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  • fuckedgaijin ‹ General ‹ Gaijin Ghetto

CLAIMER: Anyone ever file suit vs. J-company?

Groovin' in the Gaijin Gulag
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CLAIMER: Anyone ever file suit vs. J-company?

Postby Skankster » Wed Aug 25, 2004 12:25 pm

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Does anyone have any experience in filing claims or filing suit vrs. a Japanese company?

I have a recent incedent I cannot reveal here regarding a large companies service wing that I need to file a claim about.

Anyone have hints/experience?

I am thinking on going the naiyou shoumei route...




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Postby amdg » Wed Aug 25, 2004 1:04 pm

Is it a claim for a monetary loss or breach of contract?

I recommend you explore all other options of mediation before taking the costly step of going to the courts. If it is clearly 100% the J company's fault then you may get relief, otherwise if its more like 80% - 20% then the courts will probably force a mediation leading to a compromise.
Plus, whatever happens you shouldn't expect a nice damages payout (like in the US), because they don't recognise those kind of punitive or treble damages.
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Re: CLAIMER: Anyone ever file a claim (file suit) vrs J-comp

Postby Captain Japan » Wed Aug 25, 2004 2:46 pm

Skankster wrote:Does anyone have any experience in filing claims or filing suit vrs. a Japanese company?

I have a recent incedent I cannot reveal here regarding a large companies service wing that I need to file a claim about.

Anyone have hints/experience?


A recent issue of the American Chamber of Commerce Japan magazine had an excellent recount of a foreigner going through the Japanese courts to receive owed money from a Japanese company. They don't have their articles online. But the issue was from within the last 3 months.
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Re: CLAIMER: Anyone ever file a claim (file suit) vrs J-comp

Postby gomichild » Wed Aug 25, 2004 3:32 pm

Captain Japan wrote: They don't have their articles online.


Erm yes they do have their articles online - http://www.accj.or.jp/content/offerings/pub/journal

In fact 2 years of journal articles are there - I should know because I put them there :D
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Re: CLAIMER: Anyone ever file a claim (file suit) vrs J-comp

Postby Captain Japan » Wed Aug 25, 2004 3:37 pm

gomichild wrote:
Captain Japan wrote: They don't have their articles online.


Erm yes they do have their articles online - http://www.accj.or.jp/content/offerings/pub/journal

In fact 2 years of journal articles are there - I should know because I put them there :D


Whoops. Ok, here is the one I was talking about

http://www.accj.or.jp/document_library/Journal/06feature4jul04.pdf
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Re: CLAIMER: Anyone ever file a claim (file suit) vrs J-comp

Postby Taro Toporific » Wed Aug 25, 2004 3:48 pm

Captain Japan wrote:Whoops. Ok, here is the one I was talking about
http://www.accj.or.jp/document_library/Journal/06feature4jul04.pdf


Gee, this article almost makes the process sound fun.... 8)

Pg 2, Para 4:
The small-claims award ceiling is relatively low. (As of April 2004, the cap has been raised to ¥600,000 for small claims and ¥1.4 million for r e g ular suits.) But if swift, inexpensive justice is what you are looking for nothing beats small claims. An application can be completed and submitted in only an hour or two, for fees starting at ¥1,000, roughly comparable to filing costs in Texas or California. Cases are tried about one month after the application is lodged, with judgments usually delivered on the spot at a single, brief hearing.
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Postby amdg » Wed Aug 25, 2004 4:03 pm

Very interesting article. So Skanky, if your claim is small enough and of the right type, you might consider the Summary Court. You say the claim is against a branch or division of a large company, which is good because then you're not so likely to have the same trouble with enforcement of the judgment that Ms. Craft had.
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