Compulsory execution to forcibly collect a debt in Japan can be used either directly against the debtor and his or her assets, or in certain circumstances, against the debtor’s successor in interest or someone who has taken on the responsibilities of the debtor such as a guarantor.
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 […]
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.