PART VI DEMAND PROCEEDING
In cases where the object of a creditor's claim is the performance of a certain amount of payment in cash, other replaceable things or securities, a creditor may apply to the court for issuance of a payment order in accordance with the demand proceeding.
Applications for the issuance of a payment order and the handling thereof may be conducted through computer or other developed technological equipment as available. The Judicial Yuan shall prescribe the relevant rules.
No demand proceeding may be applied for in cases where the counter-prestation which should be performed by the applicant is not yet performed, or the service of the payment order must be effected either in a foreign country or by constructive notice.
In matters of applications for the issuance of a payment order, the court which had jurisdiction over the debtor when he/she was a defendant in accordance with the provisions of Article 1, Article 2, Article 6 or Article 20 has exclusive jurisdiction.
An application for the issuance of a payment order shall specify the following matters:
1. The parties and their statutory agents;
2. The object of the claim and the amount thereof;
3. The transactions or occurrences giving rise to such claim, and the status of performance of counter-prestation, if any;
4. A statement that a payment order should be issued; and
5. The court.
A preliminary showing shall be made on the creditor's pleadings.
The court shall issue a ruling upon the application for issuance of a payment order without examining the debtor.
Where the application for the issuance of a payment order does not conform to the requirements provided in Article 508 to Article 511 inclusive, or where the creditor's claim is found meritless according to the intention represented in the application, the court by a ruling shall deny such application. Where no payment order should be issued with regard to a specific portion of the claim, the application shall be partially denied with regard to that portion.
The ruling provided in the preceding paragraph is not reviewable.
The payment order shall indicate the following matters:
1. The matters provided in the first to the third subparagraphs inclusive and the fifth subparagraph of Article 511;
2. The debtor shall satisfy the creditor's claim and reimburse the proceeding expenses, or file an objection to the payment order with the issuing court within the peremptory period of twenty days following the service of the payment order.
3. If no objection is filed by the debtor within the peremptory period, the creditor may petition for a compulsory execution in accordance with the payment order issued by the court and a certificate that proves such an order is final and binding.
The indication of the matters provided in the third subparagraph of the first paragraph of Article 511 may be substituted with the application pleading annexed as an appendix to the payment order.
A payment order shall cease to be operative if it cannot be served upon the debtor within three months after it is issued.
In cases as provided in the preceding paragraph, where the court has issued a final-and-binding order certificate in error, and where such a certificate is revoked within five years, starting from the date recorded on the certificate, the court should notify the creditor of such an action. If the creditor initiates an action within the 20-day peremptory period after the notification is received, it is deemed that an action has been initiated when the motion for a payment order is filed; the same principle shall apply to the event when the action is initiated before the receipt of the notification.
In cases as provided in the preceding paragraph, the costs for demand proceedings shall be included as a part of litigation costs or mediation procedure costs.
The debtor may file with the issuing court an objection to the payment order in whole or in part without stating the reason therefor within the peremptory period of twenty days following the service of the payment order.
The debtor may withdraw the objection prior to a successful mediation or the conclusion of the oral argument in the first court instance, but shall bear the mediation expenses or litigation expenses.
Where the debtor does not file an objection to the payment order until after the expiration of a twenty day peremptory period, the court by a ruling shall deny such objection.
Where the debtor files an objection to the payment order within the peremptory period and in conformity with the law, the payment order shall take no effect to the extent of the objection. In such cases, the creditor's application for issuance of the payment order shall be deemed the initiation of the action or the application for mediation.
In cases provided in the preceding paragraph, the demand proceeding expenses shall be included as a part of the litigation expenses or mediation proceeding expenses.
In cases where the debtor fails to file an objection to the payment order within the peremptory period and in conformity with the law, the payment order shall be the writ of execution.
In cases as provided in the preceding paragraph, the court that adjudicates such a ruling shall provide the final and binding certificate of such a ruling.
Where the debtor claims that the creditors' rights, as stated on the payment order, do not exist and proceeds to file a petition for a declaratory judgment, the court may, on the debtor's motion, permit the debtor to provide an appropriate and solid security, and put a stay on the compulsory execution.