FAQ

December 23, 2016

Does a wife have the responsibility to pay off a debt that her husband created?

Married couples in Japan are responsible for sharing expenses related to the marriage.  Specifically, if one spouse signs a contract with a third party regarding everyday household matters (such as a cleaning service) then the other spouse will also be a responsible party under this contract unless there is prior notice given that he or she will not assume any liability under the agreement. However, this sharing of costs for household necessities and daily expenses does not extend to liability incurred in other areas not related to the marriage.  For example, barring some special circumstance, a wife will not be […]
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.