Practice Areas
Our People
News & Resources
Book Consultation

Q
Views9,248
I intend to carry out compulsory execution against a debtor who is not repaying my money. However, I am frustrated because I do not know anything about the debtor's assets. I heard that in such a case I can search the debtor's assets through the court, so specifically, what kind of procedure is a search of a debtor's assets, and how can I apply for it?
search of a debtor's assets
Answer
Published:
Author : ChanWoo JEONG
A search of a debtor's assets is a system by which a creditor who has carried out the asset disclosure procedure under the 「Civil Execution Act」 applies to the court and can verify the status of the debtor's assets.
A creditor, after applying to the court for asset disclosure, where the debtor does not submit an asset list or it is difficult to satisfy the enforcement claim based on the submitted content alone, or where there are grounds such as detention of the debtor, can apply for an asset search through a court decision.
A search of a debtor's assets targets only limited institutions prescribed in Article 36 of the 「Civil Execution Rules」, such as public institutions·financial institutions·organizations, and the returned results are managed in the manner of an asset list.
When applying, you must, at the competent court (the court that carried out the asset disclosure), prepare and submit an asset search application, a 1,000-won revenue stamp, two service fees, and the search fee for each search institution.
That is, it is a system by which a creditor, after applying for asset disclosure, obtains the court's permission and can search for assets in the debtor's name at public institutions·financial institutions and the like.
Therefore, it can be said to be a very useful procedure for a creditor preparing compulsory execution, and even in the situation you asked about, it is judged that you can proceed after applying for asset disclosure.

Civil Execution 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0