Resources to find solutions to everyday problems

[Question]I bought an electrical appliance at a home-electrical retail store with a one-year warranty. It stopped working properly under normal use so I took it to the store and asked for a warranty repair but I was charged for the repair. What should I do?

[Answer]

 Businesses will typically repair their products at no cost to the consumer during their product warranty period. The length of coverage varies depending on the type of business and products purchased. The warranty deed spells out when and what is covered and mostly limits its coverage to defects which arise as a result of normal use of the product.  Therefore in your case you can expect to have your product repaired free of charge during its warranty period. You may even ask for replacement with a new one for free if the product has recently been purchased. If you are not satisfied with the explanation given by business operators, you can check with your local Consumer Center for advice. Please take along someone who can speak Japanese since no foreign language assistance is provided. The Consumer Center is a public organization responsible for responding to consumer inquiries and complains about products and services.

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[Question]I moved out my apartment unit. The landlord demanded I pay additional expenses to cover the cost to repair holes in fusuma sliding doors. Should I pay?

[Answer]

As a tenant, you are obliged to restore the property to its initial conditions, except for normal wear and tear, before you leave the rental property. A tenant is essentially responsible to and may be required to compensate the landlord for any damage arising from his or her own negligence. The Ministry of Land, Infrastructure, Transport and Tourism has released a guideline to define and give general guidance to rental housing issues involving tenancy’s obligation to restore the property to its original conditions at the time of terminating the release contract.
The portion of the deposit tenants usually pay at the time of signing a rental contract is deducted to cover the cost of repair when vacating the property. If the deposit is not enough to cover the damages, additional expenses may be requested by your landlord.  If you feel the additional expenses exorbitant, you may want to ask your landlord to produce an estimate of the repair work to check on your own. If you are still not totally convinced, you can get free legal consultation at your municipal office to get a good idea about where you stand on this matter and accordingly take this case to arbitration sessions at a Summary Court.

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[Question]I’ve got so deep into credit card debt that I cannot possibly pay back. Where can I get some advice?

[Answer]

If you wish to reorganize your debts, you can consult with the following agencies. Please bring along someone who speaks Japanese for credit counseling and debt management.  

Credit consultation by Osaka Prefectural Government  06-6941-0837
Osaka Bar Association 06-6364-1248 (9:15 a.m. to 8 p.m. )

If you are faced with mounting debt load, there are several options available to reorganize your debts, but it is always a good idea to talk with lawyers or legal scriveners when you need to take actual proceedings.  

You can negotiate with your creditors directly (nin-i-seiri), instead of going through court procedure. Your lawyer can negotiate with your creditors or collection agencies for agreed upon terms of repayment plan – repayment amount, period, interest rate and method.

You can file for personal rehabilitation (kojin saisei) with a court to be able to pay part of your debts while the remaining debt is canceled. Typically, the part of the debts must be repaid within three years after filing for rehabilitation procedures. This system is only available to salary earners and self-employed, and not to unemployed or full-time housewives, since you must have a reliable source of income to ensure you can follow a repayment schedule.

Foreigners can also file for bankruptcy. You can file for personal bankruptcy (jiko hasan) to eliminate your debts but at the same time your property and assets that are not exempt under the bankruptcy law will be liquidated to pay back some portion of your debts. If you have no property, however, your debts will be discharged right after you file for personal bankruptcy by obtaining a court ruling granting simultaneous abolition of bankruptcy.

Summary Court-assisted debt restructuringarbitration(tokutei chotei) can help you and your creditors reach an agreement over terms of repayment through arbitration sessions with mediators.


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[Question]I lent money to my friend from the same country, but haven’t yet been paid back. How can I get my money back?

[Answer]

Collecting personal debts is usually done through civil avenue. Even if you don’t have a written statement from you friend, you can still force him to pay back as long as he promises you to return the money. If he does not seem to be willing to pay back, you might want to send a content-certified mail, expressing your intention of demanding repayment. If that does not result in payment, however, you can explore various court-assisted recourses depending on the situation, including “demand for payment”(shiharai tokusoku), “small claim lawsuit”(shogaku sosho), ”arbitration”(chotei),  and “pre-lawsuit settlement”(uttae teikimae no wakai). Even after you win a lawsuit, you still have to collect your judgment since the court won’t collect the money you were awarded, on your behalf. If your friend won’t pay you, you can ask for compulsory execution whereby a debtor’s property is seized by a court enforcement officer. Since this process costs money, it is imperative to make sure before your lawsuit that he is solvent and you can collect your judgment.  Summary Court

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[Question]I want to consult a lawyer to start divorce proceedings, but I cannot afford to pay his fee. Can I obtain a loan of the fee?

[Answer]

You can tap into the civil legal aid system if you seek judicial solution in family affairs, such as divorce, and civil affairs. This system is designed to ensure the right to access to the courts for those who have a good prospect of winning the lawsuit but cannot do so due to financial difficulty. Under this system, you get free legal consultation, referral to lawyers and legal scriveners, temporal payment of legal fee for you, as well as representation in court and preparation of documents.  Since legal aid is for people who have limited means, you need to produce evidence showing your income is below a certain amount, to be qualified for the system. Foreigners staying in Japan legally can take advantage of the system.  For more information on legal aid, please refer to Japan Legal Support Center

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[Question]I am discriminated based on my nationality. Where can I get human rights consultation?

[Answer]

Consultations on human rights abuse are provided in several languages at the following sites in Osaka.

Osaka Legal Affairs Bureau: First and third Wednesdays of the month from 1 p.m. to 4 p.m. in English
Every Wednesday from 1 p.m. to 4 p.m. in Chinese

                 06-6942-9496

Osaka Bar Association:   Second and fourth Fridays of the month from 12 p.m. to 5 p.m. in English, Chinese and Korean.  06-6364-6251

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[Question]Where can I have my diploma from my Japanese university notarized for the validation purpose at home.

[Answer]

The Homepage hosted by the Ministry of Foreign Affair (MOFA) explains the procedures as follows.

When you travel abroad to study, marry or work, you may need to submit your diploma, certificate of eligibility to contract marriage, copy of family registry or health examination certificate to relevant overseas organizations. Some of those organizations request such documents to be authenticated by their Consul stationed in Japan.  To have them authenticated by the Consul of a foreign government, you have to have MOFA’s authentication first for the documents you are requested to submit. As for documents issued by governmental or semi-governmental bodies including incorporated administrative agencies and special public corporations, the MOFA authenticate official seals of such documents in a procedure called “Koin Kakunin.”  When it comes to private documents, you need to have your documents notarized by a notary public first and then obtain the official seal of the Director of Legal Affairs Bureau that appoints the notary public. The MOFA can attest that the seal of the Director is genuine. The MOFA’s authentication is a prerequisite formality for consular authentication. Be sure to have your document authenticated by a consul in Japan before you submit documents to the relevant authorities abroad.

Certification Section, Consular Service Division, Ministry of Foreign Affairs
2-2-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8919   Tel:
03-3580-3311
Osaka Liaison Office, Ministry of Foreign Affairs
2-1-22 Otemae, Chuo-ku, Osaka, 540-0008         Tel: 06-6941-4700

Osaka Liaison Office
Application 9:15 to 12, 14:00 to 16:00
Receipt 9:00 to 12:15, 13:15 to 17:00 (the following day of your application or afterward)

 

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