How is compulsory execution against property carried out?

What the Law Says

Compulsory execution against property in Japan is strictly regulated by the Civil Execution Act to ensure fairness and transparency. The process begins with a court-issued execution order and proceeds through seizure, valuation, and sale of the debtor’s assets.

A creditor must first obtain an enforceable title (e.g., final judgment or notarized deed) and file an application for execution with the competent district court.

Upon approval, a bailiff (shihō shoshi) carries out seizure — physically taking control of or placing a legal restraint on the debtor’s property, such as real estate, vehicles, or bank deposits.

Seized property must be appraised by a court-appointed appraiser. The appraisal report is served on both parties, and objections may be filed within five days.

The property is then sold at public auction unless sold privately with court approval. Before the auction, notice must be given at least 30 days in advance.

At auction, bids must be at least half the appraised value; otherwise, the sale is invalid. Proceeds are distributed to satisfy the debt, costs, and any prior secured creditors.

Statutory Text

The bailiff shall seize the property by taking actual possession thereof or by making a notation of seizure in the relevant registry.

— Civil Execution Act, s. 42 — Seizure of Property

Statutory Text

No sale shall be made at a public auction unless the bid price is at least one-half of the appraised value.

— Civil Execution Act, s. 75 — Minimum Bid Price

Statutory Text

Notice of the time and place of the public auction shall be given at least thirty days before the auction.

— Civil Execution Act, s. 73 — Notice of Auction

What to Do

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