Civil Enforcement Act

A court enforcement officer may not carry out another seizure of seized property or movables for which a provisional seizure has been effected.

If another petition for enforcement against movables is filed against an obligor against whom a seizure has already been effected in the location in question, the court enforcement officer must seize any movables that have yet to be seized if there are any, and if there are no movables to be seized, the officer will make this clear and consolidate the case of enforcement against movables with the earlier case of enforcement against movables. The same applies if another petition for enforcement against movables is filed against an obligor against whom a provisional seizure has already been effected in the location in question.

When two cases of enforcement against movables have been consolidated pursuant to the provisions of the first sentence of the preceding paragraph, the movables that were seized in the later case are deemed to have been seized in the earlier case at the time of the consolidation, and the petition for the later case becomes effective as a distribution demand. If the earlier attaching obligee has withdrawn the petition for enforcement against movables or the procedure related to the petition has been stayed or revoked, the movables seized in the earlier case are deemed to have been seized for the later case at the time of the consolidation.

If a case involving a provisional seizure and a case involving enforcement against movables are consolidated pursuant to the provisions of the second sentence of paragraph (2), the movables against which the provisional seizure is effected are deemed to have been seized in the case involving enforcement against movables at the time of the consolidation, and the petition in the case involving the provisional seizure becomes effective as a distribution demand. If the attaching obligee has withdrawn the petition for enforcement against movables or the procedure initiated by the petition has been canceled, the movables seized in the case of the enforcement against movables are deemed to have undergone a provisional seizure in the case involving the provisional seizure at the time of the consolidation.

Effects of a seizure extend to natural products produced from the seized property.

When a third party has taken possession of seized property, the enforcement court may, upon petition by the attaching obligee, order the relevant third party to deliver the seized property to a court enforcement officer.

The petition referred to in the preceding paragraph must be filed within one week from the day on which the attaching obligee became aware that the third party is in possession of the seized property.

An appeal may be filed against a judicial decision on the petition referred to in paragraph (1).

The provisions of Article 55, paragraphs (8) through (10) apply mutatis mutandis to an order under paragraph (1).

Movable property must not be seized beyond the extent necessary for the performance of the claim and enforcement costs of the attaching obligee.

After a seizure, when it is clear that the seizure goes beyond the extent referred to in the preceding paragraph, a court enforcement officer must void the excessive portion of the seizure.

When the amount of proceeds from the movables to be seized is not expected to exceed the amount of the procedural expenses, a court enforcement officer must not carry out the seizure.

When the amount of proceeds from the seized property is not expected to reach the total amount of the procedural expenses and the amount of any claims that take precedence over the claim of the attaching obligee, a court enforcement officer must void the seizure.

If a seized property is not expected to be sold even after implementing a sale by a reasonable method, a court enforcement officer may void the seizure of that seized property.

The following movables must not be seized:

clothing, bedding, furniture, kitchen appliances, tatami mats or fixtures and fittings that are essential to the daily life of the obligor's household;

the food or fuel that the obligor's household needs for one month of daily life;

money in the amount specified by a Cabinet Order taking into account an average household's necessary living expenses for two months;

equipment, fertilizers, work animals or their feed that are indispensable for agriculture as well as seeds or any similar agricultural products that are indispensable for continuing agriculture until the next harvest conducted by a person who works in agriculture mainly on their own;

fishing nets or any other fishing tackle, bait or juvenile fish or other similar marine products that are indispensable for catching or farming marine products by a person who works in the fishing industry mainly on their own;

equipment or any other objects (excluding merchandise) that are indispensable for the work of a technician, an artisan, a laborer or any other person who works in an occupation or business that relies on their intellect or physical labor (excluding those prescribed in the preceding two items);

a registered seal or any other seal that is indispensable for an occupation or daily living;

a Buddhist statue, a memorial tablet or other object that is indispensable for direct use in religious service or worship;

a record of family genealogy, journals, business ledgers or any similar documents that are necessary to the obligor;

a medal or any other object representing honors received by the obligor or their relatives;

papers or equipment that a member of the obligor's household needs for their studies at school or any other educational institution;

an object connected with an invention or a copyrighted work that has yet to be made public;

a prosthetic arm, hand, leg, or foot, or any other relevant assistive device that a member of the obligor's household needs; and

fire fighting machinery or equipment, evacuation equipment or any other supplies that are required to be put in place in a building or any other structure pursuant to the provisions of laws and regulations for disaster prevention or safety reasons.

An enforcement court may, upon petition, order voidance of all or part of a seizure or permit seizure of any of the movables stated in the items of the preceding Article, 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, permit a seizure of movables of which seizure had been voided pursuant to the provisions of the preceding paragraph or order rescission of all or part of a seizure under that paragraph.

When a petition has been filed seeking an order to void a seizure pursuant to the provisions of the preceding two paragraphs, an enforcement court may, until a judicial decision on the petition becomes effective, order a stay of the judicial enforcement, while requiring or not requiring provision of security.

An appeal may be filed against an order to deny the petition referred to in paragraph (1) or paragraph (2) and an order to permit a seizure pursuant to these provisions.

No appeal may be entered against an order under paragraph (3).

A statutory lien holder or a pledgee may make a distribution demand by submitting a document or electronic or magnetic record that proves their right.

A court enforcement officer must sell seized property by bidding process, auction or any other method specified by the Rules of the Supreme Court.

The provisions of Article 65 and Article 68 apply mutatis mutandis to cases of selling seized property.

If a court enforcement officer has seized a negotiable instrument, check, or other instrument with the payment of money as its subject matter (referred to as a "negotiable instrument" below) that is required to be presented for acceptance or payment, or to have payment demanded against it (referred to as "presenting" the instrument below), within the period established for the exercise of rights under that instrument, and if the commencement of that period has arrived, the court enforcement officer must present the instrument in place of the obligor.

If the document or electronic or magnetic record stated in Article 39, paragraph (1), item (vii) or (viii) has been submitted, if there is a likelihood of a considerable decline in the price of the seized property or if an inappropriate amount of costs are to be required for retention of that seized property, a court enforcement officer may sell the seized property.

A court enforcement officer, when the officer has sold seized property pursuant to the provisions of the preceding paragraph, must make a statutory deposit of the proceeds of the sale.

A court enforcement officer may, when the officer has sold securities, carry out, in place of the obligor, acts necessary for indorsement or entry of a name change for the purchaser.

If there is only one obligee, or if there are two or more obligees but it is possible to fully satisfy the claims and enforcement costs of each of the obligees out of the sale proceeds, monies seized, or payments against negotiable instruments (referred to as the "enforcement proceeds" below), the court enforcement officer delivers payment money to the obligees and delivers any surplus to the obligor.

Except in the cases prescribed in the preceding paragraph, if an agreement is reached among the obligees regarding distribution of the enforcement proceeds, a court enforcement officer implements distribution in accordance with the agreement.

If the agreement referred to in the preceding paragraph is not reached, a court enforcement officer must notify the enforcement court of the circumstances.

The provisions of Article 84, paragraphs (4) and (5) and Article 88 apply mutatis mutandis to the case of implementing distribution or payment pursuant to the provisions of paragraph (1) or paragraph (2).

Obligees entitled to distribution or payment are the obligees effecting a seizure as well as obligees who made a distribution demand, in the case of proceeds, by the time a court enforcement officer receives delivery of proceeds (or, in the case of proceeds that were deposited pursuant to the provisions of Article 137 or Article 49, paragraph (3) of the Civil Preservation Act, by the time the enforcement against movables is decided to be continued), or in the case of seized money, by the time a court enforcement officer seizes that money, or in the case of the amount payable on a negotiable instrument, by the time a court enforcement officer receives payment for it.

In the case of implementing distribution or payment pursuant to the provisions of Article 139, paragraph (1) or (2), if any of the following grounds exist for the claim of an obligee who is to receive distribution or payment, a court enforcement officer makes a statutory deposit of money equivalent to the amount of the distribution or payment and notifies the enforcement court of the circumstances:

when the claim is one subject to a condition precedent or one with an uncertain due date;

when the claim is one held by the obligee effecting a provisional seizure;

when the document stated in Article 39, paragraph (1), item (vii) or Article 183, paragraph (1), item (ii), (e) as applied mutatis mutandis pursuant to Article 192 has been submitted; or

when an authenticated copy or certificate of recorded information of a judicial decision to temporarily prohibit exercise of a statutory lien or pledge for the claim has been submitted.

A court enforcement officer must make a statutory deposit of money equivalent to the amount of distribution or payment for any obligee who failed to appear to receive distribution or payment

The enforcement court must implement the procedure of distribution or payment, immediately if notification has been given under Article 139 , paragraph (3) and at the time when the grounds for statutory deposit were extinguished if notification has been given under paragraph (1) of the preceding Article.

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

Enforcement against a claim for the payment of money or delivery of a vessel or movables (excluding a claim for which securities subject to enforcement against movables have been issued; referred to as a "claim" in this Section) (this excludes the enforcement against a claim arising from a small claims action prescribed in Article 167-2, paragraph (2); referred to as "enforcement against a claim" in this Section) commences through an order of seizure by an enforcement court.