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AREAS OF PRACTICE
How to Sue a Chinese Company
Expert legal representation for commercial cases in China’s courts
If you are involved in a legal dispute in China, it is critical to hire experienced legal counsel to protect your interests. Our firm provides professional Chinese court and litigation services to help clients navigate the legal process and strive for the best possible outcome.
Our team of experienced Chinese lawyers has extensive experience representing clients in Chinese courts and other legal proceedings. We can provide comprehensive support in all aspects of the legal process, including filing lawsuits, defending lawsuits, negotiating settlements, and representing you in court. We have a deep understanding of the Chinese legal system and can provide strategic guidance on how to successfully navigate the litigation process and achieve your goals.
Whether you are a foreign company involved in a legal dispute in China or a domestic enterprise seeking legal representation, we can help you. Our lawyers are fluent in Chinese and have a deep understanding of Chinese business culture, enabling them to excel in dealing with the unique challenges that may arise in legal proceedings.
We pride ourselves on providing personalized, high-quality legal services to our clients. We take the time to understand your business goals and needs and work closely with you to develop the most effective strategy to achieve those goals. Whether you are a small startup or a large multinational corporation, we have the experience and expertise to help you achieve your goals. Contact us today to learn more about the full range of legal services we provide in China.
Chinese Court & Litigation
One-stop solutions in line with Chinese legal system.
Mediation
Our experienced attorneys help you create a“win-win" agreement instead of the “all-or-nothing" outcomes that typically accompanya case trial.
Arbitration
Ourlegal team provides trusted counsel andvigorous representation in protecting your interests in Chinese arbitration courts suchas CICC, CCOlC, and CCPIT.
Litigation
Our experienced Chinese attorneys have extensive experience handling a wide range of business and trading disputes and are ableto reduce your costs and improve effciency.
Lawyer Demand Letter
Our experienced legal team can provide you with a tailored letter of demand to state your rights, recover debts and resolve issues quickly and inexpensively.
Settlement Negotiation
Settlement Negotiation
Our China legal team incorporates different strategies ofinfuence to deliver settlement requests in a way that makes them accepted and optimizes settlement outcomes.
Judgement Enforcement
Our team will assess the matter and propose bespoke terms depending on the complexity and risk of the engagement and your unique needs.
Chinese Lawyer & Attorney FAQs
FAQs about China law firms, Chinese lawyers, and legal services in China.
How do I serve legal documents to a defendant in China?
Our experienced China lawyers can assist you in serving legal documents on a defendant in China. To serve legal documents in China, you will need to follow specific procedures depending on the specific circumstances of your case. Some general steps that may be involved in serving legal documents in China include:
Determine the appropriate method of service: In China, legal documents can usually be served by personal service, registered mail, or service. The appropriate method of service depends on the specific circumstances of the case and the location of the defendant.
Prepare the legal documents: The legal documents that need to be served depend on the specific case, but may include documents such as a complaint, summons, or subpoena.
Serve the legal documents: Once the legal documents are prepared, they can be served on the defendant according to the selected service method. If served in person, the documents should be handed to the defendant or delivered to the person in charge at the defendant's residence or place of business. If served by registered mail, the documents should be sent to the defendant's address, return receipt requested. If you use a service, the service will be responsible for serving the documents.
Provide proof of service: Once the legal documents are served, you will need to provide the court with proof of service. This may include submitting a proof of service or a receipt signed by the defendant.
Our China law firm and China lawyers can assist you in every step of serving legal documents in China.
Is it necessary to have a Chinese lawyer to file a lawsuit in China?
Our experienced Chinese lawyers can assist you through the process of filing a lawsuit in China. While it is not necessary to hire a Chinese lawyer to file a lawsuit in China, we generally recommend that you seek the guidance of a Chinese lawyer for several reasons.
First, Chinese lawyers are familiar with the local legal system and procedures and can advise you on the appropriate forum and jurisdiction for your case, as well as the necessary steps to prepare and file a lawsuit.
Second, Chinese lawyers are able to communicate effectively with the court and other parties involved in the case and can represent you in court proceedings and negotiations.
Third, Chinese lawyers can provide guidance on the specific laws and regulations that may apply to your case and any potential defenses or rebuttals that the defendant may raise.
We can assist you through every step of the litigation process in China, from preparing and filing a lawsuit to representing you in court. Contact us to learn more about our litigation services.
How long does the lawsuit process typically take in China?
Our experienced China lawyers can help you navigate the China litigation process and advise you on the expected timeline for your specific case. In general, the length of China litigation varies depending on the complexity of the case and the level of court.
The average trial time for first instance (primary instance) civil and commercial cases in China is one year, but some cases can be faster or longer. The length of the appeal process also varies, with some cases being resolved in a few months and others taking years.
Criminal cases in China typically take longer to process than civil cases, with the average trial time for first instance criminal cases being approximately 18 months. The appeal process for criminal cases also varies, but is generally shorter than the initial trial.
Our China lawyers can help you understand the expected trial timeline for your case and advise you on the most appropriate litigation options. Please contact us to learn more about our services.
How do I file a lawsuit in a Chinese court?
If you are considering filing a lawsuit in a Chinese court, it is important to understand the steps involved. Our experienced Chinese lawyers can guide you through each step to ensure your case is handled efficiently. Here are the steps to filing a lawsuit in China:
Gather all relevant documents, including contracts, agreements, and evidence supporting your claim.
Determine the appropriate court for your case based on the cause of action and where the parties are located. There are four levels of courts in China: the Supreme People's Court, the High People's Court, the Intermediate People's Court, and the District People's Court.
File a complaint with the court, which should clearly state the facts of the case, the legal basis for the claim, and any relief sought.
Serve the defendant with the complaint, either in person or by registered mail.
Attend any necessary hearings or proceedings, such as pre-trial conferences or mediation.
Present your case to the court, including all evidence and witness testimony.
Wait for the court's decision. If the decision is not in your favor, you may choose to appeal.
Our experienced Chinese lawyers can assist you with every step of the litigation process. We can help you gather the necessary documents, identify the appropriate court, and effectively present your case to increase your chances of success. Contact us to learn more about our China litigation services.
What are the costs associated with filing a lawsuit in a Chinese court?
Our experienced Chinese lawyers can advise you on the costs associated with filing a lawsuit in a Chinese court. The exact costs will depend on the specific circumstances of your case, but some of the costs that may be involved include:
Filing fees: Chinese courts typically charge litigation fees, which vary depending on the type of case and the level of court.
Legal representation: If you choose to hire a Chinese lawyer to handle your case, you will need to pay attorney fees. These fees will vary depending on the complexity of the case and the experience of the lawyer.
Expert testimony: If you need to provide expert testimony in your case, you may need to pay expert witness fees.
Travel expenses: If you are a foreign plaintiff and need to travel to China to participate in litigation proceedings or handle other legal matters related to your case, you will need to pay your own travel expenses.
We can help you better understand the costs that may be involved in your specific case and advise you on the most cost-effective course of action. Please contact us to learn more about our China legal services.
Can I file a lawsuit against a Chinese company or individual as a foreign plaintiff?
As a foreign individual or company, you may file a lawsuit against a Chinese company or individual in a Chinese court. Our experienced Chinese lawyers can assist you in understanding the legal considerations that may apply to foreign plaintiffs in China.
First, it is critical to determine whether the Chinese court has jurisdiction over the case. Generally speaking, Chinese courts have jurisdiction over cases involving Chinese defendants or where the dispute occurred in China. However, there may be exceptions to this rule depending on the specific circumstances of the case.
Second, the foreign plaintiff may need to appoint a legal representative in China to represent it in the case. This representative can be a Chinese lawyer or a Chinese company authorized to serve as a legal representative.
Finally, the foreign plaintiff may need to provide evidence to support its claims and may need to follow certain procedures to serve legal documents on the defendant.
We can help you understand the legal considerations that apply to foreign plaintiffs in China and assist you in ensuring that your case is handled efficiently. Please contact us at our Chinese law firm to learn more about our services.
What types of cases can be heard in a Chinese court?
Our experienced Chinese lawyers are able to handle a wide range of legal cases heard in Chinese courts. The types of cases we can assist with include:
Civil disputes involving contracts, torts, property rights, and other private legal matters.
Criminal offenses such as theft, fraud, and assault.
Administrative disputes with government agencies or public officials regarding the interpretation or application of laws and regulations.
Labor disputes involving employment contracts, wage disputes, and wrongful dismissal.
Intellectual property cases involving trademarks, patents, and copyrights.
Environmental disputes involving pollution, waste disposal, and other environmental issues.
It is important to note that Chinese courts may not have jurisdiction over certain types of cases, such as those involving foreign diplomatic immunity or those that fall within the exclusive jurisdiction of military courts. In these cases, alternative dispute resolution methods such as mediation or arbitration may be necessary. Our team of experienced Chinese lawyers can advise you on the most appropriate course of action for your specific case. Contact us to learn more about our services.
How do I enforce a judgment issued by a Chinese court?
If you have obtained a judgment from a Chinese court and are seeking to enforce it, we can help you. As Chinese lawyers, we have an in-depth understanding of the local legal system and can assist you with the judgment enforcement process.
The first step in enforcing a Chinese judgment is to obtain a certified copy of the judgment from the court that rendered it. This needs to be submitted to the relevant authorities in the country where you wish to enforce the judgment.
Next, you will need to research the specific process for enforcing a foreign judgment in the country where you wish to enforce it. This can vary by country and its laws.
To assist with the enforcement process, it is recommended that you retain a local attorney or legal representative who is familiar with the legal system of the country where you are seeking to enforce the judgment. We can provide experienced legal representation to guide you through this process.
Once the judgment is enforced, the debtor will be required to pay the amount specified in the judgment. If they do not comply, you can take further legal action to recover the debt, such as garnishing wages or seizing assets.
Enforcing a foreign judgment can be a complex and time-consuming process, and we can help you every step of the way.
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Tel:15066768857
E-mail:sales@dxjclegalconsulting.com