- Debt Problem
Do you have any of the following problems with repayment of your debt?
- Difficult to repay debts due to delays in repayment
- I want to organize my debts and start a new life.
- I want to sort out my debts, but I don't want anyone around me to know of my situation.
- I have a strong desire to return, but I have a tight schedule.
- I want to know if there is a way to dispose of my debts without losing my own house.
- I want to know if I've paid an overpayment on my consumer loans.
- I would like to claim a refund of the overpaid interest.
Depending on the situation, how to deal with the debt problem depends on which choice should be made.There are four ways to cope with.
Four ways to solve the debt problem
In order to solve the debt problem, it is necessary to properly understand the situation of the individual.
Without collecting accurate information on not only the amount of debts but also information on when it was borrowed, owned property, monthly income, and how much it was used, it is impossible to properly control debts.
Since Haruka Law Office have experienced lawyers who are knowledgeable about debt issues, we will analyze the client's situation comprehensively and propose the best solution.
Claim for refund of overpayment
If you borrow money from moneylenders, you will pay the principal of the amount you borrowed and interest corresponding to that amount.
The interest rate is set by the Interest Rate Restriction Act at the statutory interest rate (15% to 20%).
However, in addition to the fact that there was no penalty in the past even if the statutory interest rate was exceeded, another law called the Capital Subscription Act provided that the maximum interest rate was 29.2%.
It was not uncommon for moneylenders to earn interest in excess of the statutory interest rate under the Interest Rate Restriction Act.
An overpayment with the upper limit of interest (gray-zone interest rate) is called an overpayment, and the overpayment can be claimed back.
Voluntary liquidation
Voluntary liquidation is a procedure to repay only the amount originally borrowed over three to five years in installments by exempting the interest portion and interest burden arising from the borrowing.
The principal amount borrowed itself will not be reduced at all, so it is not expected to have a significant effect in a case where the loan was borrowed at a low interest rate.
In other words, this procedure is effective in cases where a large amount of debt was borrowed at a high interest rate.
A feature of the voluntary liquidation process is that it can be applied to the financial institutions you choose, and you can choose to keep your car loan or mortgage (remove it from the voluntary liquidation process).
Debt settlement
Unlike Voluntary liquidation, Debt settlement for individuals is a procedure to reduce to one-fifth to one-tenth of the the principal of the debt.
It is a petition to the court and it is necessary to get an acknowledgement that continuous repayment is very difficult.
In principle, the repayment will be made over a period of three years and at most five years, if special circumstances are taken into account.
It is possible to keep the house with the loan intact, but the car with the loan has to be given away.
Self-bankruptcy
Self-bankruptcy is a procedure in which the courts admit that debts cannot be repaid.
In the event of Self-bankruptcy, you can write off any debts you have made up except for taxes.
However, cash in excess of \990,000, household goods,home appliances, cars, insurance and owned house worth more than \200,000 will be lost.
This is a system that helps people resume their lives as a last remedy when there is no other means to do so.
Six Benefits of Consulting with Our Office
We have a great deal of experience in resolving our debt problems.
By successfully incorporating the know-how to solve a number of issues, we have established a support system that enables those who are worried about the debt problem.
The following six benefits can be obtained by consulting with our office.
① Stop reminders and repayments as soon as possible.
If you ask a lawyer to arrange a debt, we will represent you.
This fact is notified to each Money Lender (sending acceptance notice) and the collection and repayment of money will be stopped.
This office will be able to provide immediate support from the date of the contract.
② Release from Borrowing Hell by Reducing Principal
When debt consolidation is implemented,the interest portion will be fully cut even if the "Voluntary liquidation", the lowest debit reduction in the procedure, is selected.
For this reason, you will be relieved from "unpredictable debt hell," where even monthly repayments will not reduce the principal.From a moneylender's point of view, "Voluntary liquidation" is a more compromising condition than "self-bankruptcy" where no full recovery is expected, so there is little chance that negotiations will break down.
③ Bargaining power to exploit favorable conditions
In Voluntary liquidation, negotiations between the lender and the lawyer take place.
Negotiations, such as cutting interest and extending the repayment period, will change the extent to which moneylenders will accept money depending on the circumstances.
By securing a more relaxed payment commitment, we will support the life of the client.
④ Can be handled without money now
I don't have any money on hand, so I don't know if I can request my debt consolidation.
Attorneys' fees can be paid in arrears or in installments.
Please be assured that we will be able to offer you something that will allow you to repay your debt and legal fees after debt consolidation without difficulty.
⑤ Debt reduction can be estimated in advance
By estimating how much debt can be reduced, you can decide whether to proceed.
We can estimate free of charge how much we can reduce.
⑥ Can offer free consultation
Consultations with lawyers generally seem to have a high threshold, but you can get free consultations at our office.
We can advise the fee of resolving the problem you are facing in advance.
What is the difference between a lawyer and a judicial scrivener?
A judicial scrivener may also conduct conditional Claim for overpayment negotiations or be a counsel.
However, there are limits to the scope and types of claims that he/she can handled.
In the case of Voluntary liquidation, only procedures can be carried out when the amount of each claim is 1.4 million yen or less on a case-by-case basis.
In addition, in Debt settlement for individuals or bankruptcy proceedings, he/she cannot file a petition in court as your representative, but he/she can only support the petition as a "document drafting representative."
In this way, the extent to which he/she can handle debt restructuring is narrower than that of lawyers. Therefore, if you want to solve the debt problem, you may ask a lawyer who does not have restrictions on the scope of your response.
The procedure from implementing debt restructuring to stop of the reminder!
Interview with a lawyer
Please make a reservation for legal consultation by telephone or e-mail.
We will consolidate the policy of debt restructuring in the course of interviews with lawyers.
Sending of Notice of Acceptance
Once formally requested, an attorney will send a notice of acceptance to each lender.
This tells that the lawyer has become a representative.
Cessation of demand or collection of debts
When a moneylender receives a notification of acceptance, it becomes legally unable to collect debts or demand payment at that stage.
Determination of policy for resolution of debt problems
Attorneys acting as agents will receive transaction details from each creditor.
Based on this, we calculate the exact amount of debts and adjust the situation according to the person's ability to repay the debts.
We will determine specific method of settlement while listening to the wishes of the employee, and then proceed according to each method.
Completion of debt restructuring
Debt consolidation is completed by concluding a settlement with the moneylender, deciding to commence court rehabilitation proceedings, and deciding to exempt the moneylender from liability.
Don't hesitate to consult with you for free!
Your advice is provided free of charge.
Please feel free to give appropriate advice from legal experts.
Methods for Solving Borrowing Problems by Case
Those who cannot pay for this month unless they borrow a new loan
By creating new debt to repay for this month, the debt problem will not be resolved until long.
If you don't have a concrete prospect of paying back a large amount of money, please consider debt consolidation.
You may choose to cut interest, reduce your debt to about one-fifth, or, in some cases, cancel your debt in full and restart your life.
Those who are repaying debts of 1 million yen or more
If you have a debt of one million yen or more, you may be able to reduce your debt from one-fifth to one-tenth of the debt amount by Debt settlement for individuals (however, at least one million yen is left, so it is effective if you have some income).
If the repayment of debts tends to be delayed at all times
If repayment is constantly delayed, people are always forced to respond to reminders and apologize.If you live this kind of life repeatedly, you won't be able to live a peaceful life!
By selecting debt restructuring, you can stop these reminders and can think with your lawyer how to respond in a calm situation.
Those who have received a notification of a lump-sum invoice without answering a reminder call
If you continue to be unable to respond to collections or reminder calls, you may receive a bulk bill notice or other notice. This is a very dangerous situation as your bank accounts and other assets could be seized.
Please consult with an attorney as soon as possible. If you make the decision to settle your debts, we can stop collection and reminders as soon as possible. It is not possible to solve the problem only by worrying alone, please consider the choice of "relying on the professional organization" or "receiving social support".
If you think that there is no more than Self-bankruptcy
There are other ways to solve your debt problem besides "bankruptcy. Those are such as "Voluntary liquidation," that cuts only the interest part borrowed and "personal rehabilitation" that can be reduced to a certain extent, including the principal of the debt.
The most optimal means depend on your position and environment.
Please use this office's free consultation service where veteran lawyers will advise.
To those who live around Utsunomiya City and suffer from debt problems
Debt disposal is a social remedy system for such people who may have debts that are beyond his/her ability to repay, and may be living with an uncertain future for a long time without being able to pay them back even if he/she want to.
We have attorneys with extensive experience in resolving debt problems, so we can appropriately analyze your situation and propose effective solutions.
Please feel free to consult with a legal professional corporation for anyone who has a problem with debt.
