When considering filing a lawsuit and relevant legal services in China, it’s essential to understand the various costs involved.
These expenses can be broadly categorized into three main types: fees paid to the court, fees paid to lawyers, and fees paid to third parties. Each category encompasses specific charges that may impact the overall cost of litigation.
This article provides a comprehensive overview of China lawsuit costs, including Chinese court fees, lawyer fees in China, and additional expenses related to asset freezing in China. By familiarizing yourself with these costs, you can better prepare for the financial aspects of filing a lawsuit and ensure a smoother legal process.
Fees paid to the court
Case acceptance fee:
The case acceptance fee is also known as the litigation fee. For monetary cases, the fee standard is related to the amount you claim from the other party (claim amount). Specifically:
o For claim amounts below 10,000 CNY: 50 CNY per case
o 10,000-100,000 CNY: 2.5% - 200 CNY
o 100,000-200,000 CNY: 2% + 300 CNY
o 200,000-500,000 CNY: 1.5% + 1,300 CNY
o 500,000-1,000,000 CNY: 1% + 3,800 CNY
o 1,000,000-2,000,000 CNY: 0.9% + 4,800 CNY
o 2,000,000-5,000,000 CNY: 0.8% + 6,800 CNY
o 5,000,000-10,000,000 CNY: 0.7% + 11,800 CNY
o Over 10,000,000 CNY: 0.6% + 21,800 CNY
o Over 20,000,000 CNY: 0.5% + 41,800 CNY
For example, for a claim amount of 100,000 CNY, the acceptance fee is 2,300 CNY. For a claim amount of 500,000 CNY, the acceptance fee is 8,800 CNY. For a claim amount of 1,000,000 CNY, the acceptance fee is 13,800 CNY.
If you are dissatisfied with the first trial and wish to appeal (please refer to “FAQ: A Guide for Filing Lawsuits in China”), you only need to pay based on the difference between the amount you want and the court’s actual judgment.
For other types of cases (e.g., divorce, defamation), the fees are calculated differently. If unsure, please consult us.
Application Fee for a Freezing Order:
For what a freezing order is and how to apply for it, please refer to “Freezing Assets in China: What You Need to Know.” The fee for applying to the court to freeze assets depends on the amount you want to freeze. The application fee is usually much less than the case acceptance fee.
o For property amounts not exceeding 1,000 CNY or not involving property amounts: 30 CNY
o 1,000-100,000 CNY: 1% + 20 CNY
o 100,000-896,000 CNY: 0.5% + 520 CNY
o Over 896,000 CNY: 5,000 CNY
Freezing assets is optional and based on your case’s specifics. If you do not apply, you do not need to pay this fee. Lawyers can advise you on whether to apply based on your case, but the final decision is yours.
Please note that the above court fee calculation standards are for reference only. The specific amount is subject to the court’s payment notice.
Fees paid to lawyers
Each law firm has slightly different fee standards and methods. Here we provide our fee standards for your reference. For litigation cases, our fees are generally within 5%-10% of the claim amount. After discussing your case, we will provide a specific quotation, which includes travel expenses. Any additional fees will be agreed upon beforehand.
Please note that litigation fees, arbitration fees, certification fees, translation fees, etc., incurred during the provision of legal services are not included in the lawyer’s service fee and are to be paid separately by you.
If you require our service as legal advisors in China for other matters, please contact us. Specific fee methods and plans will be provided separately.
Fees paid to third parties
The fees paid to third parties during litigation are usually minor expenses.
Certification fee:
Copies of passports, power of attorney, etc., need to be submitted to Chinese courts with Apostille Certificates to be recognized by the court. (Please refer to “Essential Documents for Filing a Lawsuit in China” for details.) The Apostille process needs to be done in your country of residence. Please consult the competent authorities for the amount of fees required.
Translation fee:
All non-Chinese documents must be translated into Chinese by a court-approved translation agency. This will incur translation fees. We have long-term partnerships with translation agencies, allowing us to secure discounted rates. The cost depends on the volume of documents, typically around a few hundred CNY.
After you choose to engage our service, the lawyer can help you request a quote from the translation agency based on your documents. Fees will only be incurred with your approval.
You may also choose another registered translation agency in China. If needed, the lawyer can explain the requirements to your chosen agency to ensure the translations meet court standards.
Insurance fee:
When applying to freeze the defendant’s assets, the court usually requires a guarantee to ensure the application is not malicious. Overseas applicants can purchase insurance from an insurance company, which will provide the guarantee to the court. This one-time fee is relatively small, usually around a couple thousand CNY, depending on the claim amount and the court location.
After you choose to engage our service, the lawyer can request a quote from the insurance company based on your case. Fees will only be incurred with your approval.
As asset freezing is optional, if you decide not to apply, this fee is not required.
Some specific cases may require additional expenses, which we will explain to you in advance. If you have any questions about the above fees or need further clarification, please feel free to consult us. We are here to assist you throughout the legal process and ensure you understand all potential costs involved. Your satisfaction and understanding are our top priorities.
Siyuan Xu
License No.: 13201202311672894
About the Author:
With a rich background in international trade, Siyuan brings a unique perspective to the legal field. Her extensive experience in trade has equipped her with the ability to provide practical and down-to-earth advice to her clients. Since transitioning to law, she has successfully assisted numerous clients, earning a reputation for her exceptional courtroom skills. Her dedication and expertise make her a trusted advisor and a formidable advocate in court. Her commitment to her clients and her ability to navigate complex legal landscapes ensure that she delivers the best possible outcomes.
Contact: zlxlawyer@bjcelue.com or WhatsApp +86 18362959702
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