The cost of suing a Chinese company consists of statutory court fees, lawyer fees, third-party expenses and, where needed, preservation security. The filing fee alone is not the total budget. Before committing, compare the likely expenditure with the evidence, the debtor's reachable assets and the recovery you can realistically pursue.
This guide helps overseas creditors build that budget. For the full statutory tables, use our China court fee guide and fee calculator.
Separate the budget into four parts
| Budget item | How it is determined | What to clarify |
|---|---|---|
| Court fees | Statutory schedule and court assessment | Filing amount, preservation request, appeal and enforcement stages |
| Lawyer fees | Written scope and engagement terms, subject to applicable rules | Which stages, applications, hearings and follow-up work are included |
| Third-party expenses | Actual provider quotations and work required | Translation, document authentication, appraisal, travel and related costs |
| Preservation security | Applicable rules and the court's requirements | Cash or other collateral, guarantee availability, insurer terms and renewals |
A preservation guarantee and its premium are different things. A premium is an expense paid for coverage; collateral can tie up capital without being a fee. The court must accept the proposed security. See our preservation guide before assuming an insurance policy will be available.
A CNY 7.2 million worked example
Assume a single ordinary monetary claim for CNY 7,200,000 and a preservation request for the same amount. This is an illustration, not a client case or fee quote. At an illustrative exchange rate of CNY 7.2 per USD, the claim equals USD 1 million; this is not a live exchange rate.
| Item | Calculation or treatment | Amount (CNY) |
|---|---|---|
| Standard first-instance filing fee | 7,200,000 × 0.7% + 11,800 | 62,200 |
| Preservation application fee | Statutory maximum reached | 5,000 |
| Initial court-fee subtotal, with preservation | 62,200 + 5,000 | **67,200** |
| Lawyer fees | Separate written proposal | To be quoted |
| Translation, authentication and appraisal | Scope and provider quotations | To be quoted |
| Preservation premium or collateral | Court and provider requirements | To be assessed |
| Scheduled enforcement application fee, if the enforcement amount is CNY 7.2 million | 52,400 + (7,200,000 − 5,000,000) × 0.5% | 63,400 |
The initial court-fee subtotal is approximately USD 9,333 using that illustrative exchange rate. It excludes legal fees and third-party costs, and assumes no fee reduction. Without a preservation application, the initial filing fee in this example is CNY 62,200.
The enforcement fee is shown separately because it arises at a different stage and is not prepaid by the applicant. It is generally borne by the judgment debtor, subject to the applicable allocation rules. Do not add it to an upfront invoice or deduct it from expected recovery without examining the actual procedure.
These calculations follow Articles 13, 14, 20 and 38 of the Measures for the Payment of Litigation Fees. The court's payment notice and treatment of the claim control the actual charges.
What affects the lawyer's quote?
A straightforward unpaid invoice supported by a signed contract and payment records differs from a dispute over product quality, multiple entities or disputed authority. The proposed fee should identify the work and procedural stages covered.
Ask whether the proposal includes a demand letter, negotiations, evidence review, filing, preservation applications, hearings, appeal and enforcement. Clarify translation and travel treatment, settlement work, tax treatment, payment milestones and what happens if the scope changes.
SueInChina's process and fees page explains the fee arrangements we assess. A contingency arrangement, where permitted and offered, still needs a precise written trigger and separate treatment of court and third-party costs. Do not equate obtaining a judgment with receiving money unless the agreed terms actually use that trigger.
Can the losing party reimburse your costs?
The court generally allocates litigation fees under Article 29, including allocation for partial success. Reimbursement still depends on the judgment, applicable rules and collectability. Attorney-fee recovery needs its own legal or contractual basis and must be assessed for the matter; it should not be assumed simply because the claim succeeds.
Court mediation or withdrawal can reduce the filing fee under Article 15. That potential saving is one factor in a settlement decision, alongside payment timing, security and enforceability of the settlement.
When may the cost outweigh the recovery?
A strong legal claim may still be uneconomic if the debtor has no reachable assets, a secured creditor has priority, or the evidence needed to establish liability is expensive to obtain. Conversely, a clear claim with identified assets may justify an early, carefully scoped action.
Before spending on a full claim, review the correct Chinese entity, payment trail, dispute-resolution clause, limitation concerns and public asset or enforcement clues. Our asset investigation guide explains what can be assessed lawfully.
What should you send for an initial assessment?
Start with the amount and currency, a short account of the dispute, the Chinese counterparty's name, the contract's dispute-resolution clause and any urgent deadline. We can then identify the additional documents needed for a meaningful scope and budget. Request an initial recovery review.