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Chapter I: General Provisions
Article 1
Civil compulsory enforcement matters shall be carried out by the civil enforcement departments incorporated in district courts and their branches.
Compulsory enforcement shall be carried out in accordance with the principles of fairness and reasonableness, balancing the interests of creditors, debtors, and other interested parties, in an appropriate manner, and to the degree no more than necessary to achieve the enforcement purpose.
Article 2
The civil enforcement departments shall institute judges, judicial associate officers, clerks, and process servers to carry out the enforcement matters.
Article 3
Compulsory enforcement matters shall be carried out by process servers under the supervision of clerks by orders of judges or judicial associate officers.
The matters to be carried out by judges as prescribed in this Act may be carried out by judicial associate officers, except for the arrest or custody.
Article 3-1
When met with resistance while carrying out the enforcement duties, the enforcement official may carry it out by force, provided that the performance does not exceed the necessary degree.
To prevent resistance or under other necessary circumstances, the enforcement official may request the assistance from the police or related authorities when carrying out the compulsory enforcement.
In circumstances described in the preceding paragraph, the police and related authorities are obliged to assist.
Article 4
The compulsory enforcement can be carried out on the grounds of the following enforcement titles:
1. An irrevocable final judgment.
2. A decision authorizing the provisional seizure, provisional injunction, or provisional enforcement, or any decision that authorizes the compulsory enforcement pursuant to the Code of Civil Procedure.
3. A settlement or mediation pursuant to the Code of Civil Procedure.
4. A notarized document authorizing the compulsory enforcement pursuant to the Notary Act.
5. A ruling of the court authorizing the compulsory enforcement that grants a mortgagee's or pledgee's petition to auction the mortgaged or pledged property.
6. Others that can serve as enforcement titles pursuant to other laws.
With regards to the enforcement titles containing conditions, time limits, or requiring security to be furnished by the creditor, the compulsory enforcement may be commenced only after the conditions have been fulfilled, the time limits have elapsed, or the security has been furnished.
With regards to the enforcement titles with a counter-prestation, the compulsory enforcement may be commenced only after the creditor has fulfilled the prestation or tendered the prestation.
Article 4-1
Petitions for the compulsory enforcement on the grounds of an irrevocable foreign court judgment is permissible for compulsory enforcement only when none of the conditions enumerated under Article 402 of the Code of Civil Procedure apply and a court of the Republic of China has approved the enforcement by a judgment.
The suit petitioning for the permission of enforcement in the preceding paragraph is jurisdicted by the court in the place of the debtor's domicile. Where the debtor has no domicile in the Republic of China, the suit is jurisdicted by the court where the object of the enforcement is located or where the enforcement action shall be performed.
Article 4-2
Where the enforcement title is based on an irrevocable final judgment, in addition to the parties, it will also be binding upon the following persons:
1. A person who becomes a party's successor and a person who possesses the claimed object for the parties or their successors after the initiation of the action.
2. A person who has another act as the plaintiff or the defendant for him/her, and his/her successors and a person who possesses the claimed object for him/her or his/her successors after the initiation of the action.
The provisions of the preceding paragraph applies mutatis mutandis to the enforcement titles prescribed in Article 4 paragraph 1 subparagraphs 2 to 6.
Article 5
A creditor petitioning for a compulsory enforcement shall, in written briefs, submit the following information to the enforcement court:
1. The parties and the statutory agent.
2. The petitioned right to be performed.
The petition should indicate the objects of enforcement, the enforcement act to be carried out, or other matters prescribed by this Act.
Where the debtor becomes deceased after the the compulsory enforcement commences, the compulsory enforcement may continue.
Where the debtor becomes deceased under the following circumstances, the enforcement court may, upon the petition by the creditor or interested parties, appoint a special agent, except when the debtor already has a will executor or estate manager:
1. Whether the debtor has a successor is unclear;
2. The location of the successor is unclear;
3. Whether the successor acknowledges the inheritance is unclear;
4. The successor, for reasons, is unable to manage the estate.
Article 5-1
Where the enforcement title on which the creditor is petitioning for compulsory enforcement orders the debtor's payment in installments, upon the expiration of each installment period, the enforcement court may continue with the enforcement upon the creditor's petition.
Article 5-2
A creditor with an enforcement title who, on his or her own, restrains the debtor's liberty or seizes the debtor's property and petitions the court to handle it pursuant to Civil Code Article 151 shall carry it out in accordance with the related enforcement procedures provided under this Act.
A creditor who has not petitioned the court for compulsory enforcement in circumstances prescribed in the preceding paragraph is deemed as to have petitioned for the compulsory enforcement.
Article 6
A creditor petitioning for the compulsory enforcement shall submit the evidentiary documents pursuant to the following rules:
1. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 1, the creditor shall submit an original copy of the judgment and a certificate to the effect that the judgment has become irrevocable or the original copies of judgments rendered by courts of all instances.
2. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 2, the creditor shall submit an original copy of the decision.
3. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 3, the creditor shall submit an original copy of the transcript.
4. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 4, the creditor shall submit the notarial deed.
5. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 5, the creditor shall submit the document evidencing the claim and the mortgage or the pledge and the original copy of the ruling.
6. For a petition filed pursuant to Article 4 paragraph 1 subparagraph 6, the creditor shall submit the evidentiary document that may serve as the enforcement title.
Where the evidentiary document prescribed in the preceding paragraphs has not been submitted, the enforcement court shall investigate and review the court files, except when the court receiving the petition is not the original court of first instance.
Article 7
An compulsory enforcement is jurisdicted by the court in the location of the object to be enforced or the location where the enforcement action shall be carried out.
Where the location of the object to be enforced or the location where the enforcement action should be carried out is unclear, the compulsory enforcement is juridicted by the court in the location of the debtor's domicile, residence, public office, private office, or place of business.
Where multiple courts have jurisdiction over the same compulsory enforcement, the creditor may petition to any one of the courts.
Where the court accepting the compulsory enforcement needs to carry out the enforcement in the jurisdiction of another court, it shall designate that court to carry it out.
Article 8
Where a dispute arises with regards to the subject matter and scope of the compulsory enforcement, the enforcement court shall investigate and review the court files.
Where another court needs to use the court files prescribed in the preceding paragraph, the enforcement court shall make a transcript or an abridged copy or designate the other court to deliver a transcript or an abridged copy.
Article 9
Prior to the commencement of the compulsory enforcement, the enforcement court does not need to summon the parties unless it finds it necessary to investigate into the statutory requirements related to the compulsory enforcement or the object of the enforcement.
Article 10
The enforcement court may defer the implementation of the compulsory enforcement upon obtaining the creditor's consent.
The time for the enforcement deferral in the preceding paragraph cannot exceed three months. Where the creditor petitions to resume the enforcement, the court is limited to re-consenting to the deferral of the enforcement one time. Upon the expiration of each deferral period, a creditor who does not petition to resume the enforcement within ten days upon the enforcement court's notice is deemed to have withdrawn his or her compulsory enforcement petition.
During the implementation of the compulsory enforcement, if unusual circumstances render it manifestly inappropriate to continue the enforcement, the enforcement court may change or extend the date of enforcement.
Article 11
Where the acquisition, creation, loss, or alteration of the property right subject to the compulsory enforcement shall be registered pursuant to the laws, the enforcement court shall immediately notify the registration authority to register the events when carrying out the compulsory enforcement.
To perform the notification in the preceding paragraph, the enforcement court may, upon the creditor's petition, authorize the creditor to directly deliver the notice to the registration authority for registration.
Where the debtor, on the basis of succession, compulsory enforcement, expropriation, or court judgment, has obtained the property right of the immovable property before the registration, the enforcement court may, upon the creditor's petition and at the debtor's cost, carry out the enforcement after notifying the registration authority to register the property under the title of the debtor.
The preceding paragraph applies mutatis mutandis to the continued compulsory enforcement prescribed in Article 5 paragraph 3 under which an inheritance registration is necessary, without prejudice to the successor's right to waive or limit his/her inheritance right.
Article 12
A party or interested party may, prior to the conclusion of the compulsory enforcement proceedings, file a petition or raise an objection with regards to the enforcement court's enforcement order, the method of compulsory enforcement performed by the enforcement judge, clerk, or process server, the procedures to be followed during the compulsory enforcement, or other events infringing the petitioner's interests, provided that the compulsory enforcement proceedings do not suspend as a result.
The enforcement court makes a ruling on the petition or objection in the preceding paragraph.
The ruling in the preceding paragraph may be appealed.
Article 13
Where the enforcement court finds merit in the petition, objection, or appeal in the preceding article, it shall revoke or correct the original disposition or proceeding.
Before the revocation or correction in the preceding paragraph becomes irrevocable, the enforcement court may, in necessary circumstances or after determining an adequate and full security upon the petition, make a ruling to suspend the enforcement of the revocation or correction ruling.
The parties cannot appeal the ruling in the preceding paragraph.
Article 14
Where any event extinguishing or preventing the creditor's claim arises after the enforcement title is created, the debtor may, prior to the conclusion of the compulsory enforcement proceedings, institute an objection suit against the creditor before the enforcement court. Where the enforcement title is a court decision, and the facts supporting the objection occurred after the oral hearings of the original suit are concluded, a debtor may also institute an objection suit.
Where the enforcement title does not have the same effect as an irrevocable court judgment, the debtor may, prior to the conclusion of the compulsory enforcement proceedings, institute an objection suit if the claim does not exist or the events extinguishing or preventing the creditors' claim arise before the enforcement title is created.
Where a debtor instituting a suit pursuant to the preceding two paragraphs have multiple grounds and facts for raising the objection, he/she shall assert them altogether. If he/she fails to assert them altogether, he/she may not institute a separate objection suit.
Article 14-1
Where a creditor petitions for the compulsory enforcement pursuant to Article 4-2, and the debtor argues that the petition is beyond the scope of the enforcement title, the debtor may, before the conclusion of the compulsory enforcement proceedings, institute an objection suit to the enforcement court.
Where the enforcement court rules to overrule a compulsory enforcement petition instituted by the creditor pursuant to Article 4-2, the creditor may institute an enforcement permission suit against the debtor to the enforcement court within 10 days of the invariable period after the ruling is serviced.
Article 15
Where a third party holds rights over the object of the enforcement that may sufficiently prevent the compulsory enforcement, he/she may, prior to the conclusion of the compulsory enforcement proceedings, institute an objection suit to the enforcement court. Where the debtor also denies such rights, the third party may also list the debtor as the defendant.
Article 16
Where the debtor or a third party is eligible to institute an objection suit against the compulsory enforcement matter, the enforcement court may direct him/her to institute a separate suit or inform the creditor and revoke the compulsory enforcement upon the creditor's consent.
Article 17
Where the enforcement court discovers that the property reported by the creditor does not belong to the debtor, it shall order the creditor to provide another investigation report. Where it discovers this after the commencement of the compulsory enforcement, the enforcement court shall revoke its enforcement disposition.
Article 18
Unless provided otherwise by other laws, the compulsory enforcement proceedings shall not be suspended after its commencement.
Where a recovery of status quo ante is petitioned, a rehearing or objection suit is instituted, a continuation of a trial against a settlement is petitioned, a suit to declare a mediation invalid or to revoke a mediation is instituted, or an appeal against a ruling authorizing a compulsory enforcement is instituted, the court may, in necessary circumstances or after determining an adequate and full security upon the petition, make a ruling to suspend the compulsory enforcement.
Article 19
Where the enforcement court considers it necessary to investigate into the compulsory enforcement matter, it may order the creditor to investigate and report or proceed with an investigation on its own authority.
The enforcement court may investigate into the debtor's financial situation from tax or other related authorities, organizations, or persons knowledgeable of the debtor's assets. The investigated party may not reject it, except when the investigated party is a natural person with a justifiable reason.
Article 20
Where the discovered property of the debtor is insufficient to repay the claim for the petitioned compulsory enforcement or the debtor's property to be submitted cannot be located, the enforcement court may, upon the creditor's petition or on its own authority, determine a period and order the debtor to accurately report his or her property subject to the compulsory enforcement within one year prior to the expiration of the determined period.
Where the debtor violates the preceding paragraph and does not provide a report or provides a fraudulent report, the enforcement court may, upon the creditor's petition or on its own authority, order the debtor to furnish the security or to perform its enforcement obligations within a time limit.
Where the debtor does not furnish an adequate security or fulfill its obligations in the time limit as provided in the preceding paragraph, the enforcement court may, upon the creditor's petition or on its own authority, place the debtor into custody, provided that the enforcement court cannot do it without interrogating the debtor and confirming that the debtor is not unable to report his/her property situation.
Article 21
Where the debtor is in one of the following situations, which renders it necessary to compel his/her appearance, the enforcement court may arrest him/her:
1. After being duly notified, the debtor fails to appear in the court without any justifiable reason.
2. Sufficient facts support that the debtor is likely to flee or hide.
Where the debtor is in the situations prescribed in the preceding paragraph, the associate judicial officer may report and request the enforcement court to arrest him/her.
After the debtor appears at court through an arrest, the enforcement court may hand him/her over to the associate judicial officer for questioning.
After questioning, the associate judicial officer shall submit a written report to the enforcement court.
Article 21-1
An arrest shall be based on an arrest warrant.
An arrest warrant shall state the following information and be signed by the enforcement judge:
1. The arrestee's name, gender, age, place of birth, and domicile or residence. When necessary, the warrant shall state the arrestee's identifiable traits. However, if the age, place of birth, or domicile or residence is not known, the warrant needs not state such information.
2. Case cause.
3. Reason for the arrest.
4. The day, time, and place that the arrestee shall appear.
Article 21-2
The process server carries out the arrest.
Article 22
Where the debtor is in one of the following situations, the enforcement court may, upon the creditor's petition or on its own authority, order the debtor to furnish a security or perform his/her obligations within a time limit:
1. The facts sufficiently support that the debtor is able to perform his/her obligation but intentionally refuses to perform it.
2. The debtor is found to conceal or dispose the property subject to the compulsory enforcement.
Where the debtor is in one of the situations prescribed in any of the subparagraphs of the preceding paragraph, and the facts sufficiently support that the debtor is likely to flee or hide or for any other necessary reasons, the enforcement court may, upon the creditor's petition or on its own authority, restrict the debtor's living quarters to a limited area, provided that the restriction shall be removed if the debtor has furnished an adequate security, the reason for the restriction has been extinguished, or the enforcement has been concluded.
The restriction of the living quarters and its removal prescribed in the preceding paragraph shall be notified to the debtor and related authorities.
Where a debtor violates the order restricting his/her living quarters prescribed in paragraph 2 without any justifiable reason, the enforcement court may arrest him/her.
Where the debtor fails to furnish the security or perform its obligations within a time limit in accordance with an order pursuant to paragraph 1 or violates the order restricting his/her living quarters pursuant to paragraph 2 without a justifiable reason, the enforcement court may, upon the creditor's petition or on its own authority, place the debtor into custody, provided that placing the debtor into custody is not permitted if the enforcement court does not interrogate the debtor and finds it manifestly difficult to proceed with the compulsory enforcement without placing the debtor into custody.
Where a debtor appears through an arrest, notification, or on his or her own, and the associate judicial officer finds, after questioning, that the above situations apply and placing the debtor into custody is necessary, it shall report and request the enforcement court to carry it out pursuant to the preceding paragraph.
Article 22-1
A custody shall be based on a custody warrant.
A custody warrant shall state the following items and be signed by the enforcement judge:
1. Name, gender, age, place of birth, and domicile or residence of the person being held in custody. When necessary, the warrant shall state the person's identifiable traits.
2. Case cause.
3. Reason for custody.
Article 22-2
The process server enforces the custody by escorting the person to be placed into custody to the custodian institution.
The head of the custodian institution, upon review, shall sign the custody warrant and note on the custody warrant the year, month, date, and time the person was escorted to the institution.
Article 22-3
Where the debtor is in any one of the following situations, he/she shall not be placed into custody. Where the situation occurs after the debtor has been placed into custody, the custody shall be suspended:
1. The debtor's family is likely to have difficulty in maintaining a living if the debtor is placed into custody.
2. The debtor is over five months pregnant or within two months postpartum.
3. The debtor has an illness that might not be able to be treated if being placed into custody.
Article 22-4
The person being placed into custody shall be released upon any one of the following circumstances:
1. The reason for the custody is extinguished.
2. An adequate security has been furnished for the debt.
3. The period of custody has expired.
4. The enforcement has been concluded.
Article 22-5
Unless provided otherwise in this Act, the provisions of the Code of Criminal Procedure pertaining to the arrest and detention apply mutatis mutandis to the arrest and custody.
Article 23
Where the debtor furnishes a security pursuant to Article 20 paragraph 2, Article 22 paragraphs 1 and 2, and Article 22-4 subparagraph 2, the enforcement court may permit a person with asset in its jurisdiction to issue a guarantee letter to replace it.
Where the person issuing the guarantee letter as prescribed in the preceding paragraph states in the guarantee letter that he/she is responsible for repaying or compensating a certain amount of money once the debtor flees or fails to perform the obligation, the enforcement court may carry out the compulsory enforcement directly against him/her upon the creditor's petition.
Article 24
The duration of a custody shall not exceed three months.
Where a new reason for the custody occurs, the debtor may be placed into custody again, provided that this is limited to one time.
Article 25
The obligations of the debtor to perform the debt shall not be exempted by the fact that the debtor or another person that may be placed into custody pursuant to this Act has been placed into custody.
The provisions governing the arrest, custody, restrictions to living quarters, reporting, and other obligations of the debtor also apply to the following persons:
1. The debtor's statutory agent where the debtor has no or limited capacity to perform any juristic act.
2. The debtor's property manager where the debtor is missing.
3. The debtor's successor, estate manager, will manager, or special agent where the debtor is deceased.
4. The responsible person of a legal entity or a non-legal group and the manager of a sole proprietorship.
Where the person prescribed in any subparagraph of the preceding paragraph carries the reporting or other obligations or reasons for the arrest, custody, and restrictions to living quarters before becoming disqualified or dismissed from their roles, the enforcement court may still, within the necessary scope of the enforcement, order him/her to fulfill their obligations or arrest him/her, place him/her into custody, or restrict his/her living quarters even after they have become disqualified or dismissed from their roles.
Article 26
The incorporation and management of the custodian institution shall be governed by laws.
Article 27
Where the debtor has no property for the compulsory enforcement or has property but the amount derived from the compulsory enforcement is insufficient to repay his/her debts, the enforcement court shall order the creditor to investigate and report the debtor's property within one month. Where the creditor fails to report or reports that no property is found on the expiration of the period, the court shall issue a certificate to the creditor for its receipt which states that the compulsory enforcement will be resumed upon discovering the property of the debtor.
Where the creditor petitions for the enforcement and reports that the debtor has no property to be enforced, the court may directly issue the certificate.
Article 28
The costs of the compulsory enforcement, limited to the necessary extent, shall be borne by the debtor and be recovered together with the claim on which the compulsory enforcement has proceeded.
The enforcement court may order the creditor to advance the costs prescribed in the preceding paragraph.
Article 28-1
Where the compulsory enforcement proceeding cannot proceed due to the following circumstances, the enforcement court may make a ruling to overrule the petition for the compulsory enforcement and revoke any enforcement disposition that has already been carried out after the ruling becomes irrevocable:
1. The creditor, under obligations to perform certain necessary acts during the enforcement proceeding, fails to comply without any justifiable reason and, after the enforcement court re-determines a time limit and orders him/her to comply, remains failing to comply within the time limit without a justifiable reason.
2. The creditor fails to advance the costs when the enforcement court orders the creditors to advance the necessary enforcement costs within a time limit.
Article 28-2
For the civil compulsory enforcement, where the amount or value of the subject of enforcement is less than NTD 5,000, no enforcement costs will be charged. Where the enforcement amount or value is above NTD 5,000, the enforcement costs are 70 cents for every NTD 100 dollars. The miscellaneous amount or value less than NTD 100 is deemed as NTD 100.
The preceding paragraph applies to creditors petitioning to participate in a distribution.
For cases enforcing a non-property, the enforcement costs are NTD 3,000.
Where the court enforces a penalty or default surcharge pursuant to laws, no enforcement cost will be charged.
Where the court collects a temporarily-waived cost or an advance paid by the national treasury pursuant to laws, the enforcement costs will be temporarily waived and deducted from the enforcement proceeds.
Meals, accommodations, and transportation costs of the enforcement officials will not be separately charged.
Article 28-3
Where a creditor petitions for the enforcement and the enforcement court directly issues a certificate pursuant to Article 27 paragraph 2, the enforcement costs charged are NTD 1,000. However, where the enforcement costs to be charged as calculated pursuant to paragraph 1 of the preceding article are lower than NTD 1,000, the charged costs shall be calculated pursuant to that provision.
Where the creditor petitions for the enforcement based on the certificate pursuant to the preceding paragraph and is directly issued a certificate pursuant to Article 27 paragraph 2, no enforcement costs will be charged.
Where a creditor petitions for the compulsory enforcement against the debtor's property based on the certificate pursuant to the preceding two paragraphs, the enforcement court shall collect the difference in enforcement costs as calculated pursuant to paragraph 1 of the preceding article 27.
Article 29
Where a creditor may recover from the debtor the paid costs of the compulsory enforcement, he/she may, pursuant mutatis mutandis to Article 91 of the Code of Civil Procedure, petition the enforcement court to confirm the final amount.
The costs of the preceding paragraph and other costs incurred for the mutual benefit of creditors which are recoverable from the debtor may have priority over the property subject to the compulsory enforcement.
Article 30
Where the compulsory enforcement is based on a court judgment and such judgment has been modified or vacated, the court where the suit was instituted shall, upon the debtor's petition, order the creditor to pay back the costs of compulsory enforcement in its judgment.
Provisions of the preceding paragraph shall apply mutatis mutandis to enforcement titles other than a court judgment when they are revoked.
Article 30-1
Unless provided otherwise in this Act, the provisions of the Code of Civil Procedure apply mutatis mutandis to the compulsory enforcement proceedings.