foreign debt

June 21, 2022

Enforce a Foreign Judgment in Japan

In many cases, it is possible to enforce a foreign judgment in Japan, however, Japanese courts will only 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.
June 14, 2022

Venue for Debt Collection in Japan

District courts in Japan have jurisdiction to hear foreign debt collection cases in Japan but it is important to consider the correct venue for debt collection in Japan.
May 26, 2017

Is it important to set an installment payment schedule with a debtor?

Establishing a payment plan with a debtor has several advantages.  First, by breaking up a larger payment into smaller installments, it allows the debtor to make more realistic payments and removes the temptation to stop payment because the value of the debt is too high to pay off entirely.  Additionally, being able to show that a debtor has may progress in making installment payments toward the full value of the debt can be used as strong evidence in court that the debtor acknowledges the full value of the debt and has promised to pay.
March 29, 2017

Is it necessary to have a foreign judgment before collecting a debt in Japan?

Having a judgment against a debtor is one of the most solid pieces of evidence of a debt that a creditor can produce.  However, obtaining a judgment against a debtor can often be a time consuming and expensive process, regardless of where the lawsuit was filed.  Therefore, it sometimes is more efficient for the creditor simply to attempt to enforce the debt without first obtaining a court judgment.