Civil Enforcement Act

Judicial enforcement against a property right other than immovable property, a vessel, movables or a claim (referred to as "any other property right" in this Article) is governed by the rules of enforcement against a claim, except as otherwise provided.

The jurisdiction for judicial enforcement of any other property right whose transfer requires registration, is to be place of registration.

A seizure becomes effective against any other property right for which no third party obligor nor person equivalent there to exists, at the time when the order of seizure is served upon the obligor.

If, before the service of an order of seizure, registration of a seizure is made for any other property right for which registration is required in the case of transfer of the right, the seizure is effective at the time when the registration of the seizure is made; provided, however, that against any other property for which restriction of disposition of the right is not effective without making its registration, a seizure is effective at the time when registration of the seizure is made, even if registration of the seizure is made after the service of an order of seizure.

The provisions of Article 48, Article 54 and Article 82 apply mutatis mutandis to registration concerning judicial enforcement against any other right for which registration is required in the case of transfer of the right.

Enforcement against a monetary claim that is based on the title of obligation arising from a small claims action stated in any of the following items is carried out by the court pursuant to the provisions of the preceding Division and, notwithstanding the provisions of Article 2, is carried out by the court clerk pursuant to the provisions of this Division, upon petition:

a final and binding judgment made in a small claims action;

a small claims judgment bearing a declaration of provisional enforcement;

a disposition by a court clerk determining the amount of court costs or settlement costs being borne in a small claims action;

a record or electronic record of a settlement or acknowledgment in a small claims action; or

an order in lieu of settlement under Article 275-2, paragraph (1) of the Code of Civil Procedure in a small claims action.

The enforcement that the court clerk carries out pursuant to the provisions of the preceding paragraph (referred to as "enforcement against a claim arising from a small claims action" in this Division below) is commenced through a disposition of seizure by a court clerk.

A petition for enforcement against a claim arising from a small claims action is filed with a court clerk of the summary courts specified in the following items for the categories of the title of obligation specified by respectively in those items:

the title of obligation stated in paragraph (1), item (i):the summary court that has made the judgment referred to in the item;

the title of obligation stated in paragraph (1), item (ii):the summary court that has made the judgment referred to in the item;

the title of obligation stated in paragraph (1), item (iii):the summary court to which the court clerk who has made the disposition referred to in the item belongs;

the title of obligation stated in paragraph (1), item (iv):the summary court in which the settlement referred to in the item is concluded or the acknowledgment referred to in that item is made; or

the title of obligation stated in paragraph (1), item (v):the summary court that has issued the order in lieu of settlement referred to in the item.

The provisions of Article 144, paragraphs (3) and (4) apply mutatis mutandis to the case where another disposition of seizure has been made for the monetary claim subject to a seizure (limited to a monetary claim seized based on a disposition of seizure; the same applies in this Division). In this case, the phrase "the enforcement court that has issued the order of seizure" in paragraph (3) of that Article is deemed to be replaced with "the summary court to which the court clerk who has made the disposition of seizure belongs," the phrase "the earlier enforcement court may" in that paragraph is deemed to be replaced with "the earlier court clerk may," the phrase "the other enforcement court" in that paragraph is deemed to be replaced with "a court clerk of the other summary court," and the term "order" in paragraph (4) of that Article is deemed to be replaced with "disposition by a court clerk."

For an enforcement measure taken by a court clerk in the procedure for enforcement against a claim arising from a small claims action, the enforcement court is the summary court to which the court clerk belongs.

An enforcement measure that a court clerk takes in the procedure for enforcement against a claim arising from a small claims action becomes effective by notice of that measure being given by a method found to be reasonable, except as otherwise provided for.

A person may file an objection with the enforcement court to an enforcement measure that a court clerk takes which is provided for in the preceding paragraph.

The provisions of the first sentence of Article 10, paragraph (6) and Article 10, paragraph (9) apply mutatis mutandis to cases where an objection to an enforcement measure under the preceding paragraph has been filed.

A court clerk must, in a disposition of seizure, prohibit the obligor from collecting or otherwise disposing the monetary claim and prohibit the third party obligor from providing performance to the obligor.

The provisions of Article 145, paragraphs (2), (3), (5), (7) and (8) apply mutatis mutandis to a disposition of seizure, and the provisions of paragraph (4) of that Article apply mutatis mutandis to cases where a disposition of seizure is served, respectively. In this case, the phrase "Article 153, paragraph (1) or (2)" in that paragraph is deemed to be replaced with "Article 167-8, paragraph (1) or (2)", and the phrase "enforcement court" in paragraphs (7) and (8) of that Article is deemed to be replaced with "court clerk".

A person must file an objection to a court clerk's disposition on a petition for a disposition of seizure within an inalterable period of one week from the day on which the person is notified of the disposition.

An appeal may be filed against a judicial decision on the objection to an enforcement measure referred to in the preceding paragraph.

The provisions of Article 74, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to a disposition made by a court clerk on a petition for a disposition on seizure. In this case, the preceding two paragraphs and paragraph (3) of that Article apply mutatis mutandis.

A person must file an objection to a court clerk's enforcement measure under Article 145, paragraph (8) as applied mutatis mutandis pursuant to paragraph (2) within an inalterable period of one week from the date on which the person is notified of the measure.

An appeal may be filed against a judicial decision to deny the objection to an enforcement measure referred to in the preceding paragraph.

A disposition made by a court clerk under Article 145, paragraph (8) which are replaced and applied mutatis mutandis in paragraph (2) is not effective until it becomes final and binding.

To apply the provisions of Article 14, paragraphs (1) and (4) to enforcement against a claim arising from a small claims action, the term "enforcement court" in these provisions is deemed to be replaced with "court clerk."

The provisions of Article 14, paragraphs (2) and (3) do not apply to a disposition by a court clerk under paragraph (1) of that Article as applied pursuant to the provisions of the preceding paragraph by replacing the terms.

A person must file an objection to a court clerk's disposition under Article 14, paragraph (4) as applied pursuant to the provisions of paragraph (1) following a replacement of terms within an inalterable period of one week from the day on which the person is notified of that measure.

An appeal may be filed against a judicial decision to deny the objection to an enforcement measure referred to in the preceding paragraph.

A measure by a court clerk to cancel the procedures for enforcement against a claim arising from a small claims action pursuant to the provisions of Article 14, paragraph (4) as applied mutatis mutandis pursuant to the provisions of paragraph (1) by replacing the terms is not effective until it becomes final and binding.

Notwithstanding the provisions of Article 38, paragraph (3), a third-party action opposing enforcement in which the third-party asks the court not to permit enforcement against a claim arising from a small claims action is under the jurisdiction of the district court having jurisdiction in the locality of the enforcement court.

An enforcement court may, upon petition, order voidance of all or part of a disposition of seizure or order that a disposition of seizure be made for the portion of a monetary claim of which seizure is prohibited pursuant to the provisions of Article 152 as applied mutatis mutandis pursuant to Article 167-14, paragraph (1), taking into consideration the living conditions of the obligor and the obligee and any other circumstances.

When there has been a change in circumstances, an enforcement court may, upon petition, order that a disposition of seizure be made for a monetary claim for which a disposition of seizure had been voided pursuant to the provisions of the preceding paragraph or void all or part of a disposition of seizure that has been made provided in that paragraph.

The provisions of Article 153, paragraphs (3) through (5) apply mutatis mutandis to cases where the petition referred to in the preceding two paragraphs has been filed. In this case, the term "an order of seizure" in paragraph (4) of that Article is deemed to be replaced with "a disposition of seizure."

An obligee who has an authenticated copy of an enforceable title of obligation and an obligee who has proved by a document that the obligee has a statutory lien may make a distribution demand to a court clerk.

The provisions of Article 154, paragraph (2) apply mutatis mutandis to cases where the distribution referred to in the preceding paragraph has been made.

A person must file an objection to a court clerk's disposition denying the distribution demand referred to in paragraph (1) within an inalterable period of one week from the day on which the person is notified of that measure.

An appeal may be filed against a judicial decision to deny the objection to an enforcement measure referred to in the preceding paragraph.

If an attaching obligee seeks an assignment order, a transfer order, etc., or a statutory deposit order (referred to as an "order for realizing a claim" in this Article) in connection with the monetary claim subject to seizure, by clarifying which one of the order for realizing a claim the obligee seeks, the obligee must file a petition with the enforcement court seeking transfer of the case to the procedure of enforcement against a claim.

When the court has received a petition as referred to in the preceding paragraph in which the obligee has clarified the type of order prescribed in that paragraph, the enforcement court must move the case into the procedures for enforcing claims at the district court having jurisdiction in the locality of the enforcement court.

If, before the order under the preceding paragraph became effective, an objection is filed to an enforcement measure that had already been taken or an appeal is filed against an enforcement decision that had already been made, the order does not become effective until the judicial decision on the objection or appeal becomes final and binding.

No appeal may be entered against an order under paragraph (2).

An appeal may be filed against an order to deny the petition referred to in paragraph (1).

Once an order under paragraph (2) becomes effective, the petition for an order of seizure is deemed to have been filed with the district court prescribed in paragraph (2) at the time the petition for a disposition of seizure is filed or the petition for an order for realizing a claim is deemed to have been filed with that district court at the time the petition referred to in paragraph (1) is filed, and any enforcement measure or other relevant act already taken is deemed to have been taken in the procedures for enforcement against a claim.