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How do I conduct a search of a debtor's assets?
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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 to Related Inquiry
Author: 정찬우
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.
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