediation is a procedure specified as an exception to civil mediation. In it, 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 special mediation is filed, the appearance date for discussions is designated. On that date, civil mediation 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 mediation can be regarded as being: substantially impartial; not in violation of laws; and appropriate for reconstructing the living or business of the debtor. As such the act of reaching an agreement with such contents can be regarded as economically reasonable.
　The proceedings of special mediation are carried out basically in the same manner as ordinary mediation proceedings, so please also refer to other questions concerning mediation proceedings.

How can I file a petition for special mediation?

　In order to file a petition for special mediation, please submit a document called a written petition for mediation to the summary court having jurisdiction over the domicile of the respondent. In doing so, please clearly indicate that you wish to use the proceedings of special mediation. 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, it is also necessary to pay, for example, the amount stipulated by law as the fee for filing a petition for special mediation.

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

　When filing a petition for special mediation, 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 a "written objection," which is enclosed with the demand for payment, and send it by postal mail to the summary court that issued the demand for payment. Alternatively, bring it directly there. If you lodge an objection, the case will be heard through ordinary litigation proceedings.
　If you do not lodge an objection within two weeks from the date on which the demand for payment was served, a declaration of provisional enforcement may be attached to the demand for payment. If a declaration of provisional enforcement is attached to the demand for payment, you may become subject to compulsory enforcement immediately.
　The period for lodging an objection to a demand for payment is until a declaration of provisional enforcement is attached to the demand for payment. Meanwhile, the period for lodging an objection to a demand for payment bearing a declaration of provisional enforcement is up to two weeks starting from the date on which the demand for payment was served.

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

　 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 enforcement is attached to the demand for payment, the petitioner may immediately take the procedure for compulsory enforcement. 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 date on which the demand for payment bearing a declaration of provisional enforcement was served. To lodge an objection, please write the required matters in a document called a "written objection," which is enclosed with the demand for payment, and send it by postal mail to the summary court that issued the demand for payment. Alternatively, bring it directly there. 
　Even if you lodge an objection to a demand for payment bearing a declaration of provisional enforcement, compulsory enforcement will not be stayed unless you follow the proceedings for a stay of compulsory enforcement.
　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 enforcement in the future.