Civil Enforcement Act

Beyond what is provided for in other laws and regulations, judicial enforcement; the auctioning of property as a means of enforcing a security interest; the auctioning of property for a realization under the Civil Code (Act No. 89 of 1896), the Commercial Code (Act No. 48 of 1899), or any other Act; and the investigation of an obligor's financial status (collectively referred to as "civil enforcement" below) are governed by the provisions of this Act.

A court or court enforcement officer carries out civil enforcement upon petition.

For civil enforcement that is carried out by a court, an enforcement court is the court that the provisions of this Act requires to take enforcement measures, and for enforcement measures taken by a court enforcement officer, an enforcement court is the district court to which that officer belongs.

An enforcement court may render a judicial decision without holding oral arguments.

An enforcement court may interrogate an interested person or other person of reference if it finds this to be necessary when taking an enforcement measure.

If a court enforcement officer faces resistance when performing their duties, then they may use force or request police assistance to eliminate the resistance; provided, however, that this does not apply to performance of duties based on the provisions of Article 64-2, paragraph (5) (including as applied mutatis mutandis pursuant to Article 188).

A person other than a court enforcement officer who performs duties related to civil enforcement at the order of an enforcement court may request assistance from a court enforcement officer if they face resistance when performing their duties.

If, when entering a person's residence and performing their duties, a court enforcement officer or a person who performs duties related to civil enforcement at the order of an enforcement court (referred to as a "court enforcement officer or civil enforcement official" below) does not encounter the occupant or their agent, a cohabiting relative, or an employee or other worker or discerning person, then this person must have a municipal official, police officer, or other person deemed suitable as a witness. The same applies if a court enforcement officer uses force or receives police assistance pursuant to the provisions of paragraph (1) of the preceding Article.

A court enforcement officer or civil enforcement official must obtain the permission of an enforcement court to enter a person's residence to perform their duties on a Sunday or general holiday or during the period from 7:00 PM to 7:00 AM the following morning.

In performing their duties, a court enforcement officer or civil enforcement official must present a document proving that they have obtained permission pursuant to the provisions of the preceding paragraph.

When performing their duties, a court enforcement officer or civil enforcement official must carry a document proving their status or credentials and present it if requested by a person having an interest.

A person may file an appeal against a judicial decision concerning a civil enforcement procedure only if there are special provisions allowing this.

A person must file an appeal against an enforcement decision by submitting a petition for appeal to the court of prior instance within an inalterable period of one week from the day on which the notice of judicial decision is received.

If the reason for an appeal against an enforcement decision is not stated in the petition for appeal, then the appellant must submit a statement of reason for the appeal to the court of prior instance within one week after the day on which the appellant has submitted the petition.

The reason for an appeal against an enforcement decision must be stated pursuant to the provisions of the Rules of the Supreme Court.

In circumstances falling under any of the following items, the court of prior instance must deny an appeal against an enforcement decision:

if the appellant fails to submit the statement of reason under paragraph (3);

if the statement of reason for the appeal clearly violates the provisions of the preceding paragraph;

if it is clear that the appeal is not in accordance with the law and the defect cannot be corrected; or

if the appeal has been filed to unreasonably delay a civil enforcement procedure.

During the period up until the judicial decision on an appeal against an enforcement decision becomes effective, the court in charge of appeal may order a stay of enforcement of the judicial decision of prior instance or a stay of all or part of a civil enforcement procedure while either requiring or not requiring security to be provided, or may issue an order for the enforcement of that decision or the enforcement procedure to continue while requiring security to be provided. The court of prior instance may also order these measures while the record of the case is still at the court of prior instance.

The court in charge of appeal examines only the reason stated in the petition for appeal or in the statement of reason for the appeal against the enforcement measure; provided, however, that it may examine, by its own authority, whether there has or has not been any violation of laws and regulations or error of fact that would have affected the judicial decision of prior instance.

An appeal may be filed against a decision under paragraph (5).

An appeal may not be filed against a decision under paragraph (6).

The provisions of Article 349 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis when a judicial decision against which an appeal may be filed has become final and binding.

A person may file an objection with the enforcement court to the measures of that court that may not be appealed. A person may also file an objection to a court enforcement officer's measures or to a court enforcement officer's delay or negligence.

The provisions of the first sentence of paragraph (6) of the preceding Article and paragraph (9) of that Article apply mutatis mutandis when a person has made a filing provided in the preceding paragraph.

An appeal may be filed against a ruling to void a civil enforcement procedure. This also applies to a judicial decision denying an objection to a court enforcement officer's measure voiding a civil enforcement procedure and to a ruling ordering a court enforcement officer to cancel a civil enforcement procedure.

A judicial decision against which an appeal may be filed pursuant to the provisions of the preceding paragraph does not take effect until it becomes final and binding.

Except in proceedings in an action or in an appeal against an enforcement decision, a person other than one who is permitted to serve as a litigation representative pursuant to the provisions of Article 54 of the Code of Civil Procedure may act as a person's representative in proceedings that take place in the enforcement court, with the court's permission.

The enforcement court may revoke the permission referred to in the preceding paragraph at any time.

When filing a petition for civil enforcement with the enforcement court, the petitioner must prepay the amount that the court clerk establishes as the expenses needed for civil enforcement proceedings. The same applies if the expenses that the person has prepaid will be insufficient and the court clerk specifies a reasonable period of time and orders the person to prepay the insufficient funds.

The petitioner may file an objection with the enforcement court against the court clerk's disposition under the preceding paragraph within an inalterable period of one week from the day on which the petitioner is informed of those measures.

A court clerk's disposition under paragraph (1) is not effective until it becomes final and binding.

If a petitioner fails to prepay expenses, the enforcement court may deny the petition for civil enforcement or cancel the civil enforcement procedure.

The petitioner may appeal a ruling denying a petition pursuant to the provisions of the preceding paragraph.

To provide security pursuant to the provisions of this Act, a person must make a deposit of money or securities (including book-entry transfer company bonds prescribed in Article 278, paragraph (1) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001)) that the court which has ordered the person to provide security (referred to as the "ordering court" in this paragraph) finds to be reasonable, with an official depository within the jurisdictional district of the district court that has jurisdiction in the locality of the ordering court, or by any other means specified by the Rules of the Supreme Court; provided, however, that if the party concerned has made a special agreement about this, then the agreement prevails.

The provisions of Article 77, Article 79, and Article 80 of the Code of Civil Procedure apply mutatis mutandis to the security referred to in the preceding paragraph.