Enforcement of US Judgment in Taiwan, how!?

Okay, you have gotten a judgment in the US. Now what?

The Taiwan Code of Civil Procedure and the Taiwan Code of Enforcement govern the enforcement of a US judgment. The Taiwan Code of Civil Procedure 402 recognizes a final and binding judgment rendered by a foreign court unless such judgment violates due process of law or the public policy of Taiwan (i.e., tremble damage in a federal statute). This is the first step is to file a petition for such recognition; when you pass this hoop, the US judgment can be enforced in Taiwan by filing a petition for enforcement in a Taiwanese court. 

This hoop requires that all the legal documents for the recognition and enforcement must be written or translated into Chinese, including the judgment itself and its exhibits. Yes, ALL OF THEM!

The next hoop is that the US judgment satisfies both procedural and substantive requirements under the Taiwan Code of Civil Procedure. This US judgment must satisfy Taiwan Code of Civil Procedure Section 402. Section 402 has four exceptions which they would preclude such recognition.

The US judgment will not be recognized if (1) the foreign court lacked jurisdiction pursuant to the Taiwanese laws; (2) a default judgment is rendered against the losing defendant without proper service of process; (3) the enforcement would be against Taiwanese public policy; (4) there exists no mutual recognition between the foreign country and Taiwan.

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Mr. Wang is bilingual in English and Chinese. As authorized to practice in both Taiwan and the United States, he is fluent in both Chinese and English legal writing. Mr. Wang handles judgment enforcement in Taiwan and several federal courts in the United States.

"Blessed are the peacemakers, for they shall be called sons of God." (Matthew 5:9) Any questions, email to jake.sc.wang@gmail.com