Hi all,
I am new to this forum and am asking if anyone can inform (not advise) me on a legal matter. I am in negotiations with the Canadian Department of Justice to pay back my Canada student loan (Yes, I let it slide quite a bit). They say they have already achieved a judgement against me in Canada, which seriously limits my rights and negotiating power. However, I was never informed of the court date wherein this judgement was made. Now they say they can have it enforced here in Taiwan. I know that Canada and Taiwan have a reciprocal agreement regarding enforcing money judgements in each others’ country, but I am not sure if they have followed legal procedure properly vis a vis the in absentia court judgement. As I say, I was never contacted on that, yet they seem capable of contacting me now with a document demanding payment. I intend on paying what’s owed, but how I pay it and how much interest I can get rid of is dependent on leverage. So, anyone with experience or knowledge in this area? Cheers.
The primary statute regulating the enforcement of foreign judgments in Taiwan is ROC Code of Civil Procedure (CCP). According to Article 402 of the CCP, no final judgment rendered by a foreign court shall be valid in Taiwan if any one or more of the following circumstances exist:
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The foreign court that rendered the subject final judgment has no jurisdiction over the case according to Taiwan law;
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The foreign court rendered a default judgment, and the summons or court orders necessary for commencement of the action were NOT duly served on the defaulting party in that foreign country or through judicial assistance in Taiwan;
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The judgment rendered by the foreign court is deemed inconsistent with Taiwan’s public order or good morals; or
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Judgments rendered by Taiwanese courts are not reciprocally recognized by the subject foreign court.
From the provisions above, it can be generally stated that Taiwanese courts will recognize and enforce foreign judgments which satisfy ALL of the following:
Proper Service Requirement
Article 402 provides that a foreign final default judgment shall not be enforceable in Taiwan if the defaulting party was not properly served with the summons or order necessary for commencement of the action. If the defaulting party has been duly served with the summons or order in the country of the foreign court, or if he has been served through judicial assistance in Taiwan, process will be deemed by Taiwanese courts to have been properly served.
[quote=“Gwangong”]Hi all,
I am new to this forum and am asking if anyone can inform (not advise) me on a legal matter. I am in negotiations with the Canadian Department of Justice to pay back my Canada student loan (Yes, I let it slide quite a bit). They say they have already achieved a judgement against me in Canada, which seriously limits my rights and negotiating power. However, I was never informed of the court date wherein this judgement was made. Now they say they can have it enforced here in Taiwan. I know that Canada and Taiwan have a reciprocal agreement regarding enforcing money judgements in each others’ country, but I am not sure if they have followed legal procedure properly vis a vis the in absentia court judgement. As I say, I was never contacted on that, yet they seem capable of contacting me now with a document demanding payment. I intend on paying what’s owed, but how I pay it and how much interest I can get rid of is dependent on leverage. So, anyone with experience or knowledge in this area? Cheers.[/quote]
first of all, i paid back my student loan in 2 years…feel great about it. although that’s 25 k canadian that i don’t have. over the years, i have met a few habs that have defaulted on their loans for various reasons. But one thing i have heard out of them is that they stayed out of canada for 7 years- basically they went bankrupt at the age of 25. if that’s your cup of tea…