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How to file a lawsuit in China

On Behalf of | Jan 4, 2023 | Business Law

Most businesses consider litigation a last result when handling disputes. While filing a lawsuit against a company can be complicated in the best-case scenario, it can become more complex when you work with companies overseas.

If you have to file a lawsuit in China, you need to know which procedures to expect.

Determine where you want to file the lawsuit

Where you file your lawsuit will determine the procedures you must go through. If you live in the U.S., you may not know all the local rules and regulations. When you file a civil case against a company within China, you may require a lawyer from the People’s Republic of China. However, you do not have to travel to China to continue forward with litigation. You can receive help regarding translation and legal documentation in the states.

Learn the Chinese name of the business

Before filing a civil suit, you need to know the Chinese name of the business you work with. When working with an international business, you may only see the name in English or another language. However, in China, there is no legal standard for the English versions of those names. The court may not accept your lawsuit if you do not know the legal name.

In China, if you file a lawsuit, you have the burden of proof. Make sure you have all of the evidence supporting your claim before filing the lawsuit. Do not let the other company know about your suit until you have proof.