How to Recover Money Lost to Fraud: Civil Claims, Provisional Attachment, and Enforcement in Taiwan
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目錄
- 1. What Should You Do Immediately After Being Scammed?
- 2. Can a Bank Help Recover Money Lost to Fraud?
- 3. What Is an Incidental Civil Action in a Fraud Case?
- 4. How Does the Incidental Civil Claim Process Work?
- 5. Are Court Fees Required for an Incidental Civil Action?
- 6. How Can You Prevent a Defendant from Hiding or Transferring Assets?
- 7. How Do You Apply for Compulsory Enforcement After Obtaining a Judgment?
- 8. Should a Fraud Victim File an Incidental Civil Action or a Separate Civil Lawsuit?
- 9. Why Do Victims of High-Value Fraud Need a Comprehensive Recovery Strategy?
- 10. Common Mistakes to Avoid After Being Scammed
- 11. Recommended Steps After Becoming a Victim of Fraud
“Can I get my money back after being scammed?”
This is often the most important question for fraud victims after they report the crime.
When the amount involved is substantial—or when the case involves investment fraud, cryptocurrency scams, impersonation of financial institutions, fake police or prosecutor scams, online shopping fraud, romance scams, or business payment fraud—simply reporting the case does not mean the money will automatically be returned.
To improve the possibility of recovering the funds, several steps generally need to be considered at the same time:
1. Immediately notify the bank and police to prevent further movement of the funds.
2. Trace the flow of funds and determine whether any money remains in the accounts involved.
3. Use the criminal process to seek seizure, return, or recovery of criminal proceeds where legally available.
4. At the appropriate stage, file an incidental civil action in the criminal proceedings against persons legally responsible for the victim’s losses.
5. Where there is a risk that assets may be transferred or concealed, consider applying for provisional attachment or other preservation measures.
6. After obtaining an enforceable title, apply for compulsory enforcement.
※ This article explains how fraud victims may seek to recover money lost to scams, including the procedure for filing an incidental civil action, the timing of such claims, potential defendants, provisional attachment, and compulsory enforcement.
Important: No legal procedure can guarantee full recovery of funds lost to fraud. The amount that can actually be recovered depends on factors such as whether the funds remain in the relevant accounts, whether the criminal proceeds have already been withdrawn, spent, or transferred, whether the defendant owns assets, and whether sufficient evidence is available.
1. What Should You Do Immediately After Being Scammed?
Once you discover that you have been scammed, do not delay because of fear, embarrassment, or the hope that the other party may voluntarily return the money.
Immediately contact the bank from which the funds were transferred and provide information regarding the time of the fraud, amount, recipient account, method of transfer, and any other information currently available.
Whether the bank can intercept or otherwise address the transaction depends on factors such as the movement of the funds, how quickly the report is made, the receiving bank, and the status of the recipient account.
The sooner the bank is notified, the greater the possibility that relevant interbank fraud-prevention, fund-preservation, or payment-stoppage procedures may be initiated before the funds are withdrawn or transferred through additional accounts.
If the transaction involved a credit card, electronic payment service, third-party payment provider, or virtual asset transaction, immediately contact the relevant platform or card-issuing bank as well to determine whether the transaction can be suspended or disputed and whether transaction records can be preserved.
Fraud victims should contact Taiwan’s 165 Anti-Fraud Hotline as soon as possible and report the matter to the police.
Bring identification documents and all available evidence, including:
■ bank transfer or remittance records;
■ chat and messaging records;
■ telephone records;
■ website or social media account information;
■ contracts;
■ purchase orders; and
■ any other relevant evidence.
When reporting the case, clearly explain:
■ when you first contacted the other party;
■ why the other party asked you to make the payment;
■ when and through which bank or platform each payment was made;
■ the amount, date, time, and recipient account for each transaction;
■ the names, telephone numbers, messaging accounts, websites, social media accounts, or email addresses used by the other party;
■ whether the other party instructed you to keep the matter confidential, continue investing, or pay additional “unfreezing fees,” deposits, taxes, or similar charges; and
■ whether there are other victims, companies, or family members affected by the same scheme.
After reporting the case, carefully preserve the police report receipt, case acceptance certificate, or other documentation confirming that the report was made.
These documents may later be needed when communicating with banks, prosecutors, criminal courts, civil courts, or enforcement courts.
Fraud groups sometimes approach victims again after the original fraud is discovered, impersonating banks, police officers, lawyers, prosecutors, or so-called “fund recovery specialists.”
They may claim that an additional deposit, tax, handling fee, or verification payment is required before the original funds can be returned.
These demands are often part of a second-stage scam. Making additional payments may increase the victim’s losses and make the subsequent tracing of funds more complicated.
No one can guarantee that money lost to fraud will be recovered simply by paying an additional fee.
Before paying for any purported fund-recovery service, verify the person’s identity and the legal basis for the request.
2. Can a Bank Help Recover Money Lost to Fraud?
Under Taiwan’s Fraud Crime Hazard Prevention Act, after receiving a notification from judicial police authorities, financial institutions may preserve and continue monitoring reported funds.
➡︎ If money transferred by a victim remains in a warning or restricted account and has not yet been withdrawn, the financial institution may, pursuant to notification from the judicial police authorities, process the return of the remaining funds.
This makes the speed of reporting the fraud and notifying the bank particularly important.
➡︎ If the funds remain in the first recipient account, the possibility of recovery is generally greater than when the money has already been transferred through multiple accounts, withdrawn as cash, converted into virtual assets, or sent overseas.
However, preservation of the funds does not mean that they will immediately be credited back to the victim’s account.
The bank and law enforcement authorities must still verify matters such as the victim’s identity, timing of the transfer, source of the funds, and applicable requirements for returning the money.
If the funds have already been transferred to another bank account, electronic payment account, or virtual asset platform, this does not necessarily mean that recovery is impossible.
Investigators may use transaction records, account information, surveillance footage, communications, logistics records, mobile device location data, or platform records to trace subsequent fund flows and identify additional participants.
However, once the money has passed through multiple transfers, been withdrawn in cash, converted into stored-value credits or virtual assets, or transferred overseas, tracing and preserving the funds generally becomes more difficult.
Victims should therefore not simply wait for the police to provide updates. They should organize the relevant evidence as early as possible and, where appropriate, consider having a lawyer assist with reviewing the fund flows and submitting supplemental information.
During criminal proceedings, prosecutors or courts may trace, seize, confiscate, or return criminal proceeds.
This can be an important route for recovering funds, but it has several limitations:
■ only part of the money may be located;
■ criminal proceeds may already have been withdrawn, spent, or transferred;
■ seized assets may involve multiple victims, requiring further determination of who is entitled to receive them and in what amount;
■ the return of criminal proceeds may not cover the victim’s entire loss; and
■ other losses may still need to be claimed through a separate civil lawsuit or an incidental civil action in the criminal proceedings.
Victims should therefore not rely solely on asking the police to “get the money back” when reporting the crime.
Civil compensation and asset-preservation strategies should also be evaluated.
3. What Is an Incidental Civil Action in a Fraud Case?
An incidental civil action in criminal proceedings allows a person who has suffered damage from a crime to seek civil compensation in connection with the pending criminal case.
Under Article 487 of Taiwan’s Code of Criminal Procedure, a person who has suffered damage as a result of a crime may, during the criminal proceedings, seek recovery of that damage from the defendant and other persons who are legally liable for compensation under civil law.
The scope of recoverable damages is determined under applicable civil law.
For fraud victims, the principal function of an incidental civil action is to seek damages through the criminal case after the prosecution has reached the court, rather than necessarily filing an entirely separate civil lawsuit at the outset.
4. How Does the Incidental Civil Claim Process Work?
An incidental civil action cannot be filed at every stage of a criminal case.
If the case is still being investigated by the police or prosecutor and no indictment has been filed, an incidental civil action generally cannot yet be initiated.
At this stage, the victim can complete the criminal report, provide a victim statement, organize the evidence, and consider whether provisional attachment or a separate civil action is necessary.
Once the prosecutor has filed an indictment and the criminal case is pending before the court, the victim should confirm the court case number, defendants, criminal charges, and current stage of proceedings and pay close attention to the deadline for filing the incidental civil action.
Under Article 488 of the Code of Criminal Procedure and publicly available guidance from Taiwan’s Judicial Yuan, an incidental civil action may generally be filed:
■ after the criminal prosecution has been initiated and before the conclusion of oral arguments in the first-instance proceedings; or
■ after an appeal has been filed and before the conclusion of oral arguments in the second-instance proceedings.
It generally cannot be filed:
■ while the case remains under prosecutorial investigation and no indictment has been filed;
■ after oral arguments have concluded in the first instance but before an appeal has been filed;
■ after a first-instance judgment where no appeal has been filed; or
■ after oral arguments have concluded in the second instance.
In practice, victims should not wait until the court is about to conclude oral arguments before preparing the claim.
Where the loss is substantial, there are multiple defendants, or the flow of funds is complicated, the amount claimed, potential defendants, and supporting evidence should be organized well in advance.
An incidental civil action does not mean that every person connected to the criminal case can automatically be required to compensate the victim.
The proper defendants should be evaluated according to each person’s conduct, degree of participation, and potential civil liability.
Potentially liable persons may include:
■ the person who directly committed the fraudulent act;
■ persons who recruited, managed, or directed members of the fraud operation;
■ accomplices responsible for receiving, transferring, or withdrawing funds;
■ persons who knowingly or under circumstances supporting legal liability provided bank accounts, telephone numbers, platform accounts, or other tools; and
■ other persons who may be jointly liable under the specific facts of the case.
Whether an account holder, money mule, or other defendant must compensate the victim for the entire loss depends on the criminal facts established in the case, tort liability under the Civil Code, the existence of a joint tort, and causation.
It cannot be determined solely from the person’s title or role.
In particular, if a defendant is ultimately found liable only for providing an account or another offense distinct from the underlying fraud, and the criminal judgment does not establish a direct relationship between that conduct and the victim’s specific loss, disputes may arise regarding the admissibility and scope of an incidental civil claim.
The relationship between the defendant’s alleged criminal conduct and the victim’s loss should therefore be evaluated before filing.
The claim should not simply state that the defendant must “compensate all losses.”
The amount and method of calculation should be clearly identified.
Potential claims may include:
■ the principal amount actually transferred or delivered;
■ transfer fees, remittance fees, or platform fees already paid;
■ necessary expenses incurred in tracing or dealing with the fraud, where legally recoverable under the circumstances;
■ legally recoverable interest; and
■ other proven financial losses having an adequate causal relationship with the fraud.
In an ordinary property fraud case, the principal claim will generally concern financial losses.
Emotional distress damages are not automatically available in every fraud case. Whether such damages may be claimed depends on whether the conduct also infringed bodily integrity, health, reputation, personality rights, or other legally protected non-property interests.
If the victim has already received a partial refund, returned criminal proceeds, or settlement payments, those amounts should also be deducted to avoid double recovery.
An incidental civil action may be initiated in writing or, where procedurally permitted, orally during court proceedings.
For cases involving substantial amounts or complicated facts, a written complaint is generally preferable.
The filing will typically identify:
■ the criminal court and case number;
■ the victim, as plaintiff, including identification and service information;
■ the defendant and any other person against whom compensation is sought;
■ the amount claimed and the method for calculating interest;
■ the specific relief requested from the court;
■ the circumstances of the fraud and each payment or transfer;
■ the connection between the defendant’s criminal conduct and the victim’s loss; and
■ supporting evidence, such as transfer records, communications, contracts, receipts, police reports, and an evidence list.
Where there are multiple defendants, additional copies of the filing may be required.
The exact format, filing method, and number of copies should be confirmed based on the court handling the case and the specific circumstances.
After an incidental civil action is filed, the court may hear it together with the criminal case or, where the civil issues are comparatively complicated, transfer the civil portion to a civil division.
Mediation or settlement during the criminal proceedings may also provide a way for the victim to recover part or all of the losses. A defendant seeking a suspended sentence, sentence reduction, or favorable sentencing consideration may offer a lump-sum or installment compensation arrangement.
Before accepting a settlement, the victim should consider:
■ whether the total payment amount is reasonable;
■ whether the payment deadline and installment schedule are realistic;
■ whether there is actual collateral or a third-party guarantor;
■ whether the agreement can be directly enforced if payments are not made;
■ whether the settlement affects other criminal or civil rights; and
■ whether amounts already received are treated as partial payment rather than a complete waiver of the remaining claim.
Do not sign an unclear settlement agreement or withdraw the entire claim merely because the defendant or the defendant’s family verbally promises to pay later.
For high-value cases, settlement terms should preferably be reviewed by a lawyer before signing.
5. Are Court Fees Required for an Incidental Civil Action?
According to guidance from Taiwan’s Judicial Yuan, a victim who files an incidental civil action during criminal proceedings generally does not have to prepay the ordinary civil court filing fee when initiating the claim.
However, not having to prepay the filing fee does not mean that the entire compensation process is free of costs or that the court will necessarily award compensation.
The civil portion may be transferred to a civil division if the issues are complicated, or procedural corrections may be required if the incidental civil action does not satisfy the applicable requirements.
Other expenses may also arise from drafting pleadings, retaining a lawyer, expert examinations, obtaining information, and subsequent compulsory enforcement.
Article 54 of the Fraud Crime Hazard Prevention Act also provides special procedural protections for fraud victims.
When a fraud victim initiates or appeals a civil action against a person legally responsible for compensation, the victim may be temporarily exempted from paying litigation fees.
A fraud victim applying for compulsory enforcement may likewise be temporarily exempted from paying enforcement fees.
Where a fraud victim applies for provisional attachment or provisional injunction to preserve future enforcement, the security ordered by the court generally may not exceed one-tenth of the amount or value of the claim.
These provisions can reduce the initial financial burden of pursuing civil remedies.
However, a temporary exemption does not necessarily mean that the victim will ultimately bear no costs.
Whether these provisions apply must still be determined according to the nature of the case, the party against whom the claim is brought, and the applicable court procedure.
6. How Can You Prevent a Defendant from Hiding or Transferring Assets?
One of the greatest concerns for fraud victims is obtaining a favorable judgment only to discover that the defendant no longer owns any assets.
If the defendant transfers real estate, vehicles, bank deposits, or other property to relatives or other persons during the proceedings, or deliberately conceals or disposes of assets, even a successful judgment may become difficult to enforce.
Where the amount involved is substantial and there are specific facts indicating a risk of asset dissipation, the victim may consider applying for provisional attachment.
The purpose of provisional attachment is to preserve the debtor’s assets before a final judgment is obtained so that property remains available for future enforcement.
An application for provisional attachment generally requires the applicant to establish or explain:
■ the existence of a monetary claim against the defendant;
■ a sufficient factual and legal basis for the claim;
■ a risk that future compulsory enforcement will become impossible or significantly more difficult; and
■ a reasonable relationship between the amount claimed and the scope of preservation sought.
The court may require the applicant to provide security.
Although the Fraud Crime Hazard Prevention Act places a limit on the amount of security that may be ordered for qualifying fraud victims, this does not mean that security is waived in every case or that every application will be granted.
High-value cases should therefore include an early assessment of assets and fund flows rather than postponing asset-preservation planning until the criminal judgment becomes final.
7. How Do You Apply for Compulsory Enforcement After Obtaining a Judgment?
If the defendant does not voluntarily pay in accordance with a judgment, settlement record, or mediation record, the victim may apply for compulsory enforcement based on an enforceable title.
Potential assets subject to enforcement may include:
■ bank deposits;
■ wages and other regular income;
■ houses, land, and other real estate;
■ vehicles and other movable property;
■ stocks, investment funds, insurance surrender value, or other property rights; and
■ claims against third parties.
When applying for compulsory enforcement, victims who possess information about the defendant’s assets—such as the defendant’s employer, bank accounts, real estate, vehicles, or place of business—should provide those details to the enforcement court where appropriate.
Doing so may improve the efficiency of the enforcement process.
A judgment stating how much the defendant must pay and the amount the victim actually recovers are two different things.
If the defendant does not have sufficient assets, or if other creditors have priority rights, the amount ultimately recovered and the time required for recovery may still be affected.
8. Should a Fraud Victim File an Incidental Civil Action or a Separate Civil Lawsuit?
If the prosecutor has already filed an indictment, the relationship between the criminal conduct and the victim’s losses is clear, and the amount of damages and supporting evidence are relatively definite, an incidental civil action may be worth considering.
Advantages of an incidental civil action include:
■ compensation can be sought within the criminal proceedings;
■ ordinary civil court filing fees generally do not have to be prepaid when the action is initiated;
■ evidence and facts already investigated in the criminal case may be relevant to the civil claim; and
■ defendants facing criminal liability may have a stronger incentive to participate in mediation or settlement.
Limitations include:
■ the action cannot be filed during the investigation stage before indictment;
■ filing deadlines in the first and second instances must be carefully observed;
■ delays in the criminal case may also affect the civil claim;
■ complicated civil issues may result in transfer to a civil division; and
■ not every person connected to the criminal case can automatically be named as an incidental civil defendant.
Where the criminal case remains under investigation, no indictment has yet been filed, or the victim needs to pursue a particular defendant and preserve assets promptly, a separate civil action may be considered together with provisional attachment where appropriate.
A major advantage of a separate civil lawsuit is that it can proceed independently rather than being entirely dependent on the progress of the criminal proceedings.
Even before the criminal case has been decided, civil rights may still be asserted where the civil cause of action and supporting evidence are sufficient.
A separate civil lawsuit would ordinarily involve civil court fees and require the victim to establish the claim through the civil litigation process.
However, the temporary fee exemptions provided under Article 54 of the Fraud Crime Hazard Prevention Act may reduce these initial costs where the statutory requirements are satisfied.
9. Why Do Victims of High-Value Fraud Need a Comprehensive Recovery Strategy?
The larger the amount involved, the more important it becomes to avoid relying on a single procedure or a standard-form complaint.
There are several reasons for this.
➡︎ First, the total loss may consist of multiple bank transfers, cash payments, virtual asset transactions, and third-party payment transactions. A complete timeline of the fund flows should therefore be created.
➡︎ Second, there may be multiple defendants, each with a different role, amount of proceeds received, and asset position. Potential defendants and possible joint liability should be evaluated individually.
➡︎ Third, criminal proceeds may already have been transferred before the fraud was reported. Account tracing, seizure, return of criminal proceeds, civil compensation, and provisional attachment may therefore need to be pursued in parallel.
➡︎ Fourth, a high-value settlement should not be evaluated solely on the amount the other party promises to pay. The victim should also examine the defendant’s ability to pay, collateral, installment terms, consequences of default, and whether the agreement can be directly enforced.
➡︎ Fifth, investment fraud, cryptocurrency scams, business transaction fraud, and schemes involving impersonation of professionals often involve more documents, platforms, and cross-border fund flows, making evidence organization substantially more complicated.
10. Common Mistakes to Avoid After Being Scammed
Reporting the crime is an essential first step, but it is not the entire process.
Victims should determine whether the case has been referred to the prosecutors office, whether a case number has been assigned, whether an indictment has been filed, and whether additional evidence or written submissions are needed.
A criminal judgment primarily determines whether the defendant committed a criminal offense and what criminal sanction should be imposed.
It does not automatically mean that the victim has received compensation.
To recover losses, the victim should separately consider an incidental civil action or ordinary civil litigation.
Funds in a warning account may already have been withdrawn or transferred, and the account may contain money belonging to multiple victims.
Even where the bank, police, or prosecutors initiate procedures to preserve and return funds, the actual amount returned must still be determined according to the evidence and applicable procedures.
Where there is a risk that the defendant may dissipate assets, provisional attachment and other asset-preservation measures should be considered early.
Waiting until after judgment may result in discovering that the defendant no longer owns assets available for enforcement.
A criminal complaint, civil compensation claim, settlement, and withdrawal of a complaint may each have different legal consequences.
Before accepting settlement terms, confirm whether full payment has actually been made, whether adequate security exists, and whether the agreement can be enforced if the defendant fails to pay.
11. Recommended Steps After Becoming a Victim of Fraud
If you or a family member has been defrauded, consider taking the following steps:
■ Immediately contact the remitting bank, card-issuing bank, electronic payment service, or virtual asset platform.
■ Call Taiwan’s 165 Anti-Fraud Hotline and report the case to the police.
■ Preserve the police report receipt, transaction records, and all digital evidence.
■ Prepare a complete timeline showing the amount lost and movement of funds.
■ Determine whether the recipient account has been designated as a warning account or whether funds have been preserved or restricted.
■ Follow the case to determine whether it has been referred to the prosecutors office and whether an indictment has been filed.
■ After indictment, evaluate whether to file an incidental civil action within the applicable procedural period.
■ Where there is a risk of asset dissipation, consider provisional attachment or other preservation measures.
■ After obtaining a judgment, settlement record, or mediation record, confirm whether it constitutes an enforceable title.
■ If the other party fails to pay as required, promptly apply for compulsory enforcement rather than repeatedly relying on verbal promises.
Recovering Money Lost to Fraud Requires More Than Reporting the Crime
Whether money lost to fraud can be recovered often depends on the speed of the response, the completeness of the evidence, the results of tracing the funds, and whether civil compensation and asset-preservation measures are pursued early enough.
If the money has not yet been withdrawn, promptly notifying the bank and police may an opportunity to recover at least part of the funds through preservation, payment-stoppage, or criminal-proceeds return procedures.
If the case has already reached the court, the victim should pay close attention to the applicable time limits for an incidental civil action and consider making an appropriate claim under Articles 487 and 488 of the Code of Criminal Procedure.
Where the amount is substantial, there are numerous defendants, the fund flows are complicated, or there is a risk of asset dissipation, victims should not rely solely on a criminal report or a standard-form incidental civil complaint.
The amount of damages, potential defendants, tracing of criminal proceeds, provisional attachment, settlement terms, and compulsory enforcement should be considered as parts of an overall recovery strategy.
Chien Sheng International Law Firm assists fraud victims in reviewing the status of their cases, organizing fund flows and evidence, and evaluating legal options including incidental civil actions, separate civil claims, provisional attachment, and compulsory enforcement. The goal is to help victims pursue available avenues for recovering their losses through the legal process.If the amount lost is substantial or you already know that the funds were transferred to specific accounts, obtaining legal advice early may help avoid missing important opportunities for reporting, filing an incidental civil action, or preserving the defendant’s assets.
※ This article provides general legal information only and does not replace legal advice based on the facts of an individual case. Each matter must be evaluated according to the method of fraud, transaction records, movement of funds, number of defendants, stage of the criminal proceedings, and the assets available for enforcement. No lawyer, law firm, or organization can guarantee that all funds lost to fraud will be fully recovered.
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