Article 167-2Commencement of Enforcement Against a Claim Arising from a Small Claims Action
第百六十七条の二（少額訴訟債権執行の開始等）
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;
少額訴訟における確定判決
a small claims judgment bearing a declaration of provisional enforcement;
仮執行の宣言を付した少額訴訟の判決
a disposition by a court clerk determining the amount of court costs or settlement costs being borne in a small claims action;
少額訴訟における訴訟費用又は和解の費用の負担の額を定める裁判所書記官の処分
a record or electronic record of a settlement or acknowledgment in a small claims action; or
少額訴訟における和解又は認諾の調書又は電子調書
an order in lieu of settlement under Article 275-2, paragraph (1) of the Code of Civil Procedure in a small claims action.
少額訴訟における民事訴訟法第二百七十五条の二第一項の規定による和解に代わる決定
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."
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