FAQ Archives - Ohara & Furukawa

June 28, 2022

Wage Garnishment in Japan

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay. In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages. The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied.

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.

January 12, 2018

Contract Termination and Bankruptcy in Japan

Contract termination and bankruptcy in Japan is a concern that many contracting parties face. A company contracted to perform an obligation for another company that enters bankruptcy usually has the option to unilaterally cancel the contract. Since the bankrupt company may not be able to pay the contracting company for the work it completes, it would be unfair to keep the contractor strictly bound to the terms of the agreement.