We can help recover what’s yours
We are proud of our record on aggressively pursuing collection of all types of debts and outstanding obligations in Japan. No matter what type of debt, or where it was undertaken, our office strives to use every tool available to recover the funds, from demand letters to settlement talks to compulsory execution of a debt through garnishment of wages.
Depending on the circumstances and type of debt, our offices may be able to work on a contingency fee basis, only collecting a fee if we are able to enforce payment of your debt. If you have an outstanding credit owed to you from someone in Japan, please don’t hesitate to contact our office to help you collect what you are owed.
With you every step of the way
Our office has extensive experience in handling every aspect of the collection of a liability or enforcement of a legal obligation in Japan, from initial research into the location of the debtor to enforcing a payment order obtained from a Japanese court. We also have experience with handling foreign payment orders and foreign judgements for debtors residing in Japan.
We are serious in protecting our clients’ interests and are able to pursue all legal avenues to recover what they are owed. This includes going to court and obtaining a payment order and using a compulsory execution of the debt to ensure a speedy repayment of the debt.
Sometimes, when a debtor is not responsive to other methods, the best option is to go to court to obtain a payment order. This payment order can be used to force compulsory execution of the debt and garnishment of the debtor’s wages or confiscation of the debtor’s property. This remedy is the strongest and most straightforward way to ensure that a debtor repays his or her loan.
Furthermore, while other debt collection agencies are not able to appear in court on behalf of a client, our team of attorneys is able to litigate debt collection cases in a quick and efficient manner, exerting the maximum amount of pressure on a delinquent debtor to ensure speedy repayment of the debt.
Even in cases where a payment order and compulsory execution are not necessary to forcibly ensure repayment of the debt, often the threat of legal action can convince the debtor to make the required payments.
After successfully litigating a debt in Japanese court, an attorney may ask the court to issue an order for compulsory execution. Compulsory execution can be used to directly reach the debtor’s wages, bank accounts or physical assets (such as real property, vehicles or even personal property) to use as payment for the debt. In some cases the order can also reach the assets of the debtor’s successor or guarantor.
To ensure that the debtor’s assets are not sold or used up before they can be distributed to the creditor, courts will issue restraining orders to prevent misuse by the debtor.
Unlike many other debt collection services staffed by non-lawyers, our legal team has the qualifications and experience to get a foreign payment order recognized in by a Japanese court of law, enabling us to pursue a compulsory execution order based upon the foreign judgment to garnish the debtor’s wages. If you have a court judgment or payment order from your home country, please come see us to find out how you can enforce it in Japan.
Requirements to Enforce a Foreign Judgment in Japan
In general, there are three requirements to enforce a foreign judgment in Japan. The first requirement is that the judgment was granted by a court with proper jurisdiction over the matter and over the defendant. Basically, this requirement ensures that the judgment was granted fairly. If the defendant was not given proper notice of the case, then the judgment cannot be said to have been fair. Second, the judgment cannot be against public policy in Japan. This requirement is less clear-cut, but one example of a judgment that may not be fully enforceable in Japan is a judgment for excessive damages that would not normally be allowed under Japanese law.
Finally, Japanese courts will be reluctant to enforce a judgment from a country that refuses to recognize Japanese judgments in return.
If you would like our assistance collecting debts and/or outstanding obligations in Japan, please don’t hesitate to contact our office.