Need to Serve a Defendant in China? Here is What You Should Know

If you need to file a lawsuit against a foreign defendant in China, do not try to navigate the complicated process on your own.

While serving process can be pretty straightforward, it can also get complicated. If this notion is true for serving lawsuits domestically in the United States, it is even more applicable when serving a foreign defendant abroad. If you need to file a lawsuit against a party in China, know that serving process in this nation must comply with the requirements of the Hague Service Convention (“HSC”) irrespective of whether the case is heard in an American court. That being said, the process is not even as simple as the expressed requirements under the HSC. Indeed, where in China the defendant resides is equally as important. Specifically, if the defendant is in Hong Kong, the options under the HSC are different than the rest of the People’s Republic of China (“PRC”). Consequently, while serving a defendant in Hong Kong requires a more thoughtful analysis, the process is also easier, faster, and more likely to allow for the enforceability of a judgment.

Serving Defendants in the People’s Republic of China

When it comes to serving a defendant in the PRC that is not Hong Kong, the following method must be strictly followed:

Translate the documents to be served. China has expressly declared that, under Article 5(3), the documents must be translated into simplified written Chinese—not Mandarin. Otherwise, China’s Central Authority will not accept the documents.
Obtain the Right Service Address. If the defendant being hired is an entity, it is best to hire a private investigator to obtain the correct address for service of process. This is a prudent step to take because there may not be a service address on any of the documents that you previously exchanged with the defendant. Failure to confirm the right service address can cause issues with the Central Authority, the local officials, or the service processor.
Complete a form USM-94. Make sure that the document is filled out completely and concisely. Likewise, be sure to have the completed document signed by an attorney or a court official. If the document is not signed by either, be sure that the form is signed by someone who is commissioned by the court.
Pay China’s Central Authority Fee. If the action arises out of the United States, payment of a fee must be wired directly to China’s Central Authority. While the HSC technically does not allow for the assessment of fees, China is not the only nation that requires payment.
Send Out and Wait. Send out the document and fee to China’s Central Authority and be prepared to wait at least 12 months from the date of submission of your documents to when you receive returned proof of service.

Let us Ensure the Service of Process on Defendants in China

If you need to file a lawsuit against a foreign defendant in China, do not try to navigate the complicated process on your own. Our team at Ancillary Legal knows how to properly handle international service of process so that you can focus on the substantive issues of your case. Contact us today.

Need to Serve a Defendant in China? Here is What You Should Know

Serving Defendants in the People’s Republic of China

Let us Ensure the Service of Process on Defendants in China

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