What should I do after I win the judgment? How to avoid the debtor's loss of property? A must-read guide for creditors in Taiwan

Action guide after winning the judgment: the complete process from court to actual debt recovery

As a lawyer who has been practicing in Taiwan for many years, I often see the relief on the faces of clients when they finally win the case after a long litigation. But the cruel reality is -Getting a winning verdict is only the first stepThe real challenge is how to actually make this judgment come true! In this article, I will use a professional but easy-to-understand way to walk you through the key actions to take after winning the case, especiallyHow to prevent cunning debtors from getting out of the situation, so that the lawsuit you fought hard to win will not become an "empty judgment".

Why does winning a lawsuit not mean that money will automatically go into your pocket?

The harsh reality of civil judgments: enforcement is key

Based on the numerous enforcement cases I have handled,More than 60%'s winning judgments face enforcement difficultiesThe reason is simple:

• The debtor may have already transferred the property
• Bank account may be emptied
• Real estate may be subject to high mortgage

Article 4, Paragraph 1 of the Taiwan Enforcement ActIt is clearly stipulated that "enforcement is carried out in the name of execution." In other words, you need to take the court judgment to "cash in". This process is called"Enforcement".

Analysis of common debtor's divestment methods

After years of professional experience, I have sorted out the most common tricks used by debtors to get rid of their assets:

1. Fake transaction, real gift: Sell to relatives and friends at a low price
2. Creating a false mortgage: Make the property look like a high burden
3. Quick deposit withdrawal: Empty the account before the judgment is finalized
4. Setting up a shell company: Put the property under the company name

The Golden 72 Hours after a Successful Judgment: 3 Actions You Should Take Immediately

Action 1: Confirm that the judgment is final—don’t let the appeal period slip away

First, we need to confirm whether the judgmentSure(That is, neither party can appeal again). According to:

Article 398 of the Civil Procedure Law"The judgment shall be final when the period for appeal expires. However, if a legal appeal is made during the period for appeal, the judgment shall be prevented from being finalized."

Practical suggestions: Immediately after receiving the judgment:

1. Calculate the appeal period (usually 20 days)
2. Confirm whether the other party has appealed
3. Petition to the courtCertificate of Final Judgment

Action 2: Apply for temporary attachment immediately to freeze the debtor’s assets

Want to take preemptive action before the verdict is finalized?False arrestIs your best weapon! Basis:

Article 522 of the Civil Procedure Law"A creditor who wishes to secure compulsory execution of a claim for money or a claim convertible into money may apply for a provisional attachment."

Execution steps:

1. Apply to the court for a provisional arrest order
2. Provide 1/3 of the deposit (common in practice)
3. Go to the IRS to check your property with the ruling
4. Seize the seized property

Professional reminder: There are certain risks in provisional attachment. If the execution is ultimately ineffective, you may have to compensate the debtor for the damages suffered as a result of the provisional attachment (Article 531 of the Civil Procedure Law).

Action 3: Comprehensively investigate the debtor’s property—know yourself and know your enemy

Want to know how much "meat" the debtor has to enforce? You need:

1. Apply for a property inventory from the IRS(A judgment is required to prove this)
2. Search for land information(real estate)
3. Investigate labor insurance and health insurance information(Estimated work location)
4. Field visits(Stores, vehicles and other movable properties)

How to apply for compulsory execution? Detailed process step by step

Step 1: Obtain the execution title

In addition to winning judgments, common enforcement claims include:

• Promissory note ruling (Article 123 of the Bills of Exchange Act)
• Payment order confirmation certificate (Civil Procedure Law Article 521)
• Mediation minutes, etc.

Step 2: Fill out the Enforcement Request

TowardsThe local court where the debtor's property is locatedsubmit:

1. Request letter (stating the requested amount and execution target)
2. Certificate of Final Judgment
3. Debtor's property information
4. Pay the execution fee (usually 0.8% of the execution amount)

Step 3: Cooperate with the court

The court will arrange:

• Seizure (movable/immovable property)
• Garnishment (deposits, wages)
• Auction (variable price allocation)

Practical tips: When applying, it is best to specify the execution target (such as a bank account or a piece of land) to speed up the process!

Advanced anti-losing strategies: 5 secrets that lawyers don’t tell others

Tip 1: Cancel the fraudulent behavior and recover the lost property

If you find that the debtor maliciously divested his property during the litigation, don’t be afraid! According to:

Article 244 of the Civil Code"If the debtor's gratuitous behavior is harmful to the creditor's rights, the creditor may apply to the court to revoke it."

I have used this method to successfully help clients recover properties that were sold at a low price!

Tip 2: Apply for exit restriction - put pressure on the debtor to come forward

For malicious debtors who have accumulated large amounts of debt, the following can be used:

Article 22-2 of the Enforcement Act"If a debtor is in any of the following circumstances, the execution court may, upon the creditor's request, restrict his residence: 1. He obviously has the possibility of fulfilling his obligations but fails to do so. 2. He obviously has the possibility of absconding."

Effect: If the debtor is unable to leave the country, he will usually take the initiative to negotiate repayment!

Secret 3: Seize the third party's claims - cut off the debtor's cash flow

Did you know that you can seize a debtor's claims against a third party? For example:

• Company dividends for company principals
• Landlord’s rental income
• Freelancer's acceptance fee

Legal basis: Article 115 of the Enforcement Law

Tip 4: Apply for corporate personality denial - cracking shell companies

When a debtor hides his property under the name of a company, he can claim:

Article 154, Paragraph 2 of the Company Law"If a shareholder abuses the company's legal status and causes the company to incur specific debts that are obviously difficult to repay, and the circumstances are serious and necessary, the shareholder shall be responsible for repayment."

This method requires high professionalism, so it is recommended to seek the assistance of a lawyer!

Tip 5: Monitor asset changes over time

Regularly after winning the case:

• Check the debtor's property list
• Pay attention to the real estate change index
• Monitor business registration changes

Frequently Asked Questions - 5 Most Frequently Asked Questions by Netizens

Q1: How long does it take to apply for compulsory enforcement after winning a judgment?

The good news is—No deadlineAccording to the Enforcement Law, the validity of the execution title is in principle long-term. However, it is recommended to execute as soon as possible to avoid the deterioration of the debtor's property status.

Q2: What if the debtor really has no property?

Even if you don’t have any property now, you can:

1. ApplicationDebt Certificate(Forced §27)
2. Check your property regularly
3. Monitor whether there are any new assets such as inheritance and insurance money

Q3: Can enforcement be carried out against the debtor’s salary?

Yes! But there are limits:

• 1/3 Principle: Up to 1/3 of salary can be deducted each month (enforced by §122)
• Minimum living allowance: The living expenses of the debtor and dependents must be retained

Q4: Do I need to hire a lawyer for compulsory enforcement?

Although not legally mandatory, in practice:

• Simple cases (such as seizure of deposits) can be handled by yourself
• For complex situations (cross-county, multiple properties), it is recommended to appoint a lawyer
• Attorney fees can be listed as enforcement expenses and be paid first (Section 29 of the Enforcement Law)

Q5: How to provide evidence if it is discovered that the debtor has maliciously divested the property?

Key evidence includes:

• Abnormally low price transaction record
• Transfer of property between relatives
• Intensive asset changes in a short period of time
• Debtors’ social media posts showing off their assets

Conclusion and call to action

A successful judgment is only the beginning, and actual recovery of the debt is the end. According to statistics,Creditors who take preservation measures in a timely manner have a recovery rate three times higher!

If you are facing:

• Worried about debtors losing their assets
• Unfamiliarity with enforcement procedures
• Professional property survey required

Take action now:

1. Collect judgments and debtor information immediately
2. Consult a professional executive lawyer
3. Formulate property preservation strategies

remember-The law protects those who actively advocate their rightsEvery day you hesitate may be the golden time for the debtor to get rid of his property!

Fuda Law Firm
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