Prosecuting someone for theft (or embezzlement, or suing for debt)

I’d go with the family approach first, if a lawyer contacts them and gets their back up you’re done.

I would have no problems prosecuting him either civil or criminal.
I want my stuff or I want the monetary value of my stuff.

1 Like

What do you mean? The family doesn’t like me either. What am I gonna do?

1 Like

I don’t know a lot about Taiwanese law, but typically only a government can prosecute someone, and prosecuting deals exclusively with criminal charges.

1 Like

Oh, OK, I thought it was that they didn’t like him.

image

Could try having a local friendly cop giving them a call with a heads up, if you know a local friendly cop.

But I can press charges, right?

Sure. It might not be technically theft but misappropriation of goods, but there’s an obvious cause of action.

I’m just sorry as I can’t help as my Chinese just wont be enough for something like this.

1 Like

No worries.

I still think a lawyer will be the best in terms of recommending the best course of action after I give him/her all my proof

A civil suit might be the easiest i.e. sue him, a lawyer could draw that up for you for about 5 or 10k and then you may have 5k in court processing fees. They set a date and you both turn up and he will be asked to explain why he is not returning your stuff.

4 Likes

You can, just keep in mind that it may cost you more than you may get back. Taiwan is pretty safe for cheaters, that’s first hand experience. Not saying you should not do it, but I guess your estimations of the process and outcome are very different from the reality.

That’s OK. I don’t want him to get away with it scott free. I’ll take him down with me if I have to.

1 Like

I would give him one last chance to hand over they money. Give him a week or you start legal action. I guess you will need the lawyer this type of dispute and the use of lawsuits to resolve such are extremely common in Taiwan.

And remember it is often better for the both of you to settle things outside of the court rather than take it to court.

1 Like

It sounds like you’re pretty angry with the guy, which is understandable, but don’t let emotion get in the way of achieving your goal–which is getting your stuff back at minimum cost to you.

Understood. Appreciated.

I reckon the you have a ten per cent chance of getting it back without suing but you must give it one last chance.

Certainly considered but I do need to prep first.

But one thing is…I’ve not gotten any lawyers yet. Anyone know any lawyers that can help?

This blog post is directed to foreign corporates, and it covers the kind of thinking you should have going into any legal dispute

http://www.winklerpartners.com/?p=8952

Here is the website for the Legal Aid Foundation, where you can seek legal advice before engaging a lawyer

https://www.laf.org.tw/en/index.php?action=faq&Sn=130

You should be able to find a Taiwanese private practice attorney (i.e., with their own practice, so less overhead than a firm) who you might consult. Will ask around as well.

200k may not be worth your time if this proceeds – as others have said, try to explore a negotiated settlement (offer to get back less). From my own experience, if it gets to court, you will wind up needing multiple hearings to get even the simplest things resolved, and hearings are scheduled weeks/months apart. THAT alone will infuriate you

5 Likes

A friend of mine in Taiwan who filed a civil suit against someone (not the same kind of situation that you described) noted that LINE messages would not be considered sufficient proof. I’ve asked for a reference about that, but either way you may want to consider this possibility as you plan your next moves

1 Like

I’ve mentioned to the OP if he has a contract, and without that there’s probably not much can be done about it.

The problem with LINE message, emails, or other online communication is, there’s an element of reasonable doubt. The other guy could simply claim that someone hacked his account or something. Accounts get hacked all the time. So without legal contracts, you can’t even prove the transaction occurred.