compulsory execution

In many cases, the largest obstacle to collecting a debt is simply that the debtor does not have the money to pay.  Therefore, even after obtaining a judgment and filing for compulsory execution, if the debtor doesn’t have money to pay the debt, there is little hope of a full recovery.  In situations where it seems that the debtor simply does not have enough money to satisfy a debt, it may be more cost effective to approach the matter through negotiation. 

Compulsory execution is a powerful tool for creditors to recover assets from debtors who refuse to pay off their debt.  However, as compulsory execution is based upon the power of a Japanese court of law, it is also limited by that same court’s power.  Therefore, assets outside of the court’s jurisdiction will not be able to be reached by compulsory execution.

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.

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.