How to find a debtor's assets after judgment: five public sources for asset tracing in Taiwan
Method ·
Land registration, company and shareholding records, vehicle registration, court notices and auction records, and tax data. This article sets out which assets can be located and what standing each source requires
Most doors open only with an enforcement title
A final judgment, a court order on a promissory note, a final payment order, or a court-recorded settlement: each of these is an enforcement title. Before you hold one, you can use only the records open to anyone. Once you have one, tax data, vehicle records and court enquiries to banks and employers become available.
The five sources
### 1. Land registration
Taiwan's land registration rules divide extracts into three classes. Class two is available to anyone but redacts part of the owner's name, ID number and date of birth, and it requires the lot or building number in advance. You can learn who owns a property; you cannot directly learn what property a person owns. Searching by person runs through the fifth source below. Class three requires a legal interest in the property.
### 2. Company registration and shareholdings
The Ministry of Economic Affairs registry is open to anyone. If the debtor is a member of a limited company, the capital contribution is recorded. If the debtor is a director or supervisor of a company limited by shares, the shareholding is recorded. Shares can be the object of enforcement, and a company the debtor runs is the starting point for following where money went.
### 3. Vehicle registration
Vehicle records are not public. A creditor may query the debtor's vehicles with the motor vehicle office only during enforcement proceedings, on production of the court's instruction to report assets. The office's public paid enquiry returns vehicle data only, never the owner.
### 4. Court notices and auction records
The Judicial Yuan's auction search is free and public, covering both real property and movables. It shows whether the debtor's assets are already under enforcement by other creditors and what has reached auction. If others are ahead of you, the decision is whether to join the distribution or look for other assets.
### 5. Tax data
The Tax Collection Act makes tax data confidential but lists exceptions, one of which is a creditor holding a final civil judgment or other enforcement title. On presenting the title to the National Taxation Bureau, the creditor can obtain the debtor's property and income statements for a small fee. This is the most direct way to search by person. The property statement shows real estate and vehicles; the income statement shows salary and interest sources, which point to employers and bank accounts.
The court's side
The Compulsory Enforcement Act gives the enforcement court two powers. It may make enquiries of tax authorities, other agencies and anyone who knows the debtor's financial position, and those asked may not refuse; this is how bank deposits, wages and insurance are located. It may also order the debtor to report truthfully all assets held in the preceding year; a debtor who fails to report or reports falsely may be ordered to provide security or perform within a deadline, and in extreme cases may be detained. Both require an application by the creditor, usually made through counsel.
Bank deposits, labour insurance and postal accounts have no private channel at all. They run through the enforcement court.
FAQ
- Can we start before the judgment is final?
- The public part, yes. Land records, company registrations and auction notices need no enforcement title. If you fear the other side is stripping assets during litigation, discuss a provisional attachment with counsel. It requires a prima facie showing of the claim and of the need for security, and usually a deposit.
- The debtor's name is already empty. Is there anything left to do?
- Look at the timeline. When was each asset transferred, to whom, and for what consideration. A gratuitous transfer to a spouse or relative shortly before or after judgment can be set aside under the Civil Code, subject to time limits. The date of the transfer and its stated cause are what matter here.
- What do I do with the schedule?
- The schedule is not itself the basis for enforcement; the title is. Its purpose is to let counsel name specific assets when applying, to give the court's enquiries a direction, and to let you judge whether the debt is worth pursuing further.