Civil Enforcement Act

Obligees entitled to distribution or payment are obligees who have carried out a seizure or a provisional seizure or have made a distribution demand by any of the following times:

the time when the third party obligor made a statutory deposit under Article 156, paragraphs (1) through (3);

the time when a complaint for a suit for collection is served upon the third party obligor;

the time when a court enforcement officer received delivery of proceeds based on a sale order; or

in the case of a seizure of a claim for delivery of movables, the time when a court enforcement officer received delivery of the movables.

An enforcement court must implement distribution or payment in any of the following cases, in addition to the cases prescribed in Article 109 as applied mutatis mutandis pursuant to Article 161, paragraph (7):

cases where a statutory deposit is made under Article 156, paragraph (1) through (3) or Article 157, paragraph (5);

cases where a sale is carried out based on a sale order;

cases where proceeds were submitted pursuant to the provisions of Article 163, paragraph (2).

The provisions of Articles 84 through 86 and Articles 88 through 92 apply mutatis mutandis to the procedure of distribution or payment to be implemented by an enforcement court pursuant to the provisions of the preceding paragraph.

If a seized claim is a claim stated in the items of Article 152, paragraph (1) or a claim under paragraph (2) of the Article (excluding cases where a monetary claim related to the obligations stated in the items of Article 151-2, paragraph (1) is included in claims of the attaching obligee (at least one person where they are several persons)), distribution or payment must not be implemented until four weeks have passed from the date when the order of seizure is served to the obligor.

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.