What happens to a compulsory execution order if the creditor dies?

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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. 

Upon the creditor’s death, the creditor’s heir can continue to receive payments from the debtor, just as the original creditor did.  In cases where the creditor does not have any heirs or they cannot be found, the court has the power to appoint a special agent to receive the funds for the estate of the deceased creditor.

If you have any questions about compulsory execution in Japan, please contact our office to set up a legal consultation.