enforcement

Usually parties will negotiate among themselves through email before resorting to the legal process to enforce a debt.  If these negotiations fail, often the content of these email exchanges becomes the evidence in a legal case against the debtor.  Therefore, it is important to draft emails in a way that maximizes their potential use in future litigation.

Determining whether a debtor is a real, registered company is an important first step when collecting a debt.  Many individuals who have never incorporated their business will still print business cards with a business’s name and logo in order to seem more like a reputable company.  However, searching the list of registered companies in Japan provides a quick and effective way to determine whether the debtor is a real company or just an individual pretending to own an incorporated business. 

A main concerns when enforcing a debt in Japan is that the debtor will simply remove any money from his or her bank account, hide it, and then pretend to be insolvent when the creditor tries to enforce the judgement.  In order to prevent this, the creditor can take a legal procedure to freeze any known bank accounts so the debtor cannot withdraw the funds.