Q & A

Something you should know about our service in Taiwan.

  1. Who can be your collection agent in Taiwan?
  2. What is the risk of choosing a random collection agency in Taiwan?
  3. What are Lian Li’s advantages?
  4. What is the time-barred debt in Taiwan?
  5. How does a creditor discover the assets under the debtor’s name?
  6. What if a debtor hides his assets?
  7. What is the "gambling debt" in Taiwan?
  8. Is promissory note a secured way of payment for the debt?
  9. Can a creditor transfers his/her rights to a third party representative?
  10. What would happen to a creditor after the debtor is dead?
  11. What information do you need to provide to your collection agent?
  12. What are the necessary legal expenses when filing a legal action in the court?
  13. How much is the fee for the judicial enforcement?
  14. How long is a lawsuit going to take?
  15. What is the option of serving the process in Taiwan?
  16. How much time does it take to serve the process in Taiwan?
  17. Will I get a proof of the service after the service is completed?
  18. Why choose Lian Li to serve the process?
  1. Who can be your collection agent in Taiwan?

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 usually pays little interest in collection, and prefers to take hourly rates or a lump sum charges. They hesitate to accept “no collection no fee" policy.

A collection company may accept “no collection no fee" policy. However, it is important to know that not everyone can form a collection company, so its legitimacy and reputation becomes very essential. Please note that since March 2006, the Ministry of Economic Affairs has stopped granting collection business to a new company. Therefore, no collection company can be established after 2006.

Since the banks in Taiwan are highly regulated by the government, a collection agency like us who works for banks in Taiwan, is more reliable as its reputation and reliability are recognized as it has also been constantly supervised by the strictest rules from banks and government.

back Q

  1. What is the risk of choosing a random collection agency in Taiwan?

Since collection agencies in Taiwan are professionally regulated, we have a high moral and professional standard in our business. However, there are still some non-regulated companies or individuals who claim themselves as debt collectors.

Non-regulated collectors are not recognized by the Taiwan law and it is difficult to be traced even by the government. They may have the incentive to engage in improper activates, which can harm the client’s image and jeopardize it’s right. Similarly, clients can also suffer financial risks from irresponsible non-regulated collectors.

Lian Li has been in the commercial debt collection business for over twenty years, and stands as one of the largest collection company in Taiwan. Our experience includes representing clients from most major banks in Taiwan, and is recognized by our international client from United States, Japan, Hong Kong, United Kingdom and Singapore, etc.

back Q

  1. What are Lian Li’s advantages?

(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 managed by attorneys who is highly recognized in the legal industry and it is well known in the 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 all major cities in Taiwan, and we are capable of handling cases all over the nation.

back Q

  1. What is the time-barred debt in Taiwan?

The right over the debtor does not last forever. After the statute of limitation, the debtor may decline to pay the debt.
The followings are the respective statute of limitation of each debt:

Type of Debt

Years

==================

================

Bank Check

1

Merchants Debt

2

Promissory Note

3

Interest

5

Loans

15

back Q

  1. How does a creditor discover the assets under the debtor’s name?

In Taiwan, after the creditor prevails in the court, the creditor 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 any real estate records that is under the debtor’s name.

back Q

  1. What if a debtor hides his assets?

The debtor may transfer his/her properties to a third party to evade the legal enforcement from the court. In such situation, a lawsuit for restoring the property can be petitioned. A thorough study of debtor’s property records will help discover how many hidden properties there are.

back Q

  1. What is the “gambling debt" in Taiwan?

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.

back Q

  1. Is promissory note a secured way of payment for the debt?

A creditor can obtain a promissory note to secure the right of debt. However, in Taiwan, the statute of limitation for promissory note is only three years, regardless of where it was issued. A creditor with a promissory note older than three years might face difficulties in claiming his/her right.

By obtaining an additional document from the debtor, such as a loan receipt (IOU), a creditor can thereby increase the statute of limitation to fifteen years.

back Q

  1. Can a creditor transfer his/her rights to a third party?

Yes. As long as the creditor notifies the debtor about the transfer, the transferee legally resumes all rights from the creditor.

back Q

  1. What would happen to a creditor after the debtor is dead?

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:

  1. The heir is under 20 years old when debtor dies.
  2. The heir has applied for limited inheritance under the inheritance law.
  3. The heir abandons the heritage in due time.
  4. It is a surety debt which is not in default when the guarantor dies.

Please note that the new Civil Law in Taiwan effected since 2008 has dramatically changed the above situation, and granting the heir a more favorable position and the heir may enjoy limited liability under most situations.

back Q

  1. What information do you need to provide to your collection
    agent?
  • You need to provide a brief background 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 will 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.

back Q

  1. What are the necessary legal expenses when filing a legal
    action in the court?
  • Court Payment Order Fee: NTD500.
  • The Court Fee: 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.
  • Judicial Enforcement Fee: Basically 0.8% of the total amount of the enforcement. This is one time fee.
  • Attorney’s or collection agent’s fee.

back Q

  1. How much is the fee for the judicial enforcement?
The judicial enforcement expense is 0.8% of the total value of the enforcement, this expense only occurs once. There may be more extra costs, such as valuation fee and postage, etc.
The court expenses enjoy priority when recovering from the enforcement.

back Q

  1. How long is a lawsuit going to take?

Generally speaking, collection usually does not involve complicated legal disputes, and for economic reasons, it seldom goes to the second trial in the court. Therefore, the case usually closes within three months.
An experienced collector shall find all opportunities to settle the account to shorten the legal process.

back Q

  1. What is the option of serving the process in Taiwan?

Since Taiwan is not a signatory of the Hague Convention, using a process server is the best way to legally and efficiently serve the defendant. As to our knowledge, most US court will accept private process service as a valid method of delivering the summons and complaints to defendants residing in Taiwan, and Letter of Rogatory is not often used. However, the Letter of Rogatory is sometimes regarded as a more formal way of service, so clients are advised to contact the local court to make sure whether Letter of Rogatory is mandatory.

back Q

  1. How much time does it take to serve the process in Taiwan?

Based on our experience in locating and tracing the defendant, the service can be usually can be done within three to five business days, depending on the nature of the case.

back Q

  1. Will I get a proof of the service after the service is completed?

Yes, after the defendant is served, we will provide the detail of the service, and make a proof of service for your review. We will then have it notarized by the notary public of the Taipei District Court.

back Q

  1. Why choose Lian Li to serve the process?

For any legal action which consist of a defendant residing outside the jurisdiction of the forum court, serving the process becomes very critical because it may damage, even overturn the outcome of the trial.

Unlike other international process server who claims to serve everywhere in the world, Lian Li is the true local expert and never outsource the job. Therefore, we are capable of giving our client a prompt update, practical legal advice, and we take full responsibility of our job. To ensure the best quality of our job, we only charge our client once the service is completed and successful.

back Q