Trade Dispute Resolution and Debt Collection in China
Trade Dispute Resolution and Debt Collection in China

What Documents Should I Prepare for Enforcing a Default Judgment in China?|Service of Process and Foreign Judgment Enforcement Series (7)

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.

What Should I Do to Enforce a Default Judgment in China?|Service of Process and Foreign Judgment Enforcement Series (6)

First thing first, please make sure the default judgment is properly served upon the defendant in China.

Will Foreign Default Judgments Be Enforced in China?|Service of Process and Foreign Judgment Enforcement Series (5)

Yes, as long as the summons was properly served upon the defendant in China.

Can Foreign Judgments be Served by Mail//E-mail/Fax to Litigants in China?|Service of Process and Foreign Judgment Enforcement Series (4)

No. Under Chinese laws, it is invalid to serve foreign judgments by mail/e-mail/fax to litigants in China.

Do Foreign Judgments Need to Be Served to Litigants in China?| Service of Process and Foreign Judgment Enforcement Series (3)

Yes. Just like foreign court summons, foreign judgments also need to be served to litigants in China.

Can I Submit the Request for Judicial Assistance Online?-Service of Process and Hague Service Convention Series (8)

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.

Why Is There a Service Fee Occurred? – Service of Process and Hague Service Convention Series (7)

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.

Should the Judicial Documents Be Legalized or Notarized Before They Are Forwarded to the Chinese Central Authority?- Service of Process and Hague Service Convention Series (5)

No. According to The Hague Service Convention, the legalization or notarization of the judicial documents transferred between the Central Authorities is not necessary.

Is there any receipt after the Chinese Central Authority receives the request for service coming from foreign countries? – Service of Process and Hague Service Convention Series (4)

No. After the documents are received, they will be registered with a number, and then processed.

Is It a Problem if My Counterparty Is a Chinese Trader, Not a Manufacturer?

Doing business with a large business trader may be better than directly with a small manufacturer.

Serving Judgments to China-based Defendants by Mail? Think Twice

It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.

Can Foreign Judicial Documents Be Served to a Recipient in China by Mail From Abroad? – Service of Process and Hague Service Convention Series (2)

No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.