Taiwan - Attachment of Assets
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (attachments)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
There are two types of interim judicial measures set out in Part VII of the Code of Civil Procedure that provide provisional relief and prevent debtors from dissipating his/her assets pending judgments in Taiwan: provisional attachments and provisional injunctions.
Provisional attachments may be obtained by filing an application with the court regarding monetary claims or claims exchangeable for monetary claims for the purpose of securing the satisfaction of a compulsory execution. Provisional injunctions may be obtained to secure the enforcement of non-monetary claims by appointing a manager, compelling or prohibiting the debtor from conducting certain acts.
In some cases, a preservation of evidence filing may also be used as a way to prevent the destruction or onward sale of items of value pending the completion of litigation. Such items to be preserved must have evidentiary value and there should be some anticipated risk to the items if not preserved by the court.
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
Both provisional attachment and provisional injunction are in the form of a court order, which may be obtained by filing an application with the court on an ex parte basis.