- Who can be your collection agent in Taiwan?
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In Taiwan, you may find a law firm or a licensed collection company as your collection agent. A law firm can do both collection and litigation, however, they normally pays little interest and expertise in collection and prefers taking hourly rates or a lump sum charges. They hesitate to accept "no collection no payment" policy.
A collection company may accept "no collection no payment" policy. However, it is important to recognize that as the levels of the collection companies vary, its reliability and reputation become more essential. Please note that since March 2006, the Ministry of Economic Affairs has stopped granting collection business to a new company. Therefore, there should be no collection company that is established after then. Whether it is a law firm or a collection company to be your collection agent, one that works for banks, like us, is more reliable as its expertise and reliability are recognized and it has also been repeatedly supervised by the strictest rules from banks and government.
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- How to choose a trustworthy collection agent?
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- By referrals: you may consult with our current or previous clients.
- By inquires: you may check the company's web site, its reputation, and its clients. Be sure to check whether it is licensed, and whether it is qualified as a collection agent by all laws.
- By interviews: you may visit the collection company.
- By trial case: you are welcomed to assign a trial case to evaluate our professionalism.
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- What are Lian Li's advantages?
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(1) We have professional and intelligent people to meet our clients' needs:Lian Li has more than two hundred employees focusing on debt collection. All collectors are qualified through the exam for professional collectors supervised by the government.
(2) We have excellent reputation and the most reliability:
Lian Li is in charged by lawyer who is-highly recognized in the legal industry and it is well known in the field of banking collection industry for over twenty years. Our clients in the banking industry continuously regard our professionalism and service as the best.
(3) We can provide services everywhere in Taiwan:
Lian Li has multiple offices in major cities such as Taipei, Taichung, and Kaoshung. We are cable of handling cases all over Taiwan.
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- What is the time-barred of debt in Taiwan?
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The right of debt is not forever. After this time-barred period, the debtor might have the right to decline to pay the debt.
The followings are the period of each debt:
Type of Debt |
Years |
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Bank check Debt |
1 |
Merchants Debt |
2 |
Promissory Note Debt |
3 |
Interests Debt |
5 |
Loans Debt |
15 |
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- How does a creditor, or his representative, find out what assets a debtor have?
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In Taiwan, after the court is in favor of the creditor, he or she can then file an application to the National Tax Bureau to review the debtor's tax records.
From the tax records, the debtor's real estates and bank information will be disclosed.
Another source is the Land Authorities Office where a creditor may review debtor's any possible real estate records.
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- What if a debtor hides his assets?
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The debtor may transfer his/her properties to a figurehead to avoid the seizure from the court. In such situation, a lawsuit for revoking the transfer can be issued so that the hidden properties can be restored to the debtor. Carefully study debtor's property records will help discover how many hidden properties there are.
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- What is the "gambling debt" in Taiwan?
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The gambling debt is by definition under Taiwan's laws as a "non obligated debt." It means that a creditor can claim for such a debt against a debtor but it is the debtor's right to pay. However, the gambling debt from places such as legitimate casinos is by laws the legitimate debt and legally claimable.
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- Is Promissory Note a secured document for a creditor's right of debt?
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A creditor can obtain a Promissory Note to secure the right of debt. However, in Taiwan, the time-barred of debit for a Promissory Note is only 3 years, no matter where it is issued. A creditor with a Promissory Note older than 3 years will have difficulties to claim his/her debts.
By obtaining an additional document from the debtor, such as a loan receipt (IOU), a creditor can thereby increase the time-barred of debt to 15 years.
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- Can a creditor transfer his/her rights to a third party representative?
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Yes. As long as the creditor notifies the debtor about the transition, the transferee legally resumes all rights from the creditor.
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- What would happen to a creditor after the debtor is dead?
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Basically, the heir assumes all the rights and obligations of the decedent, it makes the heir becoming the new debtor. But under the following situations, the heir may have the right to limit the repayment to only the extent of the heritage, or even pay nothing at all.
The four situations are:
a. The heir is under 20 years old when debtor die.
b. The heir has applied limitation inheritance in due time.
c. The heir abandons the heritage in due time.
d. It is a surety debt which is not in default when the guarantor dies.
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- What information do you need to provide to your collection agent?
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- You need to provide a brief story of the debt and any supporting documents for the facts. Unless it is required by debtor or courts, photocopies of these documents will be sufficient.
- You would need to provide the formal spellings of the debtor's name in English. Due to the different methods of translations for the Chinese characters, formal translations of a person's names will appear on his/her passport. It would be the best to obtain the spellings of debtor's names as they are appeared on his/her passport. Otherwise, the debtor's name from his/her letterhead or signature will help too.
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- What are the estimated charges for a creditor to file suit?
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a. Court Payment Order fee: NTD$1,000.
b. The court fees: Basically, 1.1% of the total amount of the claim (debt) for the first trial, and 1.7% of the total amount of the claim (debt) for the second and third trail.
c. Juridical enforcement fee: Basically 0.8% of the total amount of the enforcement. This is one time fee.
d. Lawyer's or collection agent's charges.
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- How much expense does creditor need to pay for the judicial enforcement?
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The judicial enforcement expense is 0.8% of the value of the enforcement, this expense only pay once. There may be some more extra costs, such as valuation fee, postage etc.
The court expenses enjoy priority to be recovered from the enforcement.
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- How long is a lawsuit going to take?
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For a collection case normally it shall not be too complicated in legal dispute, and for economic reasons, seldom goes to second trial. So, first trial judgment shall be done in three months.
An experienced collector shall find all opportunities to settle the account to shorten the legal process.
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