Legal disputes can be daunting, especially when they involve navigating unfamiliar territory. Whether you’re a business owner dealing with a Chinese company or an individual seeking justice, understanding the basics of filing a lawsuit in China is essential.
This guide will break down the process step by step, avoiding legal jargon and providing clear explanations. So, let’s dive in and demystify your path to the Chinese legal system—whether you’re wondering how to sue someone in China or simply seeking clarity on the process.
Whom Should We Sue?
Disputes with Chinese Companies
If you have a dispute with a Chinese company, the defendant (the party you’re suing) will be the company itself. Before filing a lawsuit, you need to know the company’s Chinese name. Lawyers can help you search for additional information about the company in the system.
Disputes with Chinese Individuals
If you have a dispute with an individual in China, the defendant should be that individual. Obtaining accurate information about the defendant’s identity is crucial. Unlike company information, personal details are not as publicly accessible. However, if you have a copy of the defendant’s ID card or their ID number, it will be very helpful.
In some cases, you may need to sue both the company and the individual involved. If you’re unsure about whom to sue, please consult us for advice.
Where Should We File the Lawsuit?
China’s court system is organized from lowest to highest:
1. Basic-level courts in each district
2. Intermediate-level courts in each city
3. High-level courts in each province
4. The Supreme People’s Court at the national level
As a general rule, most cases should be filed with the basic-level court where the defendant is located. If you’re uncertain about the defendant’s location, a licensed lawyer can use the defendant’s ID number to find their registered address and proceed accordingly. For contract-related disputes, it may be possible to file in other relevant regional courts. The decision on which court to choose depends on the specific facts and evidence of the case.
Can You File a Lawsuit in China Even If You’re Not in China?
Yes, you can. If you hire a lawyer in China, they can handle all legal matters on your behalf and represent you in court. You won’t need to physically be in China or appear in court during the entire litigation process. However, if you’re overseas, the law requires some documents you provide (such as a power of attorney and a copy of your passport) to be Apostilled. Please refer to “Essential Documents for Filing a Lawsuit in China” for details.
The Stages of Filing a Lawsuit in China
1. Document Preparation:
Based on the material you provide, your lawyer will prepare and submit the necessary legal documents to the court. The court will review these documents and may request additional information.
2. Case Acceptance:
After the court reviews the documents, they will accept the case. The court will assign a case number and designate a judge and his or her team to handle it.
3. Mediation Attempts:
Before or after case acceptance, your lawyer may facilitate communication and mediation between you and the defendant. Some cases are resolved through court-organized mediation without a formal trial, which saves both time and money. If you prefer not to mediate, or the mediation attempt has failed, the case will proceed to the trial stage.
4. Court Hearing:
Depending on the workload of different courts, the hearing date will be scheduled based on the judge’s availability. Your lawyer will notify you in advance of the hearing date. Most cases require only one court session, but some may need multiple hearings.
5. Judgment and Appeals:
After the hearing, the court takes time to issue a judgment. Once you receive the judgment, your lawyer will explain its content and implications. If the judgment is thought to be incorrect or unfair, you and the defendant both have 15 days to file an appeal. So the judgment doesn’t immediately take effect when you receive it; it becomes enforceable only if neither party appeals within the 15-day period. If you or the defendant files an appeal, the case will go to a second-instance trial, which will lead to a final judgment.
6. Enforcement of Judgment:
If no appeal is filed, the judgment becomes effective, and the defendant must fulfill the obligations specified in the judgment within the court’s designated timeframe. If the defendant fails to comply, we can apply for enforcement of the judgment.
Can You Freeze the Defendant’s Assets During Litigation?
Yes, you can. Refer to “Freezing Assets in China: What You Need to Know”. If you freeze the defendant’s assets and win the case, you can request the court to release the frozen assets to you (after deducting court fees) if the defendant doesn’t fulfill their obligations according to the judgment.
What Are the Costs of Filing a Lawsuit in China?
Your litigation costs depend on the amount you’re claiming from the other party. For specific details, please refer to “Costs of Filing a Lawsuit in China”.
Filing a lawsuit in China need not be a labyrinthine journey. Armed with the knowledge shared here, you can confidently navigate the legal landscape, whether you’re seeking resolution as an individual or representing your business. Remember, legal processes can vary, but understanding the fundamentals empowers you to assert your rights effectively. So, take that first step—consult a trusted lawyer, gather your evidence, and embark on your quest for a fair resolution in China. And if you’ve ever wondered how to sue someone in China, this guide has you covered.
Lanxin Zhao
License No.: 13201202311636051
About the Author:
With a deep understanding of the intricacies of the Chinese legal system, Lanxin has helped numerous clients navigate complex legal disputes. T
he author studied law in the UK before returning to China to practice in the field of international trade and dispute resolution. This experience equipped her with language skills and extensive legal knowledge, enabling her to provide clear, practical advice to those seeking a fair resolution in China.
Contact: zlxlawyer@bjcelue.com or WhatsApp +86 18362959702
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