TAIWAN Law and Practice Contributed by: Yafen Lin, Peng-Kwang Chen, I-Ming Chen and Weiyu Chiang, Formosa Transnational
2.3 Costs and Time Taken to Enforce Domestic Judgments
Nonetheless, this petition or objection will not sus - pend an ongoing compulsory enforcement proceed - ing. In addition to the foregoing, a debtor may file an objection suit against a creditor before the court if any event arises after the enforceable title is created that extinguishes or prevents the creditor’s claim (eg, where the debtor has repaid the debts after a final and binding judgment is made). Although merely initiating an objection suit will not automatically suspend the compulsory enforcement proceeding, the court may, upon petition by the debtor, issue a ruling to suspend the compulsory enforcement if necessitated by cir - cumstances and/or after determining an adequate security. 2.6 Unenforceable Domestic Judgments As described in 2.1 Types of Domestic Judgments , declaratory judgments and formative judgments are not enforceable. In addition, an interlocutory ruling rendered during civil proceedings is not an enforce - able title. 2.7 Register of Domestic Judgments There is no central register of all judgments in Taiwan. However, with some exceptions (see further below), most court judgments are published on the Law and Regulations Retrieving System maintained by the Judicial Yuan. This official online system is accessible without any login requirements and is free of charge. To protect parties’ privacy and interests, certain types of court judgments are not published on the Law and Regulations Retrieving System, including: • juvenile protection and juvenile criminal cases; • sexual assault criminal cases; • domestic violence incidents; • civil proceedings cases involving provision of evi - dence; • civil enforcement cases involving confidentiality; and • cases involving trade secrets owned by the dis - puted party/third party.
For non-property enforcement, the cost of enforce - ment proceedings is fixed at NTD3,000 (USD101). For property enforcement, where the amount or value of the subject of enforcement is less than NTD5,000 (USD169), no enforcement costs will be charged by the court; where the enforcement amount or value is above NTD5,000, the enforcement costs charged by the court are 70 cents for every NTD100 (USD0.024). In principle, a compulsory enforcement proceeding shall be closed within two years, as required by the internal regulations of the judicial system. Among the various subjects of enforcement, an enforcement carried out by a court order against a debtor’s pay - ment claims owed by a third party is a relatively time- efficient enforcement option because the auction and sale process can be avoided. There are no post-judgment procedures in Taiwan for determining what assets the defendant holds and where they are located. A creditor shall present to the court a list of assets owned by a debtor and hence subject to the compulsory enforcement proceeding. Therefore, the key point in compulsory enforcement is identifying the assets of a debtor. Measures to obtain such information may be found in 1.1 Options to Iden- tify Another Party’s Asset Position . 2.5 Challenging Enforcement of Domestic Judgments A debtor or an interested party can file a petition with 2.4 Post-Judgment Procedures for Determining Defendants’ Assets or raise an objection to the following matters: • the enforcement order (eg, objecting on the grounds that the enforceable title has not yet been adjudicated/created); • the method of compulsory enforcement performed by the court stenographer or process server; • the procedures that the court stenographer, or process server, must comply with; and • the infringement of a debtor’s or an interested third party’s interests by any other matters.
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