Suing a Chinese Company
or Individual in the USA

From establishing jurisdiction to obtaining and enforcing judgment — 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 — and has the tools to bridge them.

🌐 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 — 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 — a process we specialize in. Improper service (FedEx, email, etc.) will invalidate your entire case.

→ 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 — hoping the US court has no power over them
  • Engage US counsel defensively — contesting jurisdiction or seeking dismissal

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

⚠️ 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 — 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 — 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 — 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 — but increasingly viable.

⚡ Common Scenarios We Handle

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

📋 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

🏭

Chinese Supplier Breach

Your Chinese factory or supplier failed to deliver goods, delivered defective products, or disappeared with your deposit. We can file in US courts if jurisdictional contacts exist, or coordinate action in both jurisdictions.

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.

📦

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.

™️

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.

🏘️

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 — no matter how skilled — 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.

⚖️

Hao Li, Esq.

Finberg Firm PLLC · 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 — selling into the US market, having US subsidiaries, signing contracts with US jurisdiction clauses, or owning US assets — 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 — the question is where to collect.
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) →

Or call: 305-707-8787