Are you looking into lawsuits in Beijing? Chances are that you want to file a lawsuit in China. Before we talk about how to do it, make sure you are serious.
It is very possible to hire a lawyer or attorney to file a claim in China. Our lawyers are litigation experts.
However, it’s going to cost you a lot of money. This is true of lawsuits in China, the United States, or the United Kingdom.
If you want to read about suing China for COVID-19, do a Google search for “Can China be sued for this pandemic Lawyers Daily.”
We get a lot of people contact us wanting to file lawsuits. However, the first question we ask is, can you afford it?
Only after we have confirmed you have the funds will we connect you to a Chinese lawyer for a consultation.
Some people assume the law firm is going to pay for all the witness fees, flights, hotels, court fees, and expert reports.
Also do not count on class action lawsuits. They are very complicated.
That is not going to happen.
If you want to sue foreign governments, a Chinese official, or the Chinese communist party, it’s impossible.
Do You Have A Valid Claim?
We have now established that it is not possible to sue the Chinese government or the Chinese communist party.
So who can you sue in Beijing? You can file a lawsuit against a person or company. If this is the case, fill out the form on the side of the page.
Since you now know lawsuits are expensive, make sure there is a lot of money at stake.
Let’s use an example. Let’s say you run a company in Australia that sells toys.
The toys you sell are the popular “Hairdorables” child’s toys. Let’s say they are made in a factory in Beijing.
You order $200,000 worth of Hairdorables from the factory. However, one of two things happen.
- You don’t receive the shipment
- The shipment does not meet your standards
What Kinds Of Lawsuits In Beijing Can You File?
Below is a list of some different types of lawsuits that can be filed.
- Regarding inheritance battles
- Lawsuits over contracts
- Divorce lawsuits are common in Beijing
- Lawsuits over real estate
- Litigation over child custody
- When one company owes money to another
- One person owes money to another
- Personal injury claims
- Employment law (employee is fired in an unfair way)
- Sexual abuse or discrimination
Economic Losses And Holding The Beijing Company Accountable
Continuing with our example above, do not assume that you cannot hold the company accountable.
You will want to first talk to them yourself without a lawyer. But let’s say you are getting nowhere.
Are you out $200,000? That’s up to you. You should reach out to us via the form on the side of this page.
The first step that an attorney in China might do is to send a demand letter for payment or the products.
This will hopefully get you what you want without having much cost. However, sometimes multiple demand letters must be sent.
If not, the lawyer will likely have to say that you are planning to file a lawsuit in Beijing very soon.
If they don’t get back to you, the lawyer will file the claim.
Lawsuits In Beijing, How Long Will It Take?
Lawsuits take time. They can go on for months or years. It is not like the movies where the lawsuit takes five minutes.
There are pleadings, which goes on for a while. Both sides need to write out all the facts that they agree or disagree on.
Further, both sides will discuss which laws should apply to the case.
One side might file some paperwork to try and get the lawsuit thrown out quickly.
If the defence doesn’t respond, then the person filing the lawsuit might try to win automatically.
After that, there is the discovery stage. Both sides will exchange their evidence.
If you need a law firm in Beijing, contact us for a free consultation. However, keep in mind lawsuits cost money.
Author: Alistair Vigier, CEO of ClearWay Law