Suing a Chinese Company
or Individual in the USA

From establishing jurisdiction to obtaining and enforcing judgment โ€” we handle every stage of China-US commercial litigation with deep knowledge of both legal systems.

Why China-US Litigation Is Different

Filing a lawsuit against a Chinese company or individual in a US court presents unique challenges that standard US litigation experience alone cannot address. You need an attorney who understands both systems โ€” and has the tools to bridge them.

๐ŸŒ Why You Need a China-Savvy US Attorney

Jurisdiction analysis under Chinese corporate law, service of process via Hague Convention, and strategy around Chinese defendants who may ignore US proceedings โ€” these require specialized knowledge most US litigators don't have.

Step 1: Establishing Jurisdiction

The first question in any case against a Chinese party is whether a US court has personal jurisdiction over them. Courts may have jurisdiction when the Chinese party:

  • Sells products directly into the US market (stream of commerce)
  • Signed a contract with a US company containing a US choice-of-forum clause
  • Has a US subsidiary, branch, or registered agent
  • Owns US real estate or bank accounts
  • Has committed tortious acts causing harm in the US
  • Has previously appeared in US court proceedings

We evaluate your specific facts to determine the strongest jurisdictional argument and the best US court for your case.

Step 2: Service of Process

Once filed, your Chinese defendant must be properly served. This requires Hague Convention service through China's Ministry of Justice ILCC system โ€” a process we specialize in. Improper service (FedEx, email, etc.) will invalidate your entire case.

โ†’ Learn about our Hague Convention Service process

Step 3: The Default Judgment Strategy

Many Chinese defendants in US litigation take one of two approaches:

  • Ignore the lawsuit entirely โ€” hoping the US court has no power over them
  • Engage US counsel defensively โ€” contesting jurisdiction or seeking dismissal

When defendants ignore the proceedings and fail to respond after valid service, we move for default judgment โ€” a judgment in your favor without a trial. This is a powerful tool, particularly when combined with asset recovery strategy.

โš ๏ธ Default Judgment Is Just the Beginning

Obtaining a default judgment against a Chinese party is achievable. The harder part is collecting on that judgment. This is why we combine litigation strategy with asset tracing from day one โ€” identifying US-based Chinese assets before filing.

Step 4: Enforcing the US Judgment

After obtaining a US judgment, you have two primary enforcement avenues:

Option A โ€” Enforce Against US Assets: If the Chinese party holds US bank accounts, real estate, receivables, or other US-situs property, we can execute the judgment directly in US courts.

Option B โ€” Seek Recognition in China: While no US-China judgment recognition treaty exists, Chinese courts have in certain cases applied reciprocity principles to recognize US judgments. This is complex, requiring Chinese co-counsel, and is not guaranteed โ€” but increasingly viable.

Related strategy guides

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Pro forma invoice and contract mismatch with a Chinese supplier
Incoterms FOB/CIF risk of loss in Chinese supplier lawsuits
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Customs entry and import records in Chinese supplier lawsuits
Warehouse receiving and inventory discrepancy claims against Chinese suppliers
Pre-shipment sample vs bulk goods evidence
Bill of lading and freight forwarder evidence in Chinese supplier lawsuits
Short shipment or missing goods from a Chinese supplier
Rejected shipment and refund claims against a Chinese supplier
Warranty and replacement claims against a Chinese manufacturer
Chinese trading company vs factory: who to sue and serve
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How to find U.S. assets of a Chinese defendant
Default judgment after service in China
When you can seek default after serving a Chinese defendant
China Hague service translation requirements
What if China's Ministry of Justice rejects the service request?
What if the Chinese defendant name does not match the registry?
Serving a Hong Kong company vs. mainland China defendant
When alternative service may be available after failed Hague service
China Hague service pricing and quote drivers
What increases China Hague service cost?
China service completed, certificate delayed, and default timing
Serving a Chinese manufacturer in a U.S. lawsuit
China service record for default motion practice
What if a Chinese defendant appears after Hague service?
Settlement leverage after China Hague service
China service and motion to dismiss risk
Forum selection clause in a Chinese company lawsuit
Pre-suit evidence checklist for a China defendant
China Hague service for online marketplace seller lawsuits
Registered address vs. operating address for China service
Collecting a U.S. judgment against a Chinese company
Post-judgment discovery for Chinese defendant U.S. assets
Chinese company dissolved or cancelled before Hague service
Adding a Chinese defendant after filing and Hague service timing
Chinese affiliate or successor liability and Hague service
Can a U.S. subsidiary accept service for a Chinese parent?
Settlement talks before China Hague service
Serving a Chinese individual owner or guarantor
Personal jurisdiction over a Chinese company in U.S. court
Chinese supplier breach of contract lawsuit evidence
Demand letter before suing a Chinese company
Chinese supplier disappeared after receiving a deposit
Fake Chinese supplier wire-fraud lawsuit planning
Defective goods from a Chinese manufacturer evidence checklist
Payment beneficiary different from Chinese supplier
Using U.S. importer and distributor records in Chinese manufacturer lawsuits
Expedited discovery for Chinese defendant U.S. assets
Temporary restraining order against a Chinese company and Hague service planning
Asset dissipation evidence against a Chinese defendant
Preliminary injunction against a Chinese company
Prejudgment asset freeze against a Chinese defendant
Chinese buyer unpaid invoice lawsuit evidence
Chinese buyer refuses to pay after delivery
China trade receivables collection evidence
Branch, factory, or headquarters address for China service
Chinese supplier sales-agent authority and service risks

โšก Common Scenarios We Handle

  • โ—† Chinese supplier breach of contract
  • โ—† Cross-border payment fraud / scam
  • โ—† Unpaid invoices from Chinese buyer
  • โ—† Trademark/copyright infringement in China
  • โ—† E-commerce/Amazon seller disputes
  • โ—† Joint venture or equity disputes
  • โ—† Investment fraud by Chinese parties
  • โ—† Real estate transaction fraud

๐Ÿ“‹ Case Evaluation

Every China-US case is unique. Schedule a consultation to evaluate jurisdiction, service strategy, and realistic recovery prospects.

Book Consultation ($99)

305-707-8787

Common China-US Litigation Situations

Cross-Border Fraud

Business email compromise, fake product scams, fraudulent wire transfers, or investment fraud originating from China. We work with forensic accountants and Chinese counsel to trace funds and pursue recovery.

๐Ÿ“ฆ

Unpaid Trade Receivables

Chinese buyers or distributors who received your goods or services but refuse to pay. We analyze the contract, applicable law, and asset position to recommend the most efficient recovery path.

โ„ข๏ธ

IP Infringement

Chinese companies selling counterfeit or infringing products on Amazon, Alibaba, or through US distributors. We combine DMCA, trademark enforcement, and civil litigation for maximum impact.

Joint Venture Disputes

Chinese partners misappropriating assets, refusing distributions, or violating JV agreements. Complex cross-border matters requiring coordinated US and Chinese proceedings.

๐Ÿ˜๏ธ

Real Estate & Investment

Chinese investors defrauded in US real estate, or US parties defrauded by Chinese investment promoters. We handle both investor-side and defense-side matters.

Why You Need a Bilingual US Attorney

Standard US litigators โ€” no matter how skilled โ€” face critical blind spots in China-US cases:

  • Cannot directly access China's corporate registry or court records
  • Cannot communicate with Chinese courts or Ministry of Justice
  • Cannot translate and certify Chinese-language documents in-house
  • May not know which service of process methods China recognizes
  • Cannot evaluate whether a Chinese company is judgment-proof
  • May miss key Chinese law implications affecting the US case strategy

Hao Li, Esq. combines Florida/Minnesota bar membership, CFA credentials, and direct ILCC system access with fluent Mandarin and deep understanding of China's legal and business systems.

โš–๏ธ

Hao Li, Esq.

Finberg Firm PLLC ยท South Florida

  • Florida Bar + Minnesota Bar licensed
  • CFA Charterholder (financial analysis)
  • IRS Enrolled Agent
  • Direct ILCC system access
  • Fluent Mandarin Chinese
  • American Bar Foundation Fellow
Start Your Case Evaluation

China-US Litigation Questions

Can I sue a Chinese company in a US court?
Yes, under the right circumstances. If the Chinese company has sufficient "minimum contacts" with the US โ€” selling into the US market, having US subsidiaries, signing contracts with US jurisdiction clauses, or owning US assets โ€” US courts may exercise personal jurisdiction. We evaluate your specific facts in a consultation.
What is a default judgment and how does it work against Chinese defendants?
When a defendant is properly served but fails to appear or respond, the court enters a default judgment in the plaintiff's favor. This is common in China-US cases because many Chinese defendants simply ignore US proceedings. The judgment is real and enforceable โ€” the question is where to collect. Before moving, review the China service record for default motion practice.
Will a US judgment be recognized in China?
Difficult but possible. There is no US-China treaty for mutual recognition of judgments, but Chinese courts have in some cases applied reciprocity principles. More practically, if the Chinese defendant holds US assets, enforcement in the US is often more efficient. We assess both options in our case evaluation.

Ready to Pursue Your China-US Case?

Every month of delay is a month the defendant moves assets. Schedule a consultation today to discuss your case and options.

Book Case Evaluation ($99) โ†’

Or call: 305-707-8787

Frequently Asked Questions

When should I get legal help with Suing a Chinese Companyor Individual in the USA?

You should get help before filing, serving, or relying on default deadlines. Finberg Firm can review the documents, Chinese party details, and U.S. court posture.

What documents matter most for Suing a Chinese Companyor Individual in the USA?

Key records often include the complaint, summons, contracts, invoices, Chinese names and addresses, translations, court orders, and any prior service or settlement communications.

How do I request a review for Suing a Chinese Companyor Individual in the USA?

Use the contact button to send the case posture, target party information, and deadline concerns. Finberg Firm can identify next steps for China service or litigation strategy.

Frequently Asked Questions

What litigation issues are covered?

The page covers service, procedure, and practical litigation planning across China-US disputes.

Do these issues affect timing and enforcement?

Yes. Cross-border procedure can change both litigation timing and leverage.

Can outside counsel use this service?

Yes. The site includes support for attorneys and law firms.