Ohara & Furukawa, Author at Ohara & Furukawa

February 24, 2016

Is there a way to force a debtor to pay off a debt?

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.

February 24, 2016

Is there a way to force a debtor to pay back a debt by selling his or her property?

Compulsory execution to forcibly collect a debt in Japan can be used either directly against the debtor and his or her assets, or in certain circumstances, against the debtor’s successor in interest or someone who has taken on the responsibilities of the debtor such as a guarantor.

February 24, 2016

Is there any way to prevent a debtor from using up all of his or her assets before he or she pays back the debt?

Seizing a debtor’s property through compulsory execution can be one of the most efficient ways to collect on a debt that the debtor otherwise does not have the cash assets or willingness to pay.

February 24, 2016

Is there a way to enforce a US money judgment in Japan?

One of the ways to enforce a debt in Japan is to prove the debtor’s liability with a foreign court judgment establishing the debt. However, in many of these cases the transaction that gave rise to the debt often occurred in a foreign country. In such circumstances the foreign payment order should be enforced in the court with jurisdiction over where the debtor lives in Japan or where the debtor owns property in Japan. Although getting recognition of a foreign debt is a relatively simple process, the foreign judgment will still have to meet the requirements to be enforced under […]