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Please tell me how to conduct an investigation of a debtor's assets.
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Hello. Some time ago, I lent money to an acquaintance, but even though the promised repayment deadline has long passed, I have not received back a single won. Even though I have contacted him several times, he keeps putting it off, and these days he talks as if he has no assets and seems to have no intention of repaying. Even if I proceed with a lawsuit, I first want to confirm whether there is actually money I can recover; how do I conduct an investigation of a debtor's assets?
Investigation of a debtor's assets
Answer to Related Inquiry
Author: 정찬우
Before proceeding with a lawsuit, it is most important first to confirm, through an investigation of the debtor's assets, whether you can actually recover the money.
This is because, even if you obtain a judgment, compulsory execution is impossible if there are no assets in the debtor's name.
An investigation of a debtor's assets is usually conducted through the court, and the most basic method is an application for a declaration of assets.
This is a procedure that requires the debtor personally to write out and submit to the court whether he has assets in his own name, such as deposits, real estate, and money receivable.
However, there are also cases where the debtor hides assets or does not properly record them, and in that case, with the court's permission, you can forcibly verify the assets against financial institutions or relevant agencies through an asset inquiry.
Depending on the need, a credit inquiry centered on bankbook or card usage records is also conducted in parallel to examine whether seizure is possible.
In this way, an investigation of a debtor's assets is not a mere verification procedure but a key step for deciding whether to continue with the lawsuit, so it is important to conduct it in a manner suited to the debtor's situation.
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