Where a debtor does not abide by a judgment, you will have to enforce it against the debtor’s assets. However, if you cannot spot their assets, a judgment can be no more than a piece of paper. This often happens where a debtor is a dummy company.
We have several means to locate debtors’ assets, some of which are only available with judicial intervention.
1. Real property search
While the real property registry database at the Legal Affair Bureau does not enable us to search based on name, we can do so through our membership at a private search company.
2. Bar association inquiries (bengoshikai shokai)
We are allowed to request third parties (e.g. a bank) to disclose information through the Bar Association. While this request is not legally binding, we have a successful record of obtaining information leading to the debtor’s assets.
1. Search order
There are several types of search order available at the court. Generally, however, a search order will be made to collect or preserve evidence for the trial, and this cannot be used for the sole purpose of spotting the debtor’s assets.
2. Obtaining information from the judgment debtor
We can make an application to a court to order the judgment debtor to disclose their assets. If they make a false statement, they will be subject to imprisonment for six months or less, or to a fine of ¥500,000 or less.
3. Obtaining information from third parties
We can further apply to the court to order third parties (e.g. a bank, a local government) to disclose information about the judgment debtor’s assets.
- Company credit report (via Teikoku Databank and/or G-Search)
- Company searches
- Residential address/legal domicile searches
For any queries, please complete our online form or contact us on +81 (0)92 287 4640.