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As of January 2019, it takes more than 2 years to complete service of process in China. To reduce this time, Legal Language Services recommends filing for a default judgment under Article 15 of the Hague Service Convention.

We have previously published key arguments to be used when opposing counsel challenges said motion, but thus far we have not talked about the actual mechanics behind filing.

Specifically, there are two components that need to be filed in order to obtain an Article 15 default judgment when attempting service of process in China. 

Component 1: The Motion

The first component is the motion itself.

Below is a redacted copy of motion for an Article 15 default judgment. One of our clients was kind enough to provide us with this document after he received a seven figure default judgment against a Chinese manufacturer.

See the redacted motion here.


Component 2: Affidavit of Due Diligence

The second component to be filed is an affidavit of due diligence from LLS.

This document outlines:

  • why the Hague Convention must be used in China,
  • how the Chinese Central Authority and judiciary effect service, and
  • the dysfunctional nature of the Chinese Central Authority and judiciary when it comes to handling service of process from other signatory nations to the Hague Convention

Filing these two documents has allowed many of our clients to obtain Article 15 default judgments.

Contact LLS for Assistance

If you need to service process upon China, contact LLS today for assistance in filing and obtaining an Article 15 default judgment.

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