Serving Process on Chinese Defendants: Hague Service in China and the New Rules on Judgment Enforcement
An American company spent years litigating a breach of contract case against a Shenzhen supplier. They won. Then a Chinese court refused to recognize and enforce the judgment because service of process was invalid under the Hague Service Convention.
This is not unusual. We see it constantly. Companies that hire “someone in China” to serve papers, or try to serve by mail or electronically, only to discover years later that their entire case is worthless.
Here’s rule number one: do not assume that suing a Chinese company in a U.S. court will get you paid. While the 2024 CPL has opened the door to enforcement, it remains a strategic battle that must be planned from day one. Improper service is the single fastest way to guarantee your judgment is worthless. See China Enforces United States Judgment: This Changes Pretty Much Nothing for historical context.
More than a decade ago, I wrote an article for The Wall Street Journal, Chinese Companies Court Disaster, on the growing number of lawsuits brought by foreign companies against Chinese companies and on how those Chinese companies handle them. If you are involved in a lawsuit against a Chinese company or even just considering one, I urge you to read that article. Nearly everything in it remains as true today as it was then.
Note: This post addresses Mainland China. Service in Hong Kong and Macau follows different procedures and timelines.
How Not to Serve a Chinese Defendant Under the Hague Convention
There is only one proper way to serve process on a Chinese defendant in a U.S. lawsuit: by following the Hague Service Convention to the letter. Anything else will likely be a waste of time and money.
We often hear from companies that hired someone in China to “privately” serve their lawsuit, only to discover (usually years later) that the service was invalid. Imagine spending hundreds of thousands in litigation costs, only to have the defendant win a dismissal because your service was worthless.
Private service in China is not recognized. Service by mail is also ineffective because China has formally objected to service by mail under Article 10(a) of the Hague Convention. The U.S. Supreme Court confirmed that Article 10(a) permits mail service only if the destination state has not objected; China has objected, so mail service is unavailable.
We see the same pattern in other areas of China law. Just as there are unqualified lawyers, non-lawyers, and outright fraudsters who claim to draft enforceable contracts for China but deliver documents worse than having no contract at all (see China Contract Drafting Scams: From Bad to Much Worse), there are also plenty of people who will take your money to effect worthless service of process in China. They cost less up front, but in the long run they leave you with a case that collapses.
Electronic service under Rule 4(f)(3) is a frequent misstep. Although some U.S. courts have authorized it, electronic service directly conflicts with the Hague Service Convention and is not valid for use in China. Because China has formally objected to alternative service methods under the Convention, any judgment based on electronic service carries serious enforcement risks in China. This defect could eventually prove fatal, as a judgment built on improper electronic service may collapse years later when you attempt enforcement.
Beware of “International Service of Process” Companies
So-called international service companies are another common pitfall. In our experience, most have no idea how to serve process in China. So, they just apply the rules for far simpler countries like Canada, Germany, or the U.K. to China. The result: 8 to 12 months wasted, followed by the realization that service never happened at all. By the time my law firm is brought in, we nearly always must start over as if it were day one.
If you have already attempted service on a Chinese defendant and you are not getting results, contact our Hague Service team for a service validity assessment before you waste months or years on service that may never happen.
How to Properly Serve a Chinese Defendant Under the Hague Convention
To properly serve a Chinese company or individual, a U.S. plaintiff must submit these documents to China’s Ministry of Justice:
A completed U.S. Marshals Service Form USM-94
The original English version of all documents (summons, complaint, exhibits with court seal)
A good Chinese translation of all documents (simplified written Chinese). The USM-94 itself need not be translated.
A photocopy of each document
An international money order for approximately $95, payable to the Ministry of Justice of the People’s Republic of China
China is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters. Service under this Convention must go through China’s designated Central Authority: China’s Bureau of International Judicial Assistance, Ministry of Justice, Beijing.
The Ministry of Justice forwards the documents to the appropriate local court, which then carries out service.
In our experience, everything must be correct. If your translation is incomplete or your paperwork is off by even the tiniest detail, nothing will happen. Worse, the Ministry rarely notifies you of problems; it will simply do nothing until you or your lawyer track them down. This is where our law firm provides unmatched value. Our in-house Chinese legal team follows up directly with the Ministry and local courts in Chinese, secures responses, and prevents months of silent delays.
Typical service takes four to six months, which is the Ministry’s own stated timeline, though we’ve seen cases range from 3 months (rare, and only with perfect paperwork and relatively cooperative defendants) to more than 12 months (for politically connected companies or difficult defendants who refuse service).
What If the Chinese Defendant Refuses Service?
Chinese companies and individuals often refuse service, sometimes as a stalling tactic. In these situations, we prepare a detailed affidavit or declaration documenting what happened. U.S. courts almost always accept this and deem the defendant served under the Hague Convention. It is not clear, however, how a Chinese court would view this sort of service.
Should You Even Bother Trying to Serve a Chinese Defendant?
When our law firm is retained to serve process on a Chinese company, the first question we ask is whether pursuing service is a sound strategic investment. Hague service in China is slow and costly, and sometimes the payoff simply isn’t there.
We’ve been called at least a dozen times by litigators wanting to sue specific Chinese vape battery and fireworks companies. From experience, we already know these defendants have structured themselves to avoid ever paying a judgment. In those cases, service is almost always a waste of resources.
That is why we nearly always begin with basic due diligence, which we provide for a flat fee of $1,500. This involves pulling the company’s official Chinese government registration records and conducting a comprehensive Chinese-language internet search. These sources can be surprisingly revealing. Sometimes they show that the company is well-capitalized and has assets worth pursuing. Other times, they expose a company that is little more than an empty shell. Most of the time, the results fall into a gray zone where other litigation factors determine whether pursuing service makes sense.
In addition to assessing whether the defendant is worth pursuing, due diligence also ensures that the Hague service request itself will not fail. In China, only the Chinese-language legal name of a company has any effect. The English name used in contracts or on websites is legally irrelevant. For example, “Chairman Mao’s Widgets” might be the name used publicly, but the company’s legal name could be “Shanghai Mao Rocks Widget Manufacturing Co. Ltd.” A Hague request submitted under the wrong name will fail virtually every time.
Address accuracy is just as critical. Many Hague service failures come back with the dreaded line: “no such defendant at the address provided.” This usually means the plaintiff relied on an outdated or incomplete address from a contract, bill of lading, or website instead of the company’s registered address on file with the government. If the address on your Hague submission does not match the official records, service will fail, and you may lose another 8 to 12 months before you even find out.
Before committing resources to Hague service, first ask whether the defendant has the ability and incentive to satisfy a judgment. A modest investment in due diligence can prevent a six-figure mistake and years of wasted effort. See China Due Diligence: NOT Optional.
The China Service of Process Timeline
For litigators and their clients, it’s essential to understand how long Hague service in China really takes. Below is the typical timeline, assuming all documents are prepared correctly from the start.
Days 1 to 14: Preparation
Finalize and file the English-language pleadings
Translate all required documents into simplified Chinese
Assemble the complete service packet and prepare the international money order for the Ministry of Justice
Days 14 to 21: Submission
Days 21 to 85: Service Execution
The Ministry of Justice reviews the request and forwards the documents to the appropriate local court
The local court attempts service. Consistent follow-up in Chinese, preferably by a Chinese lawyer, is often essential. Our law firm’s Chinese lawyer monitors this step closely.
Days 85 to 150: Documentation and Filing
Receive either a certificate of service or formal notice of refusal
Review the documentation and, if appropriate, file proof of service with the U.S. court
Note: If your service request is rejected at any stage, you must start over from Day 1. Precision at the outset is essential.
Can You Enforce Your United States Judgment in China?
For decades, having a foreign court judgment recognized and enforced in Mainland China was considered virtually impossible. See Enforcing U.S. Judgments in China (2016).
That landscape shifted with the 2023 Amendment to China’s Civil Procedure Law (CPL), which took effect in January 2024.
The amendment formally adopted the principle of de jure reciprocity. Under de jure reciprocity, a foreign judgment may be enforced in China if, in theory, the foreign country’s legal framework would allow enforcement of a Chinese judgment, even if no such precedent yet exists. This represents a significant departure from the old de facto reciprocity standard, which required proof that a foreign court had already enforced a Chinese judgment.
Chinese courts no longer demand evidence of a prior case. Instead, they ask whether the foreign jurisdiction’s laws permit, in principle, the recognition of Chinese judgments. This change has opened the door to enforcement of U.S. money judgments in China. Nonetheless, plaintiffs are best positioned when they sue in jurisdictions that have already enforced Chinese judgments in practice, not just in theory.
Grounds for Chinese Courts Refusing to Enforce a U.S. Judgment
Even with reciprocity, Chinese courts must refuse recognition if:
Service was defective or did not comply with Hague rules
The judgment violates Chinese public policy (punitive damages will not be enforced)
The judgment is not final and binding
Fraud is proven
A conflicting judgment already exists in China
A Checklist for Serving a Chinese Defendant
Getting Hague service right in China requires precision at every stage. A single misstep can set your case back by six to twelve months or more. One of the key advantages of working with our law firm is that we have the capability to handle every step of this process entirely in house from due diligence and translation to Chinese-language follow-up with the courts, to preparing the affidavits U.S. judges require.
Handling the work entirely through a U.S. law firm, rather than outsourcing to a generic process provider, also reduces the risk that the Chinese defendant will learn of your service plans prematurely. At the same time, you retain U.S. lawyers who are experienced in dealing with American judges and courts, while benefiting from Chinese-language counsel who directly manage the Ministry of Justice and local courts.
Conduct basic due diligence first.
Begin by pulling the defendant’s official Chinese government registration records and conducting a comprehensive Chinese-language internet search. This helps assess the company’s financial health, ownership structure, and whether it has assets worth pursuing. Skipping this step often means throwing good money after bad.
Confirm the defendant’s exact legal Chinese-language name.
Only the Chinese-language name has legal effect. The English names that appear in contracts, invoices, or on websites are irrelevant for legal purposes. Submitting a Hague request with the wrong name will almost always result in failure.
Verify the defendant’s registered service address.
The single most common reason for rejection is “no such defendant at the address provided.” This happens when plaintiffs rely on an outdated or informal address rather than the official one on file with the government. Always confirm the registered address before filing.
Never use private servers, mail, or electronic service.
China has formally objected to all alternative methods of service under the Hague Convention. Service by private process server, mail, or electronic means will be rejected by Chinese authorities and almost always invalidated by U.S. courts on appeal.
Translate every document into simplified Chinese.
Every document to be served (the summons, complaint, exhibits, and related filings) must be translated into simplified Chinese. Partial translations or machine translations are guaranteed to cause rejection. Use professional translators who understand legal terminology. Note: You do not need to translate the USM-94.
Include the USM-94.
The U.S. Marshals Service Form USM-94 is mandatory. It must be properly completed and signed by an authorized attorney or court official. An incomplete or improperly signed form will stop the process cold.
Pay the $95 fee by international money order.
The Ministry of Justice charges a processing fee of approximately $95 per request. This must be paid by international money order in U.S. dollars. Other payment methods are not accepted.
Expect 4 months minimum.
Even when done correctly, Hague service in China typically takes four to six months, and in some cases longer. Plan your litigation timeline accordingly, and do not assume a quick turnaround.
Hire counsel fluent in Chinese.
Follow-up is critical. The Ministry of Justice and local courts are far more responsive when approached in Chinese, preferably by a licensed Chinese lawyer. Our firm uses in-house Chinese counsel to monitor and expedite the process.
Document refusals.
Defendants in China often refuse service. These refusals must be carefully documented, with affidavits or declarations prepared for the U.S. court. In most cases, the court will still deem service effective if refusal is properly recorded.
Think strategically about enforcement.
Service is just the first step. Consider whether the Chinese defendant has assets in China or abroad that can realistically be reached, and whether your judgment will be enforceable under China’s 2024 CPL reciprocity rules.
Frequently Asked Questions About Hague Service on China
Why can’t my local U.S. litigation firm simply handle this process?
While your litigation firm drafts the complaint, Hague service in China is a specialized administrative and legal process. It requires perfectly prepared documents, specific fee payments, and fluent Chinese-speaking liaison with the Chinese Ministry of Justice and local courts. Our international litigation team is experienced with these complex cross-border procedures, ensuring compliance with the Hague Service Convention and providing proactive follow-up.
How much time will I lose if the service request is rejected?
A rejection due to a technical error (e.g., incomplete translation, wrong court seal) means you must restart the process from scratch. Given that correct service can take 4 to 6 months, a single rejection can easily cost you 6 to 12 months of valuable litigation time while the defendant continues to operate.
The defendant has refused service. Is my lawsuit now dead?
No. Refusal is common and often a stalling tactic. We work with our local agents to document the refusal precisely, then prepare a detailed affidavit or declaration for your U.S. court explaining what happened under the Hague Convention rules. U.S. courts almost always accept this documentation and deem the defendant properly served, allowing your lawsuit to proceed.
My case is time-sensitive. Can you expedite the process?
While we cannot control the Chinese government’s final processing speed, we control every factor that slows cases down. Our in-house Chinese counsel conducts continuous, direct follow-up with the Central Authority and local courts in Chinese, and our U.S. litigators keep your docket on track. This proactive management often shaves weeks off the typical timeline.
I hired a cheap “private server” in China. What should I do now?
Stop immediately. Private service is not valid for litigation in Chinese courts and has been rejected by U.S. courts under Article 10(a) of the Hague Convention. If you proceed with a judgment based on improper service, you will likely be unable to ever enforce it. Contact us immediately to review your existing service attempt and restart the process correctly before more time is lost.
Can I serve a Chinese defendant by mail or email (including Rule 4(f)(3))?
No. China has formally objected to all Article 10 methods under the Hague Service Convention. Mail service is unavailable, and electronic service conflicts with the Convention where a physical address in China is known. Any judgment based on mail or email service is highly vulnerable and may be invalidated during enforcement proceedings.
Can I enforce a U.S. judgment in China after Hague service?
Yes, but it is extremely difficult and requires a separate application. Hague service enables the U.S. case; enforcement against assets in Mainland China requires a separate, complex application under the new 2024 CPL reciprocity rules. We specialize in both.
What documents must be translated for service in China?
Every single document to be served must be translated into simplified Chinese, including the summons, complaint, all exhibits, and even cover pages. Partial translations are guaranteed to cause rejection.
Can a Chinese company waive Hague service and accept service in the U.S.?
Theoretically yes, but Chinese courts may still refuse to enforce a U.S. judgment if Hague service was not followed, even if the defendant contractually waived it. Our advice: follow the Hague Convention regardless of what your contract says. It’s the only guaranteed path.
What happens if the Chinese company changes its address during the service process?
If the defendant relocates during service, you must update your service request with the new address and restart the process with the Ministry of Justice. If we discover the address has changed, we update everything before filing, preventing costly restarts. This is also another reason why we verify the defendant’s current registered address through official Chinese company records before initiating service
What if I used the wrong Chinese company name or English trade name?
Your service will fail. Only the Chinese-language name of a company has legal effect in China. If you list the company under its English trade name (even if it’s widely used), the Ministry of Justice will not process the request. This mistake is fatal because China does not allow amendments once a Hague Request is filed. If you get the name wrong, you are back to square one, starting over with a new request and new costs.
Do I need to serve both the company and its individual directors or officers?
It depends on your claims. If you are suing only the corporate entity, serve only the company at its registered address. If you are also suing individual directors, officers, or shareholders personally (for fraud, piercing the corporate veil, etc.), each individual must be served separately under the Hague Convention. This multiplies the time, cost, and complexity.
What if my judgment includes both monetary damages and injunctive relief?
Chinese courts will typically enforce the monetary damages portion of a foreign judgment, but they almost never enforce injunctive relief (such as orders to stop manufacturing, cease using trademarks, or destroy goods). If your judgment includes both, expect the Chinese court to “sever” the judgment and enforce only the money component. Strategic tip: structure your U.S. litigation to focus on monetary damages if China enforcement is your goal.
How much does the complete Hague service process typically cost?
Expect to spend $6,500 to $12,500. Your fees and costs will typically include:
Professional translation of documents (cost varies depending on length and complexity)
Chinese Ministry of Justice filing fee (approximately $95, paid by international money order)
Legal fees for preparation, submission, and follow-up ($3,500 to $6,500)
The above are purely for service of process. The $1,500 due diligence fee is separate and precedes service costs, so you can make an informed go or no-go decision before committing to Hague service.
Key Takeaways
Hague service in China is mandatory and highly technical
Many defendants are uncollectible. Due diligence is critical
International service companies and shortcuts nearly always fail
Service usually takes 4 to 6 months, sometimes longer
The 2024 CPL makes foreign judgment enforcement in China possible
Success depends on doing everything correctly from day one
If you are suing a Chinese company, get everything right the first time. Contact our International Litigation Team to discuss Hague service, due diligence, and enforcement strategies tailored to your case.
