Can a Claim Be Recovered Without a Contract or Written Evidence? | Proving Your Case in Japan

The belief that no claim can be made because no contract was drawn up is not necessarily correct. Civil proceedings in Japan do not turn on the presence or absence of a single document; the court’s finding is built from an accumulation of indirect facts.

Contents

1. Materials that can serve as proof
2. A transfer record alone is not enough
3. Investigative tools available to a lawyer
4. Conclusion
How to contact us

1. Materials that can serve as proof

Bank transfer records (showing that money changed hands, in what amount and when)
Entries in accounting books and the general ledger
Quotations, purchase orders, delivery notes and invoices
Email and messaging correspondence
Minutes of meetings and internal memoranda
Part payment (which constitutes an acknowledgement of the debt)
Written statements from third parties

2. A transfer record alone is not enough

The fact of a transfer does not by itself establish that the money was lent. The other party may contend that it was a gift, a capital contribution, or the discharge of an existing obligation. Material showing a promise of repayment, or showing how the payment was treated in the accounts, should therefore be assembled alongside the transfer record.

3. Investigative tools available to a lawyer

Under Article 23-2 of the Attorney Act of Japan, a lawyer may, through the bar association, make enquiries of public and private bodies. What can be obtained varies with the body approached, but the procedure is often of assistance in locating the other party and establishing its trading position and certain assets.

4. Conclusion

You are welcome to consult us before assembling any documents. We will identify which materials matter and where they can be obtained.

How to contact us

Telephone 03-6435-8418 within Japan, or +81-3-6435-8418 from overseas. Lines are open from 08:00 to 24:00 Japan time, including Saturdays, Sundays and public holidays. Enquiries are also received at any hour through the form on this site.

M&A Partners Law Office LPC　Katsuhiro Tsuchiya, Representative Attorney-at-Law (Tokyo Bar Association, Registration No. 26775)　17F Mori Trust Shiroyama Trust Tower, 4-3-1 Toranomon, Minato-ku, Tokyo, Japan

This article is a general explanation based on the laws and practice of Japan as at August 2026 (Reiwa 8). The outcome of any particular matter depends on its own facts, and no specific result is guaranteed.

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