Owed NT$100,000 or Less in Taiwan: Small Claims Costs, Mediation, and Appeals

A claim for NT$100,000 or less in money goes to Taiwan's small-claims procedure (小額程序) automatically; the plaintiff does not have to ask for it. As of October 2026 the first-instance court fee is NT$1,500, and as a rule the court finishes oral argument in a single hearing. In exchange, the case normally begins with court mediation, and the judgment can be appealed only on the ground that it violates the law.

Which claims qualify

Under Article 436-8 of the Code of Civil Procedure, paragraph 1, the small-claims procedure applies to an action for payment of money, other fungible things or securities where the amount or value claimed is NT$100,000 or less. If, say, an American freelance designer in Taipei has finished a branding project for a local company and is still waiting for the last NT$80,000 of the fee, that claim fits. A claim to get a specific item back, or to have someone vacate an apartment, does not, however small its value.

The parties may agree in writing to use the small-claims procedure for a claim of up to NT$500,000 (paragraph 4), and the court may, of its own motion, switch a case to the summary procedure (簡易程序) if it considers the small-claims track unsuitable (paragraph 2).

The summary procedure covers property claims of up to NT$500,000 and certain case types whatever the amount, such as road traffic accident claims (Article 427). Unlike small claims, its appeals are not limited to points of law (Article 436-1).

The NT$1,500 fee, and what a larger claim costs

Article 77-13 sets the court fee at NT$1,000 for the part of a claim up to NT$100,000, plus NT$100 for each NT$10,000 of the part between NT$100,000 and NT$1 million; a fraction of NT$10,000 counts as a full NT$10,000. A surcharge comes on top. Article 77-27 lets each High Court add up to 50 percent with the Judicial Yuan's approval, and since January 1, 2025 the High Courts have added 50 percent on the first NT$100,000 and 30 percent on the part from NT$100,000 to NT$10 million (Judicial Yuan announcement of December 30, 2024). The Judicial Yuan fee table, checked on October 6, 2026, shows NT$1,500 for a first-instance claim of NT$100,000 or less and NT$130 for each further NT$10,000.

The losing party bears the litigation costs (Article 78), and in a small-claims case the court fixes the amount in the judgment itself (Article 436-19). Lawyer's fees are different: the provisions of the Code that treat a lawyer's remuneration as part of litigation costs concern lawyers appointed by the court (Article 77-25) and counsel in a third-instance appeal (Article 466-3). It is safer not to count on recovering the fee of a lawyer you hire yourself for a small claim.

Where to file and what to bring

The claim is filed with the district court for the place where the defendant is domiciled (Article 1); for a company, that is the place of its principal office or principal place of business (Article 2). If the contract fixes a place of performance, the court there may also hear the case (Article 12). In a small claim, however, a place-of-performance or forum clause in the standard terms of a legal entity or merchant does not determine jurisdiction, unless both parties are legal entities or merchants (Article 436-9).

The complaint can be made on the Judicial Yuan's tabular small-claims form (Article 436-10) or orally (Article 428, applied through Article 436-23). Prepare the defendant's name, date of birth and address, plus originals and copies of the contract, receipts and other evidence (Judicial Yuan small-claims guide). Hearings are conducted in Mandarin, and an interpreter translates for a party who does not understand it (Court Organization Act, Article 97 and Article 98).

Mediation comes first

A property dispute worth NT$500,000 or less must go through court mediation (調解) before an action is brought (Article 403, paragraph 1, item 11), and every small claim falls within that amount. If you file suit without applying for mediation, the filing is treated as a mediation application (Article 424). If mediation fails, the court orders the case to proceed to oral argument at once, unless a party asks for another date (Article 419, paragraph 4). A successful mediation has the same effect as a settlement in court (Article 416), which in turn has the same effect as a final judgment (Article 380).

Mediation is not required on the grounds listed in Article 406, paragraph 1, such as an earlier failed mediation before another statutory mediation body, or service on the other side abroad or by public notice.

In a small claim, if a party duly notified at least five days ahead fails to appear at mediation without good reason, the court may, at the other party's request, order oral argument at once, and may give judgment on the appearing party's argument alone (Article 436-12).

One hearing, and a short judgment

The court is to conclude oral argument in one hearing as a rule (Article 433-1), and the hearing notice tells the parties to bring their evidence and witnesses (Article 430). If one side does not appear, the court may, of its own motion, give judgment on the appearing side's argument alone (Article 433-3). All three rules apply through Article 436-23.

Hearings may be held in the evening, on Sundays or on other holidays unless a party objects (Article 436-11). The court may skip evidence-taking and find the facts in light of all the circumstances if both parties agree, or if the time and cost would be clearly out of proportion to the claim (Article 436-14). The written judgment may state only the operative part, with a summary of reasons on disputed points where needed (Article 436-18). When the defendant loses, the court declares the judgment provisionally enforceable of its own motion (Article 436-20).

An appeal only on a point of law

A small-claims judgment can be appealed to a collegial panel of the district court, but only on the ground that the judgment violates the law (Article 436-24). The appeal must identify the law violated and its specific content, and the specific facts in the record that show the violation (Article 436-25). The time limit is 20 days from service of the judgment (Article 440, applied through Article 436-32). On appeal a party may not raise new arguments or evidence unless the first court's own violation of law prevented it (Article 436-28), and the second-instance decision cannot be appealed further (Article 436-30).

A judgment violates the law when it fails to apply a legal provision or applies it wrongly (Article 468). Disagreeing with which side the judge believed is unlikely to be enough, so the facts and the evidence need to be before the court at the first hearing.

If you have already left Taiwan: security for costs

Where the plaintiff has no domicile, office or place of business in Taiwan, the court must, on the defendant's application, order the plaintiff to provide security for litigation costs (Article 96, paragraph 1). Nationality is not the test. The rule does not apply to the part of the claim the defendant does not dispute, or where the plaintiff has assets in Taiwan sufficient to cover the costs (paragraph 2).

The defendant has to apply before arguing the merits (Article 97). The court sets the amount by reference to the total costs the defendant would incur at each level of court (Article 99). If the plaintiff does not provide it within the period set, the court dismisses the action (Article 101).

A representative in court should be a lawyer; a non-lawyer needs the presiding judge's permission (Article 68). Preparing a power of attorney from overseas is covered in Instructing a Taiwan Lawyer From Outside Taiwan.

Collecting, and the payment-order alternative

A judgment is a basis for compulsory enforcement, not a payment. If the defendant does not pay voluntarily, the creditor has to apply to the enforcement court (Compulsory Enforcement Act, Article 4 and Article 5).

Where the debtor is unlikely to contest the debt, a payment order (支付命令) is worth considering before a lawsuit. It is available for a claim to a fixed amount of money (Article 508), and the application fee is NT$500 (Article 77-19). If the debtor does not object within 20 days of service, the order becomes a basis for enforcement (Article 516 and Article 521); if the debtor objects, the application is treated as the filing of an action or a mediation application (Article 519). The procedure cannot be used where the order would have to be served abroad or by public notice (Article 509).

Deposit refunds are covered in Getting a Taiwan residential deposit back as a foreign tenant, and purchase complaints in A purchase dispute in Taiwan.

If you are unsure which route fits, you can email Hovering International Law Firm at wei@hoveringlaw.com.tw with the amount, the other party's address and the evidence you hold. This column is general information; the answer in a particular case depends on the contract and the evidence.

Official sources

• Code of Civil Procedure (Taiwan; last amended November 29, 2023), Art. 1, Art. 2, Art. 12, Art. 68, Art. 77-13, Art. 77-19, Art. 77-25, Art. 77-27, Art. 78, Art. 96, Art. 97, Art. 99, Art. 101, Art. 380, Art. 403, Art. 406, Art. 416, Art. 419, Art. 424, Art. 427, Art. 428, Art. 430, Art. 433-1, Art. 433-3, Art. 436-1, Art. 436-8, Art. 436-9, Art. 436-10, Art. 436-11, Art. 436-12, Art. 436-14, Art. 436-18, Art. 436-19, Art. 436-20, Art. 436-23, Art. 436-24, Art. 436-25, Art. 436-28, Art. 436-30, Art. 436-32, Art. 440, Art. 466-3, Art. 468, Art. 508, Art. 509, Art. 516, Art. 519, Art. 521
• Compulsory Enforcement Act, Art. 4, Art. 5
• Court Organization Act, Art. 97, Art. 98
• Judicial Yuan, civil court fee standards and fee table and announcement of December 30, 2024 on the fee surcharge in force from January 1, 2025, in Chinese
• Judicial Yuan, small-claims guide and tabular small-claims complaint form, in Chinese

Checked: October 6, 2026