I have money that I have not been paid, and I have some questions for an attorney specializing in civil litigation regarding a lawsuit claiming the price of goods and debt collection procedures.

If you have not been paid for a long time after delivering goods, you must feel frustrated and anxious.

It is important to find a solution through negotiation with the debtor, but if the matter cannot be resolved through negotiation, then, as you mentioned, you can carry out compulsory execution of the unpaid amount through debt collection procedures.

With respect to the basic legal relationship concerning the claim for the price of goods, it is advisable to secure materials to be used as evidence, such as the contract, the counterparty's personal details, personal or real security that can guarantee the recovery of the payment in the event that it cannot be recovered, and a notarial deed.

In addition, among the legal measures taken to recover unpaid money, that is, the price of goods and debt collection, there are preservative measures, namely provisional attachment and provisional injunction procedures.

By tying up the assets of a debtor who does not repay, it is necessary to proceed with a provisional attachment on real estate if you know the details of the real estate, or a provisional attachment on the relevant account if you know the debtor's main bank account.

At this point, a civil lawsuit against the debtor (a lawsuit claiming the price of goods) must also necessarily be pursued.

You must secure supporting evidence to prove this, such as a goods supply contract in which the payment terms are clearly specified, transaction records, a goods supply invoice to establish the fact that payment is being delayed even though the supply has been completed, and a certificate of shipment.

These legal procedures are complex and require various types of legal knowledge.

A lawsuit claiming the price of goods is subject to a three-year extinctive prescription of the right to claim, so you must be sure to check whether that period has elapsed.

For this reason, it is difficult to proceed on your own, and we encourage you to carry out the debt collection procedures with strategies such as applications for provisional attachment and provisional injunction, applications for preservative measures, and the sending of certified content-proof mail, through the legal assistance of an attorney specializing in civil litigation.

Our firm's attorneys specializing in civil litigation for debt collection assist clients who have not been paid for the price of goods by reviewing the contract, checking whether the extinctive prescription has elapsed and the manner of the transactions, providing assistance with proving and calculating the amount claimed, and, where necessary, collecting evidence relating to the litigation through collaboration with experts in the examination of evidence.