Article 17
If the obligor is in any of the following circumstances, the branch of Administrative Enforcement Agency can order him to provide security, order him to perform the obligation within specific period, and restrict his residence:
1. Apparently able to, yet intentionally does not perform.
2. Apparent risk of absconding.
3. The obligor has concealed or disposed of the assets subject to compulsory execution.
4. Maintains silence during investigations into the subject matter of execution.
5. Refuses to report or makes false report after being ordered to report property.
6. Absent without legitimate reason after legal notice.
If the obligor in the foregoing paragraph is in any of the following circumstances, the residence restriction shall not apply:
1. The overdue fees or fines are not exceeding NT$100,000, but not including the circumstance that the obligor has exited twice.
2. The inheritance tax, fines, overdue fees, and interests have been paid by the obligor according to his/her entitled portion of the inheritance, but not including the circumstance that when the share he/she inherits is more than his/her entitled portions, he/she does not pay according the percentage of his/her inheritance.
According to the first paragraph, if the obligor neither performs an obligation nor provides the security within a specific period, it is compulsory for him to appear at the session for any of following circumstances, the branch of Administrative Enforcement Agency can make a claim to the rule of arrest of the obligor by the court.
1. Apparent risk of absconding.
2. After legal notice, fails to appear at session without just cause.
For the foregoing paragraph, the court shall verdict it within 5 days, and for any urgency, the court shall verdict it immediately.
After the obligor appears at the session by arrest, the enforcement officer shall examine the obligor’s identity, order the obligor to report his/her true financial situation, and make other necessary investigations.
After examining the obligor, if it is necessary to take him/her into custody for following circumstances, within 24 hours after the arrest, the branch of Administrative Enforcement Agency shall make a claim to the rule of taking the obligor into custody:
1. Apparently able to, yet intentionally does not perform.
2. Apparent risk of absconding.
3. The obligor has concealed or disposed of the assets subject to compulsory execution.
4. The obligor’s current properties are not enough to perform the obligation, but according to the obligor’s total amount of income, financial situation, and working ability, it is possible for him/her to perform the obligation, and there are no other manners of execution, but the obligor refuses to report his/her real financial situation.
The obligor may appear at the session on his/her own initiative or appear after being notified, and after being examined by the enforcement officer, and being considered to be in any circumstances of the foregoing paragraph, the branch of Administrative Enforcement Agency can retain him/her in the branch temporarily for making a claim to take the obligor in custody; the time period of examination and retaining total cannot exceed 24 hours.
The application for arrest or taking into custody shall be made to the district court located where branch of Administrative Enforcement Agency is located.
After accepting the application for taking into custody, the district court shall examine the obligor immediately then rule on it, and when necessary, the district court shall notify the branch of Administrative Enforcement Agency to assign executors to attend the session to make necessary statement or make necessary correction.
The branch of Administrative Enforcement Agency or the obligor can appeal for the ruling, determined by the court, of arrest or taking into custody within 10 days; the provisions pertaining to appeals from rulings of the Code of Civil Procedure shall be applicable mutatis mutandis to the foregoing procedures.
During appeal of the ruling, arrest or taking into custody continues to be proceeded. Once the original ruling is reversed, the execution of arrest or taking into custody shall cease, and the obligor arrested or took into custody shall be released.
Unless otherwise provided for by this Act, provisions regarding examination, arrest, and custody in the Compulsory Enforcement Act, the Act of Custody, and the Code of Criminal Procedure shall be applicable mutatis mutandis to arrest and taking into custody here.