Your Chinese supplier took your deposit. No shipment, no replies, and the sales manager’s WeChat account no longer exists.
Before you write off the money or book a flight to China, read this. In most cases, the next 30 days matter more than the next lawsuit.
Step 1: Investigate before you litigate
The first move is not filing a case — it’s finding out who you’re actually dealing with. Is the company still operating? Is the factory still producing? Does it own property, equipment, or equity in other companies?
We run this investigation before every engagement, and here’s why it matters: we regularly see foreign plaintiffs win their cases — and recover nothing, because the debtor had already become an empty shell. A judgment against a company with no assets is just paper. An investigation takes days; a wasted lawsuit takes a year.
Step 2: If the company is solvent — freeze first
If the investigation shows the company is operating normally, the next move is asset preservation: applying to a Chinese court to freeze the debtor’s bank accounts, equipment, and property before the full case is heard.
This is the single most powerful tool in Chinese debt recovery, and it works precisely because it surprises the debtor. A frozen bank account means payroll can’t run and suppliers can’t be paid — suddenly, the debtor is far more motivated to talk than you are.
Step 3: Choose a fee structure that can’t hurt you
The fear that stops most foreign creditors is rational: “What if I spend $50,000 on lawyers and recover nothing?”
That’s exactly why SuitWin funds claims instead of billing them. We pay the attorney’s fees. Your only expenses are third-party costs — court fees, preservation, insurance — at cost, against receipts. If nothing is recovered, you owe nothing.
One more thing: watch the clock. China’s limitation period for commercial claims is 3 years. Every month of silence from the debtor is a month off that clock.
Facing this right now? [Get a free case evaluation →] — we reply within 24 hours, and you’ll receive a written Case Evaluation Report with our honest assessment.
5.The Two Best Times of Year to Recover Debt From a Chinese Company
By Jie Yun · Partner Counsel, SuitWin Recovery · Updated September 2026
Why do some creditors recover millions from Chinese debtors within weeks, while others chase the same debt for years — and sour the relationship in the process?
Often, the difference is when they push. Chinese business culture runs on two annual rhythms that create windows of exceptional leverage. If you time your legal action to hit these windows, settlement odds rise dramatically.
Window 1: The 30 days before Chinese New Year (late January–February)
Chinese New Year is the most important holiday in China — the equivalent of Christmas, Thanksgiving, and New Year combined, with one crucial commercial tradition: debts should be settled before the holiday. A company entering the New Year with frozen bank accounts or an enforcement record faces a very uncomfortable holiday.
We saw this firsthand with a German client owed roughly $1 million in overdue payments. The debtor had stonewalled for months. We filed the case and froze the debtor’s bank accounts just before the Spring Festival — and the calls reversed overnight. The debtor, suddenly unable to operate during the most important business and family period of the year, paid in full within days.
Window 2: Late December
December is settlement season in China: companies close their books, collect their own receivables, and hold their largest cash reserves of the year. A creditor who files preservation in late December is freezing an account when it matters most.
How to use the windows
The leverage only works if you’re already positioned. Courts need 15 days to finalize preservation, and your power of attorney needs notarization and apostille (1–2 weeks). In practice, that means:
- For the CNY window: start your case evaluation in November or early December
- For the December window: start in October
Creditors who wait until the window opens usually miss it.
Not sure where your debtor stands? — our report includes the debtor’s asset status, so you know exactly when and how hard to push.
