Crashed into and they have no money? Step one is an enforcement title, not a lawsuit

You were hit, the car is wrecked, you are hurt, and the other driver's answer is "I have no money". The instinct is to sue, but until you win you cannot even find out whether they have money. Taiwanese law requires one piece of paper first, the enforcement title under Article 4 of the Compulsory Enforcement Act. With it, the tax office lets you pull their asset list and the court seizes their money for you. This is Part 2 of the no-money series: three routes to that paper.

01What an enforcement title is, and why you cannot skip it

Article 4 of the Compulsory Enforcement Act lists the documents that allow enforcement: a final judgment, a court-approved mediation agreement, a final payment order, a settlement record and a few others. These are enforcement titles. Without one you are just someone who says they are owed money; with one you are a creditor the law recognises, and only then can you pull asset lists, garnish bank accounts and salary, or auction a car.

02Route 1: district office accident mediation (free, fastest)

Apply for mediation of the accident claim at the mediation committee of the township or district office where the accident happened or where the other driver lives. It is free.
Bring: the accident registration slip, the preliminary analysis report (available from the police traffic unit 30 days after the accident), vehicle registration, driving licence, ID card, seal, repair quotes, medical bills and receipts, proof of lost work days.
If an agreement is reached, the office sends it to the court for approval; once approved it has the same effect as a final judgment under Article 27 of the Mediation Act, so it is an enforcement title.
If the other side does not show or will not agree, take the certificate of failed mediation and use route 2 or 3.

03Route 2: payment order (NT$500, no hearing)

Apply at the district court where the other driver lives. The Judicial Yuan website has a sample 支付命令聲請狀; the fee is NT$500 (Code of Civil Procedure Articles 508 and 77-19).
List the amounts claimed: repair costs, medical costs, transport, lost income, pain and suffering, each with its receipt.
If they do not object within 20 days of service, the order is final (Articles 516 and 521) and is an enforcement title.
If they object, the case automatically becomes an ordinary lawsuit.

Judicial Yuan: sample pleadings, online filing

04Route 3: if you were injured, file for negligent injury and attach the civil claim (no court fee)

Negligent injury under Criminal Code Article 284 is prosecuted only on complaint, and the complaint must be filed within 6 months of learning who the offender is, at a police station or the prosecutors' office.
Once the prosecutor indicts, file a civil claim attached to the criminal case (Code of Criminal Procedure Article 487). Under Article 504 no court fee is charged.
When the criminal judgment and the attached civil judgment become final, the civil judgment is your enforcement title. In many cases the other driver settles during the criminal process to get a suspended sentence, and that settlement record can be enforced too.

05Where to get help

Preliminary accident analysis report: from the police traffic unit that handled the crash, 30 days after the accident.
Disputed fault: apply for an appraisal from the regional vehicle accident appraisal committee (a fee applies).
Free advice: Legal Aid Foundation national line 412-8518, the litigation guidance desk at every district court, and city government legal consultation services.

Legal Aid Foundation (412-8518)
Judicial Yuan — Litigation guidance desks at district courts

06The rest of the no-money series

This guide is one of five in the no-money series. Every part has a reel on Instagram @lawbao.tw; comment the keyword under a reel and the full guide for that part lands in your DMs.

Part 1 | Crashed into and they "have no money"? How to check — Instagram reel
Part 2 | Step one is not suing: get an enforcement title first (this one) — Comment "名義" on the reel to get this link
Part 3 | Check their assets at the tax office — Comment "查產" on the reel to get this link
Part 4 | Insurance surrender value can be seized too — Comment "保單" on the reel to get this link
Part 5 | They moved the assets away? There is a fix — Comment "脫產" on the reel to get this link

07Things to watch

The civil claim for tort damages expires 2 years from learning of the damage and the offender, or 10 years from the accident (Civil Code Article 197); the criminal complaint window is 6 months. Keep both in mind.
Compulsory motor insurance pays medical, death and disability benefits without any enforcement title; you claim straight from the other driver's insurer (Part 5 covers it).
If the other driver has voluntary third-party liability cover, the insurer usually negotiates; you can ask for the insurer's representative to attend mediation.
Once you hold an enforcement title, Part 3 shows how to pull their asset list at the National Taxation Bureau.