EXECUTION OF FOREIGN JUDGMENTS IN TAIWAN

Overview of the execution of foreign judgments in Taiwan:   Asiavest has had extensive experience in the execution of foreign judgments in Taiwan and as such, we would like to give web viewers a brief insight.  Foreign judgments can be executed in Taiwan through Letter Rogatory, or by being “hand carried” through the Taiwan judicial system.  The secondary method is that which we are most familiar with and feel to be most effective.  The way that we deal with foreign judgments is as follows:

1. We have an initial meeting with our client, review all of the documentation and give the client an assessment.  We prefer dealing through a law firm, rather than dealing directly with a plaintiff.  It will be a necessity that the plaintiff be represented by an attorney in the jurisdiction of where the judgment was issued.
2. We present the documentation to one of our local attorneys in Taiwan for his evaluation and assessment.  If the Taiwan attorney feels confident that the judgment will withstand scrutiny of the Taiwan court, then the following steps are taken.
3. All documentation is translated (certified translation) from English to Chinese, in Taiwan.  This in itself is an exhaustive and expensive process.
4. The Taiwan attorney will file the request for execution order in the Taiwan court system.
5. The client issues us (Asiavest case manager) a power of attorney to act in their behalf with reference to court appearances, signing of documents, executing court orders and seizing of property.
6. The case is then submitted to the Taiwan courts, by the Taiwan attorney and our investigator. This ex parte court procedure generally entails the Taiwan court, reviewing all of the documentation from the foreign court, which has been translated to Chinese; and will ask some simplified but case specific questions to Taiwan counsel and the holder of the power of attorney , who is the official representative of the plaintiff.
7. Once the Taiwan court has heard the unopposed evidence (over several court appearances) substantiating the foreign judgment and its legality, the court will then require a cash deposit equal to one third of the total amount set for seizure, to be posted with the court.  Once the deposit is placed with the court, the court will then issue a seizure order to the Asiavest investigators.  A court officer and members of the local police department will then accompany Asiavest investigators to seize the pre-identified property of the defendant in the judgment order.
8. Once the seizure is complete, the defendant will have the opportunity to appear in court and explain why he/she feels the judgment is not valid.  After hearing the defendant’s arguments, the court will make a final determination on validity of the judgment.  If the court rules in favor of the plaintiff, their one third deposit will be refunded and they will have legal possession of all seized property.  Should the court rule in favor of the defendant, then the deposit posted by the plaintiff would be forfeited and all seized property returned to the defendant.  Generally when the court rules in favor of a defendant it is because of mistaken identity or the fact that the original claim was completely baseless; or that the appeal process had not run out.

The above process entails several court appearances and the entire process takes generally from 9-12 months.  During the above process, Asiavest investigators work to identify assets of the defendant and confirm legal ownership of said assets.  A great deal of this is done utilizing surveillance of the defendant and his/her associates.  Generally the defendant will not be aware of the process entailed in items 1-7 above.  All legal and investigative fees are billed at an hourly rate and in U.S. dollars.  There are no contingency fees and as such, all work is billed off of a standardized retainer which is replenished as work proceeds forward. Because of the time and cost involved in pursuing foreign judgments in Taiwan, we would not recommend pursuing any judgment that is less than $50,000USD. There is another procedure that can be followed, which would eliminate the posting of a bond. It would entail a complete re-trial of your case in the Taiwan court system (the minimum legal retainer for this procedure would be in the general area of $15,000). This second procedure can be discussed in more detail with the client after reviewing the details of their legal action. The re-trial would be handled by local Taiwan counsel.

Disclaimer: The above information on the execution of foreign judgments in Taiwan is a very broad explanation of the process as we have experienced said process.  This process may change from time to time and or be amended.  As indicated, we are not providing legal advice.  We are only providing a generalized overview of the process which we have experienced.  A legal assessment of your particular matter would be addressed by Taiwan legal counsel.  We generally select a local Taiwan attorney that we feel has experience in these types of matters and would be able to serve our clients needs, without any conflicts of interest.  Generally it is recommended that our client have a face to face meeting with Taiwan legal counsel once they have had an opportunity to review the case.  Client will be billed for all hourly rates and any costs incurred in their behalf.  All retainers are non-refundable. Our minimum retainer, which includes the initial case review by our Taiwan attorney, is generally in the area of $5,000.  This overview has been prepared by the Taiwan office of Asiavest Investigative Services in co-operation with our United States office.  All inquiries with reference to the services of Asiavest, should be directed to our United States office at: agents911 or 702-324-0577.

  Standard Service of Process (standard service of process is quite different than dealing with foreign judgements and letters rogatory) on Taiwan and China parties, is completely different. Standard service of process usually takes us 10-21 days to complete and is much less expensive. We generally deal with these on a daily basis. Translation is not required. We are the primary firm dealing in this type of service (in Taiwan and China). Further, we only provide this service to bonadide law firms. For additional information on serving standard process/documents in Taiwan or China, contact us directly at: (702)-324-0577 0R (702)-227-7266 (Don Georgino) or go to:

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