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How to Sue a Chinese Supplier: A Step-by-Step Guide

The honest, practical path from "we have a problem" to "we have a judgment" — and the reality check most articles skip.

If you're reading this, you're probably at one of two moments: your Chinese supplier owes you money or goods and has stopped answering, or you're weighing whether to sue and want to understand the road ahead before you commit.

Here is the honest version. Suing a Chinese supplier is workable, rules-based, and increasingly routine for foreign parties. It is not instant, not cheap, and not guaranteed. The difference between buyers who recover their money and buyers who walk away empty-handed is rarely luck — it's whether they understood the sequence of steps below before they started.

Step 0: Decide whether it's worth suing at all

Before any court filing, run the three questions that decide everything:

  1. Is the claim provable? Do you have documents — contract or PI, invoices, payment records, correspondence — that establish what was agreed and what went wrong? Chinese courts decide on evidence, not impressions.
  2. Is there anything to collect? A judgment is only worth what it can enforce against. If the supplier is a shell with no assets, no bank balance, and no real operations, even a perfect judgment may collect nothing.
  3. Does the math work? Compare the realistic recovery against the realistic cost (court fees, preservation, notarization, translation, counsel) and the time. Sometimes the right answer is a demand letter, a negotiated settlement, or walking away — and a good lawyer will tell you so.

If all three answers are yes, litigation can genuinely deliver. If any one is doubtful, fix that problem first — verification before you pay exists precisely so you never reach this step with a shell company.

Where you sue: jurisdiction and governing law

China is usually the right forum. The supplier is a Chinese company; its assets are in China; its shareholders, premises, and bank accounts are reachable only by a Chinese court. Suing in your own country produces a judgment that then has to be recognized and enforced in China — a longer, more fragile path. For most supplier disputes, the practical forum is the Chinese court where the defendant is domiciled or where the contract was performed.

Foreign parties can sue in China, and here's the rule that shapes everything: under Chinese civil procedure law, a foreign party participating in litigation in a Chinese court must be represented by a lawyer licensed to practice in China. This is not optional. Foreign lawyers may not appear as counsel in Chinese court proceedings. That's why, when your counterparty is Chinese, you want a China-licensed lawyer from day one — not just on the day you file.

Governing law: if your deal crosses two countries that are both contracting states of the United Nations Convention on Contracts for the International Sale of Goods (CISG) — China is, and most major trading partners are — the CISG applies automatically unless the parties have excluded it. That means your sale is governed by a body of rules designed for international trade, often alongside Chinese law on matters the CISG leaves open. The two systems work together, and your lawyer should know exactly how.

Law cited: United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), Article 1 (sphere of application). CISG applies automatically to sales between parties in different contracting states unless excluded.

The three-year clock: limitation periods

China's general limitation period for civil claims is three years from the date the right-holder knows or should have known of the infringement. There are exceptions and extensions, but plan for three years — and treat it as a deadline, not a suggestion.

The limitation clock can be interrupted — by the debtor acknowledging the claim, or by the creditor making a formal demand — which is one reason a documented demand letter is never wasted paperwork. But don't rely on a casual WhatsApp message to stop the clock; courts look at whether the demand clearly asserted the claim.

Law cited: Civil Code of the People's Republic of China, Article 188 — limitation period for requesting protection of civil rights is three years; longer periods apply where a law so provides. Article 195 lists the circumstances that interrupt the period.

Get your evidence in order

Chinese courts are evidence-driven in a very literal way. The case is won or lost on what you can show:

  • Contract formation: signed contract, PI, purchase order, or quotes. Don't have a signed contract? Article 469 of the Civil Code recognizes written form to include electronic data — emails, WeChat/WhatsApp records — and the CISG imposes no writing requirement at all. Your deal may still be provable; it just takes more assembling.
  • Payment: bank statements, transfer confirmations, receipts — proof of what you paid, when, and to whom.
  • Performance: delivery records, bills of lading, inspection reports, photos, testing certificates — proof of what was promised versus what arrived.
  • Correspondence: the full thread, kept raw. Screenshots alone are weak; the complete, unedited record is strong. Back it up before the other side deletes anything.
  • Foreign documents: documents originating abroad may need notarization and legalization (apostille for countries in the Hague Convention), plus Chinese translation. Budget for this — it's a common surprise.

A disciplined habit saves cases: from the first sign of trouble, stop chatting casually and start documenting deliberately.

Freeze assets before judgment

The single most under-used weapon in cross-border disputes is asset preservation (财产保全). Chinese courts can freeze bank accounts, seize goods, or attach other assets before or during the case — provided you apply promptly and provide security (which can usually be arranged cheaply through preservation insurance).

Why this matters: the moment a supplier learns it's being sued, its first instinct is often to move money. Preservation flips the order — assets are locked first, then the case proceeds at leisure. In disputes involving Chinese companies, I treat preservation as a default consideration, not an exception.

There's a trade-off to understand: preservation gives away that legal action has started. That's why the sequence in real cases is usually evidence → demand letter → preservation → filing, not the reverse. Get the sequence wrong and you hand the other side a head start.

The case itself: filing to judgment

The outline of a Chinese commercial case:

  1. Filing. Your lawyer files the complaint with the competent court. The court reviews and either accepts the case or asks for corrections.
  2. Service. The defendant is served. This is where a confirmed registered address — or a verified business license — proves its worth. (Yet another reason entity verification matters.)
  3. Exchange & hearings. Evidence is exchanged; the court holds hearings; both sides present and challenge evidence. Foreign parties can participate remotely or through counsel; travel is usually unnecessary.
  4. Judgment. First-instance judgments in commercial cases typically take several months to a year or more, depending on the court, the complexity, and whether either side appeals. Realistic ranges should be discussed for your specific case — no honest lawyer gives you a single number.

Throughout, your lawyer handles procedure, translation, and filings. Your job: provide documents, answer questions, and stay organized.

What it costs

ItemReality
Court filing feeSet by regulation as a percentage of claim value. The losing party generally bears the prevailing party's court fee.
Preservation securityRequired to freeze assets; obtainable via insurance-backed guarantee at a small percentage of the preserved amount.
Notarization & legalizationFor foreign-origin documents, depending on the country of origin and the Hague Convention.
TranslationAll court submissions in Chinese; your copies in English.
Counsel feesAgreed in advance. On this site's litigation service page, by fixed scope and fixed fee, in USD.

Get a written cost and timeline estimate before you commit. If the economics don't make sense, the right advice may be not to litigate — a fixed-fee demand letter sometimes achieves more, faster, at a fraction of the cost.

Enforcement: the part everyone forgets

Winning is not the finish line. Chinese courts enforce judgments through the execution system — freezing and garnishing accounts, seizing and auctioning assets, restricting travel and high consumption, and naming the company to the dishonest-debtor list. The harder question is whether there's anything to seize, which is why preservation and asset thinking come before the lawsuit, not after it.

Two enforcement realities worth knowing now:

  • One-person companies give you a second pocket. If the supplier is a one-person company, its sole shareholder bears joint and several liability for the company's debts unless he can prove his assets are separate (Company Law of the PRC, revised 2023, Article 23(3)). This turns many "uncollectable" judgments collectable.
  • Asset tracing is where financial experience pays. Where the registered company is empty, the money is often somewhere nearby — related entities, related accounts, transferred inventory. Finding it is an investigative skill, not a form-filling exercise.

Enforcement deserves its own treatment — read the full guide here, or see how we handle litigation and enforcement.

The honest close: suing a Chinese supplier can work, and for many buyers it's the only way to get their money back. But it rewards preparation — verification done early, evidence kept raw, preservation considered before filing, and a China-licensed lawyer in place from the start. If you'd like a straight read on whether your case meets the three tests above, send me what happened.
CH

Chen Hang, Attorney-at-Law

Shanghai Landing (Fuzhou) Law Office. Degrees in law and accounting; LL.M. from Spain; 7 years in practice; over RMB 3 billion in financial and commercial matters handled. More about me →

This article is general information, not legal advice, and does not create an attorney–client relationship. Legal citations refer to the named statutes as currently in force; always confirm current law with counsel. Outcomes vary by case; nothing here is a guarantee of results.