過払い金の変換請求について質問です。
質問と回答
- 過払い金の変換請求について質問です。 某司法書士事務所にて無料試算して頂いたところ、20万円前後？の過払いの可能性ありと言われました。疑問点にアドバイス頂けると嬉しいです。 一時金融会社からの借り入れを繰り返し、多重債務状態でした。 過払い金の存在を知りまして、一社あたりの額、期間共に短かったこともあり、 とりあえず「どの程度のものなのか」知りたかったので、無料試算をして頂きました所、3社合計で最低で20万程度（最低ラインが10万、7万、5万程度との回答）との試算結果が出ました。 司法書士さんのお話では、あまりにも小額の場合、裁判でも何でも好きにしてくれと言ってくる業者が普通かもしれないとの事。 完済にも関わらず、裁判の手間や費用等足元を見られてゼロ和解を申し出てくる可能性が高いのではとも仰っていました。 ちなみに3社とも、3年程前の段階で完済しており、こちらとしては「1万2万でも戻ってくるなら嬉しいなぁ」というレベルではあります（現在正確な金額を出すために個人にて取引履歴の開示を請求中です）。 確かに司法書士さんや弁護士さんに間に入ってもらうとすると、報酬だけで±0、ヘタをすれば足が出る可能性もありますので、悩んでおります。 本当に小額訴訟は相手にもされないのでしょうか？ 実際に10万前後、又は10万以下の過払い請求をした方、個人でも代理人を立てた方でも構いませんので、どのような感じだったかお教え下さいませんでしょうか？ 宜しくお願い致します。 3社とはシンキ、OMC、クレディセゾンです。
- 過払い金の総額が少ないのであれば、即「共同訴訟」で提訴すべきです。 弁護士や司法書士が入ったとしても、自身が「勉強」することは必要です。 なお、少額訴訟というのは、裁判上では「６０万円まで」のことで、１社最低５万円もあるのであれば、それは個人的には大金と思います。 「本人訴訟」を勉強してみてください。コストも安く、自分で進捗を管理でき、内容を完全に把握することができます。大きなメリットです。強いてデメリットを上げるならば、日本語が分かる日本人であれば、誰でも分かる、勝てる裁判なのに、「全く勉強」しないことです。 ご参考までに。
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