Debt Collection

December 29, 2016

Why is it important to negotiate a foreign debt?

Having a foreign judgment against a Japanese person or company entitles the debt’s owner to legally enforce the debt in Japan.  However, while this is the only solution in many cases, enforcing that debt can cost money and time and it may be advisable to pursue other options before filing a lawsuit.  Rather than immediately pursue legal action, usually it is beneficial to have an attorney contact the debtor and open negotiations first. 
December 12, 2016

What should a creditor be careful about when emailing a debtor?

These days, email exchanges have become ubiquitous and most business communication is now done over the internet rather than a phone line.  This change in business norms has provide a great boost for creditors attempting to enforce debts because email exchanges between creditors and debtors often provide solid evidence of the existence of a debt and the debtor’s obligation to pay.
November 18, 2016

Can compulsory execution reach assets outside of Japan?

Compulsory execution is a powerful tool for creditors to recover assets from debtors who refuse to pay off their debt.  However, as compulsory execution is based upon the power of a Japanese court of law, it is also limited by that same court’s power.  Therefore, assets outside of the court’s jurisdiction will not be able to be reached by compulsory execution.
October 31, 2016

What are some ways obtain a debtor’s address in Japan?

Having the address of a debtor in Japan is a prerequisite to filing a lawsuit against them.  Without an address, a complaint cannot be delivered to the defendant and the court will not have jurisdiction to hear the case.  Therefore, obtaining the debtor’s address is often the most critical part of enforcing a debt.  There are various ways to determine a debtor’s address but all are heavily dependent on the situation.