Provisional attachment (kari sashiosae) is an interim remedy available to secure the enforcement of a monetary judgment. This order prevents the debtor from disposing of its assets, such as the debtor’s bank account.
Even if you have obtained a winning judgment against the debtor, you cannot enforce the judgment if the debtor conceals its assets or absconds with the money. This shows why provisional attachment is required in a certain circumstance.
In practice, a provisional attachment puts pressure on the debtor to seek a settlement even before the main proceedings are issued. For example, if the debtor’s bank account is attached, the debtor could face several penalties on its banking transactions with the bank.
A provisional attachment may be obtained before the main proceedings are issued. The court orders provisional attachment without prior notice to the respondent (if notice was given to the respondent of such an application, the respondent could transfer his assets before an order is made).
The court grants provisional attachment if the applicant has demonstrated the applicant’s rights and the necessity of the provisional attachment. A provisional attachment order can be obtained within a week if the applicant has submitted sufficient evidence in good time.
Security deposit and court fees
The court requires the applicant to deposit security money to protect the respondent from irresponsible action. The security deposit generally amounts to 20-30% of the amount in dispute. For example, if the amount of the monetary claim is ¥10 million, the court is likely to require ¥2-3 million as security.
The court filing fee is ¥2,000, and the postal expense is around ¥3,000.
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