compulsory execution

In Japan, compulsory execution is divided into two general categories, compulsory execution of a pecuniary claim and compulsory execution of a non-pecuniary claim. 

When someone owes a tax burden in Japan, the government will first issue a series of warning letters.  If the debtor ignores these letters and continues to neglect payment, the tax authorities will issue another warning letter stating that, if payment is not made, they will forcibly collect the debt through compulsory execution. At this point, if the debtor still does not pay, the government can claim his or her assets in Japan through compulsory execution.  These assets can include bank accounts or real property in Japan.

There are certain ways to stay an order of compulsory execution and prevent your property from being seized immediately.  Most of them involve a court order stating that compulsory execution is not permitted against the property in question for one of several legal reasons.  Authenticated civil records, settlement agreements or other documents that state that compulsory execution is not to be carried out against the property also result in a stay of compulsory execution. 

Depending on the size of the debt, fully paying a debt off through a compulsory execution order can take a long time.  If the debtor’s salary is small or there are few assets available to pay the debt, the monthly payments may be relatively small.  Therefore, there is a risk that the creditor may pass away, either from an accident, sickness or old age, before the debt can be completely paid.  However, even in these cases, the debtor is not relieved of his or her duty to pay.