What can I do if the Chinese defendant refuses to pay according to judgments?
When you sue a Chinese company that is dishonest in international trade and win the case, the losing Chinese company usually delays or refuses to pay you according to the civil judgment.
In this case, according to Article 236 of the PRC Civil Procedure Law (中华人民共和国民事诉讼法), in order to recover money from the losing party, you can apply to the court for enforcement of the effective judgment. And you don't have to worry about wasting the cost of applying if the enforcement fails, because according to the Measures for Payment of Litigation Costs (诉讼费用交纳办法) issued by the State Council of the PRC, although the court will charge an application fee when you apply for enforcement, the application fee does not need to be paid before the enforcement, but will be calculated and charged according to the amount successfully recovered after the end of the enforcement.
In addition, if you apply for enforcement of the civil judgement, recovering part of the money does not mean the end of the case or the end of the enforcement, you can continue the case until the full amount you can get as determined in the judgment is recovered.
Therefore, when the losing party refuses to pay you according to the judgment, applying for enforcement is a good way for you to recover money.
But sometimes, the losing company is a shell company and has no property to be enforced. In this case, although the losing company is shell, its shareholders are usually real, and since the shareholders of the shell company usually have personal property, you still have the opportunity to recover money