Apart from those in the Prep Checklist, which can be found in ‘2022 Guide to Enforce Foreign Judgments in China’, the applicant needs to prepare one more document in the case of foreign default judgments, that is, the proof documents to prove that the foreign court has legally summoned the defendant.
First thing first, please make sure the default judgment is properly served upon the defendant in China.
Yes, as long as the summons was properly served upon the defendant in China.
No. Under Chinese laws, it is invalid to serve foreign judgments by mail/e-mail/fax to litigants in China.
Yes. Just like foreign court summons, foreign judgments also need to be served to litigants in China.
This is a way to prevent the shareholders who actually control the company no longer from getting the company profits only while avoiding the company’s debts.
Yes. In order to facilitate judicial assistance in international civil and commercial matters, China’s Ministry of Justice launched an online Civil and Commercial Judicial Assistance System in 2019 at www.ilcc.online.
Debt collection in China refers to the pursuit of payables from business partners based in China.
Generally speaking, a party may appeal only once, and the second-instance decision is final.
Currently, service fees are only charged on the requests coming from the U.S. and Canada on a reciprocal basis and at the equivalent amount.
No, as long as it is accurate and credible.
No. According to The Hague Service Convention, the legalization or notarization of the judicial documents transferred between the Central Authorities is not necessary.
No. After the documents are received, they will be registered with a number, and then processed.
If you know in advance which factory the trader represents, you can only sue the factory. If not, you can choose to sue either the trader or the factory.
Doing business with a large business trader may be better than directly with a small manufacturer.
Usually, it takes 4 to 6 months to finish one service.
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.
In China, you can usually only sue the supplier, not the agent.
