If a defendant owes a debt in Japan, or a foreign debt is being enforced against him, but he is unwilling to make payments, a Japanese court can grant a compulsory execution order to force the debtor to pay. This compulsory execution order can be used to enforce the debt against the debtor’s property or assets in Japan. This means that, whether the debtor wants to pay or not, his or her property can be confiscated to pay the debt.
Compulsory execution can be carried out based upon a variety of different documents establishing the existence of a debt. Some examples are: a final and binding legal judgment against the debtor, an arbitration award, a judgment of a foreign court or a notarized deed signed by the debtor accepting compulsory execution.
If you have any questions about compulsory execution in Japan, please contact our office to set up a legal consultation.