Debt Aging Method ! Debt Consolidation

 

 

 

 

There is a limitation on debt.

However, just because the expiration period has passed does not mean that the obligation to repay debts naturally disappears.

“I have no intention to repay this debt because the detention is complete.”

In this way, the repayment obligation does not disappear unless the extinct prescription for declaring the creditor (lender) is used .

Only those who meet the following four conditions can invoke the prescription.

  • Debt period specified in the Civil Code has passed
  • No claims have been made by the creditors (the court has not received a ruling)
  • I have never “approved for debt” ( I have not made some repayments or payment forditions)
  • Indicate to the creditor (lender) the intention to use the prescription

Moreover, even if these conditions are met, it may not be easy to complete the prescription, since the term of the prescription may have been extended without your knowledge.

So, this time, we will introduce the conditions for completion of aging and the method of using extinct aging for the aging of debt.

Consultation of debt-based prescription aid to Avance Legal Office

table of contents

  • The period of aging must have elapsed to use the aging
    • Debt period (card loan, NHK, rent, scholarship, etc.) differs depending on the period of limitation that can be used.
    • The “starting point” where the counting of the aging period begins is important
  • If there is a suspended reason for the prescription, the prescription can not be used
    • Discontinuation Events 1. Five years after receiving a request in court, 10 years can not be used as a limitation upon judgment.
      • Even if we can not receive the documents from the court, the period of prescription is extended
      • The prescription period may be extended by six months due to an out-of-court request
    • Interruption 2. If the debtor approves the debt, he loses the right to invoke the limitation
  • Two tasks that the debtor does to invoke the prescription
    • Disclosure of Debt Contract Content and Transaction History to Know the Aging Completion Date
    • Mail an extinctive prescription-acquisition notice to a creditor in order to indicate a prescription-supplemented intention
  • Consult with a lawyer, a judicial scrivener, an administrative scrivener if you want the debt to be used for a definite period of time

The period of aging must have elapsed to use the aging

In order to complete the detention of debt, it is a mandatory condition that the period of detention has passed.

The period of detention is determined by the type of debt and not all are the same period.

Also, the starting point (from when) to the date of completion of prescription (before) is important.

“I used a prescription, but I needed a few more days.”

“It was totally different from the completion date I was thinking about.”

Make sure that the aging period has passed so that this is not the case.

Debt period (card loan, NHK, rent, scholarship, etc.) differs depending on the period of limitation that can be used.

Debt period (card loan, NHK, rent, scholarship, etc.) differs depending on the period of limitation that can be used.

Debt settlement is defined in the Civil Code, and the period of detention differs depending on the type of bond.

It is important to note that the debt repayment obligation will not disappear unless the extinct statute of limitations is applied after confirming the statute of limitations.

The table below summarizes the main debts and the required aging period.

※ The prescription period is scheduled to be unified to five years by the revision of the Civil Code in 2020.

Aging Type of bond Details
1 year Accommodation transportation expenses Food and drink price Article 174 of the Civil Code (one-year short-term extinct prescription)
2 years Monthly allowances, teaching materials expenses Manufacturing, wholesale and retail trade accounts receivable Civil Code Article 173 (two-year short-term extinct prescription)
3 years Construction fee / design fee Car repair fee construction fee Article 170 of the Civil Code (3 years of short-term extinct prescription)
3 years
5 years
Medical bills Medical expenses correspond to “reward to doctor and midwife”, and extinct prescription is established after three years
Article 170 of the Civil Code (3 years of short-term extinct prescription)

In the case of a national or public hospital, it is a public debt and becomes statuted after five years

5 years Commercial receivables, term benefit receivables Borrowings resulting from business activities (business transactions, loans made by companies, credit cards, loans from consumers, banks, etc. )

※ When purpose of loan is for profit purpose such as business funds

Including rent, land fee, NHK reception fee

10 years Civil loan, final judgment, etc. Inter-individual transactions, debts, etc. Credit unions, credit unions, agricultural cooperatives, commercial and commercial funds, labor banks, JHF , Japan Student Services Organization

※ Lending from organizations that are not for profit

Final judgment, court settlement or mediation

It turned out that the period which becomes the prescription changes with debts.

An even more important point is when the period of detention begins and when detention takes place.

In fact, it depends on the nature of the debt (contract content, payment method) when and how long the specific period is specifically fixed.

Next, let’s check the starting point of aging.

The “starting point” where the counting of the aging period begins is important

The "starting point" where the counting of the aging period begins is important

If the period of detention is not even one day, you can not use the deduction.

In order to judge that the limitation has been established, it is necessary to know both the “starting point” at which counting starts and the limitation period.

The starting point of the limitation period is from the last repayment date and the day after the payment due date (depending on the debt).

And the day when it can be said that the limitation period has definitely passed is the day when the limitation period has passed from the last repayment date and the day after the payment date .

For example, in the case of a card loan, the repayment of debt is made on October 1, 2010, and if it has not made any further payment, the counting of the period of restriction will start from October 2, 2010.

The card loan accreditation period is five years, and just five years after October 2, 2010 is October 2, 2015, so five days have passed on October 3, 2015.

In other words, the prescription will be completed on October 3, 2015.

The starting point depends on the contents of the debt, so be sure to check.

As we summarized specific calculation point and completion date of prescription for each contents of debt, please refer to.

Debt type Starting point Prescription completion date
Various card loan credit card mobile charges etc The day after the last repayment date 5 years passed
NHK reception fee Prescription can be used for all over 5 years ago * Payment for the latest 5 years is mandatory (Only for five years)
5 years passed
rent The day after the payment of the rent for each month

※ The settlement of non-payment rent proceeds individually from each payment date

5 years passed

※ When there is a subrogation by the guarantee company, it is not the payment date of the rent but five years from the subsidy date

Scholarship Next day of payment date ※ Calculate the period of limitation for each installment money 10 years passed

※ The date of payment of the parting money before 10 years retroactively

The day after the lump-sum payment request date ※ If you received a lump-sum payment request due to long-term nonpayment Ten years have passed since the day after the bulk payment request was received

If there is a suspended reason for the prescription, the prescription can not be used

It was found that if the aging period of debt is confirmed, it can be used as an aid.

However, it can be said that it is an unfair idea for creditors to think that they can write off their debt over time.

Therefore, there is a system called “suspending of the prescription” .

From the point of view of protection of the creditor (lender), the progress of the prescription will be reset if there is any reason that the prescription will be suspended.

There are two types of suspension of statute of limitations: “claim in court” and “approval of debt ”, and if such an event is recognized, the five-year debt is plus five years and the ten-year debt is plus ten years It means that the progress of the aging reset .

Furthermore, receiving a request in court, even if a 5-year statute of limitations is extended by 10 years in the case of a 5-year statute of limitations, it is the most important item to confirm that there was no suspension of statute of limitations.

Then, I will explain in detail what kind of cases “trial claims” and “approval of debt” are specifically recognized.

※ “Discontinuation of prescription” is scheduled to be changed to “update of prescription” by the 2020 civil law revision.

Discontinuation Events 1. Five years after receiving a request in court, 10 years can not be used as a limitation upon judgment.

Discontinuation Events 1. Five years after receiving a request in court, 10 years can not be used as a limitation upon judgment.

First of all, one of the reasons for suspension of prescription is “claim in court.”

Judgment request refers to the act of a creditor performing “litigation” or “payment reminder procedure” through a court, unlike a request from a creditor by telephone or notice.

Interruption reason Overview Extension of aging
Payment reminder A payment reminder is received from the court.

If the court does not appeal within 14 days, the court will receive a payment request with a provisional execution declaration, and if it is not filed within 14 days, it will shift to a normal action.
If you go to a lawsuit with payment reminders and you are judged, the statute of limitations extends 10 years back to the filing date.
Lawsuit Complaints are sent from the court.

If you ignore the complaint, you will be absent .
As a result of trial making an answer, it becomes a judgment that admits plaintiff’s action.
When a creditor submits a complaint, the statute of limitations is suspended and extended by 5 years.
※ If the appeal is dismissed as a result of the trial, it will be extended by 5 years.
In case of a judgment, the prescription is extended by 10 years from the date of filing the complaint in the court.

※ The act of a creditor transferring debt to a debt collection company does not apply to this, and the progress of the prescription does not stop.

Since payment reminders have low commissions and the same effect as judgments, many creditors currently use them.

What I want to be careful is to leave even though the court has received a complaint.

If you leave the documents received from the court, you may be absent and your debt repayment obligation may be extended to 10 years.

Be sure to check the contents and consult with a legal expert when you receive the documents from the court.

Even if we can not receive the documents from the court, the period of prescription is extended

Did you know that court judgments sometimes appear in places that you do not know?

Even in the case of refusal to receive documents or no addressee due to relocation, documents mailed by the following two methods may be recognized as official and have been judged.

  • Mail delivery

    Documents sent by this mailing method are treated as delivered whether they are received or not, and court proceedings are unilaterally advanced.
    There is no point in rejecting receipt.

  • Notification service

    Even if the address of the other party is unknown and proof of document delivery can not be obtained, it is considered to have been delivered.
    Even if you do not know where you moved, you will be sentenced if the notification service is made.

Even if you think that your prescription is complete, your judgment may be extended in this way for ten years.

If you have moved to a debt, be sure to make sure that you have not received a court ruling before sending a prescription aid notice.

You can tell if you have a decision by asking the court’s court office.

The prescription period may be extended by six months due to an out-of-court request

It is possible for a creditor to make an “out-of-court claim”, as opposed to offering a lawsuit to the court.

Out-of-trial request means that the creditor makes a notification by content certification mail near completion of the prescription.

If a claim is received from a creditor, the period of limitation is extended for six months, and if the claimant makes a request in court during that time, the debtor can not be used even after the passage of the limitation period.

If the creditor does nothing within six months, the extension will be void.

Interruption 2. If the debtor approves the debt, he loses the right to invoke the limitation

Interruption 2. If the debtor approves the debt, he loses the right to invoke the limitation

The second reason for suspension of detention is “approval of debt”.

Debt approval is said to be representative of “partial repayment,” “payment requisition request,” and “indication of repayment intention” .

  • Partial payment

    The creditor came home and was told, “Please repay it as it is just now in the wallet,” and passed only 1,000 yen.

  • Request for payment suspension

    More than 5 years have passed since the last repayment date.
    However, about half a year from the date of final repayment, they had negotiated “Please wait a little more” and recorded data remained.

  • Indication of repayment intention

    When I received a postcard from a debt collection company and contacted me, I was told, “Because the arrearages will be reduced to 0 yen, please pay back only the principal amount,” and told your intention to repay “You can pay back 10,000 yen each month.”

Creditors will often reimburse for the purpose of obtaining debt approval prior to making a legal request.

That’s because it allows you to reset your statute of limitations without the time and fees involved in making a court case request.

The most important point is that “if there is an approval of debt after the expiration of the internment period, suspension of the internment is permitted . “

This is called the loss of the right to limit prejudice.

Those who meet the conditions for the prescription activation have the right to invoke the prescription.

However, even after the expiration of the prescription period, if you approve the debt without the adoption of the prescription, you will lose the right to the prescription.

In some cases, the loss of the right to support the prescription is difficult to accept or reject, and the decision is left to the court.

  • The debtor knew the completion of the prescription and paid a part
  • Debtors have partially reimbursed without knowing the completion of the prescription
    • I did not know the prescription, but I could see the intention to pay in the future
    • I did not know the prescription, but I paid some because I was asked on the spot

    ※ Judgment depends on the case

It is recommended that you receive a detention letter from a debt collection company, even if the period of limitation has already passed, in order to obtain the approval of the debt, so we recommend that you consult a specialist without getting in touch easily. .

Two tasks that the debtor does to invoke the prescription

Summarizing the contents up to this point, there are the following three conditions that can be used for aging.

  • Debt period specified in the Civil Code has passed
  • No claims have been made by the creditors
  • I have never “approved for debt”

If you intend to use the prescription, let’s first check if these conditions apply and then act.

Here are two things the debtor should do in order to actually use the prescription.

Aging is not automatically applied once the aging period has passed.

First, you can make a request for disclosure of transaction history to a creditor, and then post an extinctive prescription notification and notify the intention to support the prescription.

Let’s take a closer look at these steps.

Disclosure of Debt Contract Content and Transaction History to Know the Aging Completion Date

Disclosure of Debt Contract Content and Transaction History to Know the Aging Completion Date

In order to accurately know the completion date of prescription, you must request the creditor to disclose the transaction history .

The transaction history describes the contract details and repayment history of the debt, etc., and it is possible to confirm the final repayment date.

Requests for transaction history disclosure can be made orally, such as by telephone, but when viewed from the creditors side, there are only disadvantages such as the use of prescriptions, overpayments and personal bankruptcy.

In order to make sure that you respond to this request, send a transaction history disclosure request by content certification mail.

 

Based on the transaction history disclosed by billing, you can accurately grasp the date of completion of aging.

If this date is known, then we will check if there were any suspended matters such as “judicial request” or “approval of debt”.

Mail an extinctive prescription-acquisition notice to a creditor in order to indicate a prescription-supplemented intention

 

There is an essential item in the notification letter for the extinct prescription.

  • Content identification of bond

    Borrowing date, amount of borrowing, contract number, borrower’s name (furigana), date of birth

  • Completion of the prescription

    The wording “prescription complete” is required

  • Intention to use prescription

    Declare “we will use the prescription”

  • Sender’s contact date

    Clarification of who declared when to use

  • It is stated that there is no recognition as a bond

When the extinctive prescription notification is sent to you, your obligation to repay the debt will cease.

Creditors who have received the extinct time limit activation notification will return a bond waiver and a contract, but it seems that some vendors have no particular response.

However, even after careful confirmation until now, the conditions for establishing the statute have not been satisfied, or the word necessary for notification has been missed, etc., and the notification of incorporation itself is regarded as approval of debt, and the progress of statute is reset There are also the worst patterns, so be careful when making your own prescription.

By the way, the intention to use the prescription is accepted even if it is given orally.

However, as there is a concern that you can take a watering theory of “do not say what you say,” or take a debt approval before giving it, let’s send a notification of incorporation assistance by content proof mail.

Consult with a lawyer, a judicial scrivener, an administrative scrivener if you want the debt to be used for a definite period of time

Even if you actually want to use the prescription, many people may not be able to do it because of various concerns.

“We can not say that the aging period has definitely passed since we took over debt.”

“Because creditors do not know where to move, they may have been notified and received court rulings without notice.”

“I received a notice from a debt collection company suddenly, but I am not sure if I still have a repayment obligation. If I get in touch with you, I’m afraid I will approve my debt.”

“I am concerned that I can write an extinctive prescription notification correctly.”

There are many difficult tasks for individuals to use debt aging.

In such a case, please consult a specialist who will apply for the prescription on behalf of you.

The table below summarizes the industry, content and expenses that can be represented by agents.

Industry Substitutable content Prescription support costs
Administrative scrivener Only documents can be written.
※ You can not proxy other than that
10,000 to 20,000 yen
Judicial scrivener Acting on the same date for debts of ¥ 1,400,000 or less.
You can create and mail a notice of support for prescription in the name of a judicial scrivener, and you can also search for completion of prescription and interact with a creditor.

If it has developed into a lawsuit with a creditor, there is a proxy right up to the simple trial.

※ About self-bankruptcy and personal reproduction, only document making agency right

30,000-40,000 yen if one company
If there are two or more companies, 20,000 to 30,000 per company
lawyer Be able to represent the work required for all prepayments.
It is possible to cope with the failure to use the prepayment, resulting in debt consolidation, personal bankruptcy, etc.
30,000 to 80,000 yen

※ The amount of money varies depending on the content and lawyer requested

In this way, the cost for the incorporation of prescriptions is not so high at tens of thousands of yen.

If there are several debts, or if there are concerns about the suspension of the prescription period, you may be able to apply the prescription smoothly by asking such an expert.

If you are wondering which to choose, an administrative scrivener, a judicial scrivener, or a lawyer, please use as a guide whether the following conditions apply.

Administrative scrivener If the conditions for completion of aging are in place and completed by sending notification only
Judicial scrivener
  • The total amount of debt is less than 1.4 million yen
  • It is unclear whether the prescription is established if the transaction history is not disclosed to the creditor
  • It may have been requested for trial
  • If the use of prejudice fails, we do not think about personal bankruptcy and personal revitalization and want to arrange arbitrarily
lawyer
  • Total debt is over 1.4 million
  • It is unclear whether the prescription is established if the transaction history is not disclosed to the creditor
  • It may have been requested for trial
  • In the case of failure to use prejudice, we are also looking at self-bankruptcy and personal regeneration

You can not beat past debts.

However, it is recognized as a legitimate right of the debtor to carry out the debt statute of limitations.

If you are in trouble due to past debt, or if you are in trouble without a future prospect, the debt may be a prescription.

Even if you know the 10-year extension of the prescription period without knowing, there are experts who can consult on the debt reduction.

How about clearing the past you want to back up and taking a step towards a bright future?

Consultation of debt-based prescription aid to Avance Legal Office

 

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