Court Enforcement Officer Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2029
Published: 2007

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Court Enforcement Officer Act

(Duties)

Article 1 A court enforcement officer shall handle the following affairs.

(i) Affairs that are provided for in the Code of Civil Procedure (Act No. 109 of 1996), the Civil Execution Act (Act No. 4 of 1979), the Civil Provisional Remedies Act (Act No. 91 of 1989) or other laws and regulations as those to be handled by a court enforcement officer

(ii) Affairs that are assigned by a court to a court enforcement officer, pertaining to the storage, administration or liquidation of an item or other acts constituting civil execution pursuant to the provisions of the Civil Execution Act, execution of a temporary restraining order pursuant to the provisions of the Civil Provisional Remedies Act or other procedures for manifesting or preserving rights under private law

(Processing of Affairs)

Article 2 (1) A court enforcement officer shall handle affairs upon petition. Provided, however, that the foregoing shall not apply to any of the affairs a court may directly order a court enforcement officer to handle as part of the procedures in a case pending before the court.

(2) The assignment of affairs to a court enforcement officer shall be determined by the district court to which he/she belongs. Provided, however, that if any of the affairs set forth in item (ii) of the preceding Article are delegated by a court to a specific , such affairs shall be handled by such court enforcement officer.

(Disqualification)

Article 3 A court enforcement officer shall be disqualified from performing his/her duties in the cases listed in each of the following items.

(i) Where the court enforcement officer or his/her spouse is a party to the case before the court (including where such person is the victim in a criminal case or a juvenile protection case; the same shall apply hereinafter), or is related to a party to the case as a joint obligee, joint obligor or obligor for redemption.

(ii) Where the court enforcement officer is a party's relative by blood within the fourth degree, relative through marriage within the third degree or a cohabitating relative.

(iii) Where the court enforcement officer is, in relation to a party, a guardian, supervisor of a guardian, conservator, supervisor of a conservator, assistant or a supervisor of an assistant.

(iv) Where the court enforcement officer is a party's agent with regard to the affairs he/she is to handle.

(District for Performing Duties)

Article 4 A court enforcement officer shall perform his/her duties within the jurisdictional district of the district court to which he/she belongs, unless otherwise provided for in other laws and regulations.

(Filing of Objection)

Article 5 With regard to an objection filed against a disposition of execution made by a court enforcement officer concerning the affairs to be handled upon petition (including the calculation of fees and expenses) or any delay or negligence thereof, the same rule as in the objection to a disposition of execution set forth in Article 11, paragraph (1) of the Civil Execution Act (including the cases where such Act applies mutatis mutandis) shall govern pursuant to the second sentence thereof, unless otherwise specifically provided for in the same Act.

(Custody of Money)

Article 6 Any money seized or received by a court enforcement officer in the course of performing his/her duties shall be kept under the custody of the court to which the court enforcement officer belongs as provided for in the Rules of the Supreme Court, except where such money should be promptly paid to the person who is supposed to receive the same or deposited.

(Fees and Expenses)

Article 7 A court enforcement officer shall receive the fees for the performance of his/her duties and the payment or reimbursement of the expenses required for performing his/her duties.

(Cases Where Court Enforcement Officer Receives Fees)

Article 8 (1) A court enforcement officer shall receive the fees for the affairs listed in each of the following items.

(i) Service of process

(i)-2 Examination of the shape, possession or other aspect of the current status of an object, carried out under a disposition set forth in Article 132-4, paragraph (1), item (iv) of the Code of Civil Procedure

(ii) Execution of a seizure or provisional seizure

(iii) Affairs pertaining to procedures pursuant to the provisions of Article 125, paragraph (2) of the Civil Execution Act (including cases where it is applied mutatis mutandis or where the same rule governs)

(iv) Receipt of delivery of movables (meaning movables prescribed in Article 122, paragraph (1) of the Civil Execution Act; the same shall apply in items (ix) to (xi) below) for the purpose of liquidation

(v) Affairs pertaining to a demand for distribution

(vi) Affairs pertaining to implementation of liquidation by means of sale or otherwise

(vii) Confiscation of movables (including securities but excluding a vessel, etc. in which a person resides) from an obligor and delivery of the same to the obligee

(viii) Releasing real property or a vessel, etc. in which a person resides from the obligor's possession and causing the obligee to acquire such possession

(ix) Inspection of the status of movables for which a seizure or provisional seizure has been executed or of another item which has been in the court enforcement officer's custody, where such movables or item is retained by the obligor or another person

(x) Confiscation of movables under a decision pursuant to the provisions of Article 127, paragraph (1) of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs)

(xi) Delivery of movables for which a seizure or provisional seizure has been executed or other item which has been under the custody of the court enforcement officer to the obligor or other person entitled to receive the same as a revocation of the disposition of execution

(xii) Assistance requested pursuant to the provisions of Article 6, paragraph (2) or Article 96, paragraph (2) of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs)

(xiii) Sealing of property or removal of such seal pursuant to the provisions of Article 155, paragraph (1) of the Bankruptcy Act (Act No. 75 of 2004)

(xiv) Preparation of a certificate of refusal

(xv) Certification of the obligor's failing to make payment to the holder of mortgage securities

(xvi) Examination of the shape, possession or other current status of real property or a vessel

(xvii) Releasing real property from possession by a decision pursuant to Article 55, paragraph (1) (limited to portions pertaining to item (ii) or (iii)), Article 68-2, paragraph (1), Article 77, paragraph (1) (limited to portions pertaining to item (ii) or (iii)) or Article 187, paragraph (1) (limited to cases where a temporary restraining order or a temporary restraining order to give public notice as listed in Article 55, paragraph (1), item (ii) or (iii) is ordered) of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs), and retaining the same or having the petitioner acquire such possession for retention purpose

(xvii)-2 Carrying out of a preliminary inspection set forth in Article 64-2, paragraph (1) of the Civil Execution Act (including cases where it is applied mutatis mutandis or where the same rule governs)

(xviii) Confiscation of a document proving the nationality of a vessel and any other document necessary for the navigation of the vessel

(xix) Affairs listed in item (i) of Article 1 other than those set forth in each of the preceding items

(xx) Execution carried out by a decision pursuant to the provisions of Article 171, paragraph (1) of the Civil Execution Act

(xxi) Execution of a provisional disposition or other temporary restraining order which does not fall under any of the items (i) to (xviii)

(xxii) Affairs listed in item (ii) of Article 1 other than those set forth in the preceding two items which do not fall under items (i) to (xviii)

(2) Prior to carrying out of the affairs set forth in each item under the preceding paragraph, a court enforcement officer shall receive the fees pertaining to such affairs in the cases listed in each of the following items.

(i) If the court enforcement officer is unable to serve process or examine the current status of an object as set forth in item (i)-2 of the preceding paragraph due to an event not attributable to the court enforcement officer, when he/she appears at the place where he/she is supposed to serve such process or examine the current status of the object,.

(ii) With regard to the affairs listed in items (ii) to (iv), (vi) to (xv) and (xvii) to (xxi) of the preceding paragraph, if the implementation of the affairs is cancelled after the preparation necessary for implementing such affairs provided for in the Rules of the Supreme Court is made, due to an event prescribed by Article 39, paragraph (1) or Article 183, paragraph (1) of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs) or the withdrawal of petition or other event attributable to a party to the case.

(Amount of Fees)

Article 9 (1) The amount of the fees pertaining to the affairs set forth in paragraph (1), items (i) to (xxi) of the preceding Article shall be provided for in the Rules of the Supreme Court, while taking into consideration the nature of the affairs, the benefit of the party/parties to the case, the price situation, the matters surrounding wages in general and any other circumstances concerned.

(2) The amount of the fees pertaining to the affairs set forth in item paragraph (1), item (xxii) of the preceding Article shall be prescribed by the court which has held that the court enforcement officer should handle the affairs.

(Types of Expenses)

Article 10 (1) The expenses for which a court enforcement officer is paid or reimbursed shall be as prescribed in the following.

(i) Expenses required for sending documents and telegraph and telephone charges

(ii) Cost of public notice

(iii) Daily allowance and travel expenses for the observer prescribed by Article 7 of the Civil Execution Act (including the cases where it is applied mutatis mutandis)

(iv) Allowance payable to technicians and laborers

(v) Expenses required for implementation of the affairs prescribed by Article 136 or Article 138 of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs)

(vi) Expenses for transportation, storage, custody and preservation of an item

(vii) Expenses for harvesting fruit

(viii) Expenses for obtaining a certificate from a government agency or other public organization

(ix) Expenses for photographs taken to record the current status of an item

(x) Expenses for preparing an instrument prescribed by Article 161, paragraph (5) of the Civil Execution Act (including the cases where it is applied mutatis mutandis or where the same rule governs)

(xi) Travel expenses and accommodation charges of the court enforcement officer

(xii) Expenses required to perform the duties of a court enforcement officer other than those set forth in the preceding items as provided in the Rules of the Supreme Court

(2) The daily allowance and travel expenses set forth in item (iii) of the preceding paragraph shall be those a court enforcement officer is obligated to pay under the Rules of the Supreme Court.

(3) The travel expenses and accommodation charges of a court enforcement officer shall be those required where the court enforcement officer performs his/her duties one kilometer or more from the court at which he/she works or where accommodation is required for the court enforcement officer to perform his/her duties.

(Amount of Expenses)

Article 11 (1) The amount of the expenses set forth in paragraph (1), item (iii) and items (x) to (xii) of the preceding Article shall be as provided for in the Rules of the Supreme Court.

(2) Except for the expenses set forth in the preceding paragraph, the amount of the expenses shall be the actual costs.

(Person to Make Payment)

Article 12 The fees payable to a court enforcement officer and the expenses required performing his/her duties shall be paid or reimbursed by the petitioner if the affairs are handled by the court enforcement officer upon petition or, in the cases where the court directly has the court enforcement officer handle such affairs, by the court, unless otherwise provided for in other laws.

(Payment Due Date of Fees)

Article 13 A court enforcement officer may receive the fees on each individual affair only after he/she completes such affair or the affair no longer requires to be continued. Provided, however, that the foregoing shall not apply in the cases prescribed by Article 8, paragraph (2) or if otherwise provided for in other laws.

(Prescription)

Article 14 The right to receive the fees and the reimbursement of expenses paid shall be extinguished by prescription if such right is not exercised within five years, unless such payment or reimbursement is made by the court.

(Prepayment)

Article 15 (1) With regard to the affairs handled by a court enforcement officer upon petition, the court enforcement officer may cause the petitioner to prepay the fees and the estimated amount of the expenses required for performing the duties as provided for in the Rules of the Supreme Court. Provided, however, that the foregoing shall not apply if the petitioner is a person who receives judicial aid.

(2) The prepayment of the estimated amount set forth in the preceding paragraph shall be made to the district court to which the court enforcement officer belongs.

(3) If the petitioner fails to prepay the estimated amount set forth in paragraph (1), the court enforcement officer may dismiss the petition.

(4) The petitioner shall be relieved of the obligation to pay or reimburse the fees and expenses to the extent of the amount of the prepayment. In this case, the court enforcement officer shall receive the payment or reimbursement of the fees and expenses from the court which received the prepayment.

(Special Provision for Petition by Person Receiving Judicial Aid)

Article 16 If a court enforcement officer is unable to collect any portion of the fees and expenses required to perform his/her duties with regard to a compulsory execution upon petition by a person who receives judicial aid, such portion shall be paid by the national treasury upon the court enforcement officer's request.

(Retention of Enforcement Records, etc.)

Article 17 (1) The enforcement records and other documents prepared by the court enforcement officer in the course of his/her duties shall be retained by the court enforcement officer.

(2) A party to the case or another interested person may demand inspection of the documents set forth in the preceding paragraph or other documents retained by the court enforcement officer in the course of his/her duties.

(3) To demand the inspection of documents pursuant to the provisions of the preceding paragraph, the party or the interested person shall pay the fees to the court enforcement officer as provided for in the Rules of the Supreme Court. Provided, however, that the foregoing shall not apply if the party demands the inspection of unfinished execution records.

(Preparation of Transcripts, etc.)

Article 18 (1) A party to the case or other interested person may demand issuance of a transcript of or extract from records or other documents prepared by the court enforcement officer in the course of his/her duties, or a certificate concerning the affairs which have been handled by the court enforcement officer.

(2) To demand the issuance of documents pursuant to the provisions of the preceding paragraph, the party or the interested person shall pay the clerk fees to the court enforcement officer as provided in the Rules of the Supreme Court.

(Assistance)

Article 19 (1) A court enforcement officer may request assistance from another court enforcement officer after obtaining permission from the district court to which he/she belongs, if it is especially necessary to the performance of his/her duties.

(2) In the case described in the preceding paragraph, each court enforcement officer shall receive his/her respective fees, and the payment or reimbursement of the expenses required to perform his/her respective duties.

(Substitution)

Article 20 (1) A district court may have a court clerk perform all or part of the duties of a court enforcement officer as provided for in the Rules of the Supreme Court, if such substitution is necessary due to an accident befalling the court enforcement officer or another reason.

(2) In the case described in the preceding paragraph, the fees to be received by the court enforcement officer, and the reimbursement of the expenses set forth in Article 10, paragraph (1), items (x) and (xi) and in item (xii) of the same paragraph which are provided for under the Rules of the Supreme Court, the clerk fees set forth in Article 18, paragraph (2), and other expenses shall be treated as national revenue.

(Subsidies from the National Treasury)

Article 21 If the amount of the fees received by a court enforcement officer during a one year period fails to reach the amount specified by Cabinet Order, the court enforcement officer shall receive payment of the shortfall from the national treasury.