Apart from those in the Prep Checklist, which can be found in the ‘2022 Guide to Enforce Foreign Judgments in China’, the applicant needs to prepare one more document in the case of foreign default judgments, that is, the proof documents to prove that the foreign court has legally summoned the defendant. If the foreign judgment clearly states that the defendant has been legally summoned, the litigant may be spared from submitting the said proof documents, as provided in Article 541 of the current Judicial Interpretation (2022) of China’s Civil Procedure Law.
This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.
Please note that if the said documents, together with other application materials, are not in Chinese, the applicant also needs to provide the Chinese translation of these materials. The official seal of the translation agency shall be affixed to the Chinese version. In China, some courts only accept Chinese translations provided by agencies listed in their lists of translation agencies, while others do not.
Documents relating to identities formed outside China must be notarized by local notaries in the country where such documents are located and certified by local Chinese consulates or Chinese embassies.
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Contributors: Meng Yu 余萌
