News & Blog

February 24, 2016

Is there any way to prevent a debtor from using up all of his or her assets before he or she pays back the debt?

Seizing a debtor’s property through compulsory execution can be one of the most efficient ways to collect on a debt that the debtor otherwise does not have the cash assets or willingness to pay.
February 24, 2016

Is there a way to enforce a US money judgment in Japan?

One of the ways to enforce a debt in Japan is to prove the debtor’s liability with a foreign court judgment establishing the debt. However, in many of these cases the transaction that gave rise to the debt often occurred in a foreign country. In such circumstances the foreign payment order should be enforced in the court with jurisdiction over where the debtor lives in Japan or where the debtor owns property in Japan. Although getting recognition of a foreign debt is a relatively simple process, the foreign judgment will still have to meet the requirements to be enforced under […]
February 24, 2016

What conditions must a foreign judgment meet to be enforceable in Japan?

Japanese courts will recognize a final foreign judgment and enforce it in Japan if it meets certain conditions. First, the judgment must have been ordered by a court with proper jurisdiction and proper service must have been given to the defendant. Second, the judgment must not be contrary to public policy in Japan. Finally, a Japanese court will be reluctant to enforce a foreign judgment if the foreign country does not recognize Japanese court judgments in return.
February 24, 2016

Are there any protections to prevent organized crime from participating in debt collection?

Traditionally, Japanese debt collection has been a commercial sector dominated by organized crime. Many debt collection agencies were associated with, or run by, the Japanese mafia.