Judicial Yuan Of The Republi Of China

	How to proceed with the lodgment of a deposit for the payment of the debt?
		One: The court which has the jurisdiction over such lodgment:　(Article 4 of the Law Governing the Lodgment of Deposits) 1. To lodge a deposit to settle a debt, the application shall be made to the Public Lodgment Office of the court where the payment should be made. 2. If the creditor is not domiciled in the Republic of China or his/her domiciliary address is unknown, such creditor’s residence in the Republic of China shall be deemed as such creditor’s domiciliary address.　If such creditor does not have a residence address or his/her residence address is unknown, the last domiciliary address of such creditor in the Republic of China shall be deemed to be such creditor’s domicile. 3. If the creditor does not have a last domicile in the Republic of China or it is uncertain who is the creditor and thus it is difficult to determine where is the place for making the payment in accordance with the previous two paragraphs, the deposit for payment of the debt shall be lodged with the Public Lodgment Office of the court where the debtor is domiciled. 4. The lodgment of the distributed amount from the proceeds of the executed property in the proceeding conducted according to the Compulsory Enforcement Law or the bankruptcy proceeding pursuant to the Bankruptcy Law shall be handled by the Public Lodgment Office of the court which handles the compulsory enforcement or the bankruptcy matter. 5. The lodgment of the fund to be paid by a government institution for the compensation for the land confiscated by the government or the compensation for relocation and the purchase price or compensation for the land purchased according to the price declared by the land owner shall be handled by the Public Lodgment Office of the court having appropriate jurisdiction located at the place where such institution is located.　 Two: Application documents and documents to be prepared: 1. The document of lodgment: The lodging applicant shall prepare two duplicates of the lodgment documents and fill out the blanks item by item according to the format.　The lodging applicant shall sign and stamp his/her/its chops on the lodgment documents.　The name and address of the lodging applicant shall be the same as those stated on his/her/its identification documents. 2. Notice of lodgment: The lodgment documents shall be attached with two duplicates of the notices of lodgment.　If there are more than two persons who will receive the lodged property, the number of the notice of lodgment shall be increased according to the number of the increased person. 3. National Treasury’s deposit receipt or the form of the application for safe-keeping of the lodged property: If the lodged property is cash, the lodging applicant shall fill out six duplicates of the National Treasury’s deposit receipt.　If the lodged property are securities or other valuable properties, the lodging applicant shall fill out one form of the application to the National Treasury for safe-keeping the lodged property 4. Payment document for the lodgment charges: If the lodged cash or the monetary amount of the lodged property is above NT$ 1,500, the lodging applicant shall fill out six duplicates of the payment document for the lodgment charges.　If the lodged cash or the monetary amount of the lodged property is below NT$ 1,500, the lodging applicant is not required to fill out such form.　 Three:　Payment of the lodgment charges: If the lodgment is for the purpose of payment of the debt and the lodged cash or the monetary amount of the lodged property is above NT$ 1,500, the lodging applicant shall pay NT$ 60 for the lodgment.　If the lodged cash or the monetary amount of the lodged property is under NT$ 1,500, the lodging applicant is not required to pay for any charges. Four:　Delivery of the lodgment documents and the lodged property: If the lodged property is cash or securities or other valuable property, the lodging applicant shall deliver the lodgment documents together with the lodged property and the lodgment charges to the collection desk of the National Treasury in the court or a local bank [branch] which acts on behalf of the National Treasury.　If the lodged property is unfit for being kept under the National Treasury’s custody, the lodging applicant shall apply with the Public Lodgment Office to designate a place to safe-keep the lodged property and deliver the lodged property and the lodgment documents to such designated place.　When making the above application, the lodging applicant shall at the same time pay the lodgment charges to the court and attach the payment document for the lodgment charges to the lodgment documents. Five:　If within three days after the delivery of the lodged property, the lodging applicant has not received the document of lodgment issued by the Public Lodgment Office of the Judicial Yuan, the lodging applicant may request the Public Lodgment Office to explain the reasons.
		January 07, 2006