Compulsory execution allows a court to exercise control over an individual’s assets and forcibly transfer them from one party to another, providing a powerful tool to force debtors to pay off an outstanding debt. However, in situations where it is used unjustly, it can cause great harm to innocent parties. Therefore, in order to prevent this from happening, compulsory execution orders may be appealed by the defending party.
The grounds for appeal are limited, since most issues have already been covered by the time a compulsory execution order is issued, but a successful appeal will mean that the order is revoked and the defendant will be entitled to keep his or her property. Regardless of whether the appeal is successful or not, courts will usually not enforce the order until the appeal is heard in its entirety.
In cases where an appeal cannot be filed, the defendant can still file an objection to the compulsory execution. However, this will not affect whether the order is executed or not.
If you have any questions about compulsory execution in Japan, please contact our office to set up a legal consultation.