脫產,強制執行,債權憑證

Driver attacks victim with screwdriver, leaving the victim paralyzed from the waist down. Victim: Car dealership maliciously divested assets. Lawyer Li Yusheng explains the consequences of debtor divestment and the enforcement procedure.


Driver Attacks Victim with Screwdriver, Leaving Him Paralyzed from the Lower Body; Victim Claims Car Dealership Maliciously Withheld Assets | FTV News Reporter Wang Yu-Chun

News link:https://youtu.be/mnPjsiej3hA?si=jz6GT-V-JcY8A-Ec

In 2021, in Xindian, New Taipei City, a taxi driver stabbed a victim 11 times with a screwdriver, causing the victim to be paralyzed from the waist down and permanently disabled. The driver and the taxi company requested joint compensation. Although the court awarded more than 5.28 million yuan in compensation, the taxi company has been slow to pay and is suspected of maliciously divesting itself. Now, the company's trademark has been auctioned off for 130,000 yuan, which is far from enough to cover the compensation.

Attorney Li Yusheng of Fidelity Law Firm stated that if the court orders the debtor to pay over 5 million yuan in damages, and the debtor has no assets available for repayment or has even maliciously attempted to divest, the creditor can apply for enforcement. During enforcement, the debtor's existing assets will be auctioned off to settle the debt. If the auction proceeds are insufficient to repay the entire debt, or if there are no other assets available for execution, the court will issue a debt certificate. Enforcement can be applied for again if new assets are discovered later. However, in practice, the likelihood of successfully recovering the debt is low.

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