If you have a judgment but the other party has not paid

Winning and collecting are separate

In fact, in fraud cases, getting the money in hand is far harder than winning at trial. Many account holders do not have much in the way of assets, and some dispose of their assets before judgment. That is why, from the early stages of a lawsuit, we focus on securing funds for recovery through provisional attachment.

Even so, there are several tools available after judgment.

How to identify the other party's assets

1. Asset disclosureThe debtor appears in court, submits a list of assets, and swears that it is true (Article 61 of the Civil Execution Act). Failing to appear without reason or making false entries can lead to confinement or criminal punishment.
2. Asset inquiryIf asset disclosure is not enough, the court asks financial institutions such as banks, and agencies such as the Ministry of Land, Infrastructure and Transport and the Korean Intellectual Property Office, whether any assets are registered in the debtor's name (Article 74).
3. Entry on the list of defaultersIf the debtor has not paid 6 months after the judgment becomes final, you can apply to have them entered on the list of defaulters (Article 70). This brings disadvantages such as restrictions on financial transactions, which puts pressure on the other party to pay.

The procedure for actually collecting the money

If the other party has deposits, you apply for a seizure and collection order and collect directly from the bank. If the debtor is employed, you can name the employer as the third-party debtor and receive part of the wages every month, and real estate or vehicles are sold by compulsory auction and you receive a distribution.

If you obtained provisional attachment in advance, it converts to full attachment after the judgment becomes final, so things move much faster.

Do not give up even if there are no assets now

A claim confirmed by judgment expires by prescription after 10 years (Article 165(1) of the Civil Act). However, if you interrupt the limitation period before it expires by filing suit again or making an attachment, you get a new 10 years.

If the account holder gets a job or receives an inheritance during that time and acquires assets, you can execute then. Judgments of this type often need to be managed with a view several years ahead.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026