脫產,毀損債權,民事律師,台北民事律師推薦

A passenger was stabbed repeatedly by a taxi driver and is now "incapacitated for life." He lamented that his claim for NT$5.28 million in compensation has yielded no results. A civil lawyer from Fidelity Law Firm explained issues related to the perpetrator's alleged asset stripping, damage to creditor's rights, and false attachment.

Case Background and Legal Disputes

Passenger stabbed by driver "disabled for life" and lamented: No way to claim NT$5.28 million|ETTV reporters Yao Yiting and You Yaxing

In April 2021, a Mr. Liao from New Taipei City took a taxi back to his home in Xindian. On the way, he had an argument with the driver, who attacked him with a screwdriver, causing him to become disabled. For the rest of his life, he had to use crutches and was unemployed! Four years have passed. In the criminal case, the driver was sentenced to 7 years and 10 months in prison and is currently serving his sentence. However, in the civil case, the driver and the car dealership must jointly pay 5.28 million in compensation, but Mr. Liao complained that the car dealership has not paid any compensation so far! In response, the car dealership said that it would let a lawyer handle the matter.

A civil lawyer at Fidelity Law Firm stated that if a debtor transfers assets at the time of enforcement proceedings, it may be possible to file a charge of damage to claims and have the transfer of property revoked. However, if the debtor has already transferred assets at the beginning of the litigation, and has no assets left in their name, even if a favorable judgment is obtained, subsequent claims for repayment are almost impossible.

Related Articles: What to do after receiving a favorable judgment? How to prevent debtors from divesting their assets? A must-read guide for creditors in Taiwan.

Opinion of Fidelity Law Firm

What should be confirmed first when encountering similar cases?

  • First, organize the event timeline, notices, contracts, chat logs, photos, videos, and payment information.
  • Confirm the current stage of the process: it may be just a consultation, you may have been interviewed, you may have received a summons, you may have entered into court proceedings, or you may need to file a lawsuit to seek compensation.
  • Assess whether there are immediate risks such as statute of limitations, evidence preservation, detention, imprisonment, settlement negotiations, or media exposure.

Frequently Asked Questions

What should be the first step in dealing with a dispute over compensation or state compensation?

You should first save photos, videos, police reports, medical bills, repair estimates, correspondence and official documents, and confirm the target of the request, the time limit and the amount of damage. If necessary, you can ask a lawyer to help you file a request or lawsuit.

Do you have to file a lawsuit directly to seek civil compensation?

Not necessarily. Lawyers usually assess the evidence, amount, opposing party's attitude, and statute of limitations before deciding whether to send a letter, request mediation, issue a payment order, request preliminary attachment, or directly file a civil lawsuit.

How does Fidelity Law Firm assist in civil litigation?

Our firm can assist in civil cases involving damages, state compensation, car accidents, contracts, leases, debts, and corporate recovery, providing comprehensive services from evidence gathering and legal analysis to litigation strategy planning.

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