To sue a Chinese supplier for money, you pay a court filing fee calculated on a sliding scale of the amount you claim, in advance, when you file. Asking the court to freeze the supplier’s assets costs a separate application fee, capped at RMB 5,000. Both scales are set nationally by the State Council’s Measures on the Payment of Litigation Fees, articles 13 and 14. The losing party normally bears the court fees in the end, but your own lawyer’s fees are not part of them.
Everything you claim from the supplier: price refunds, deposit, liquidated damages and so on.
How the filing fee is calculated
For a claim for money or property, the fee is cumulative by band (art. 13(1)): each rate applies only to the part of the claim that falls inside its band, and the results are added up.
- Up to RMB 10,000: RMB 50 per case
- RMB 10,000 to 100,000: 2.5% of the part in this band
- RMB 100,000 to 200,000: 2%
- RMB 200,000 to 500,000: 1.5%
- RMB 500,000 to 1 million: 1%
- RMB 1 million to 2 million: 0.9%
- RMB 2 million to 5 million: 0.8%
- RMB 5 million to 10 million: 0.7%
- RMB 10 million to 20 million: 0.6%
- Above RMB 20 million: 0.5%
The fee is halved if the case ends in court mediation or the plaintiff withdraws (art. 15), and halved if the case is heard under the summary procedure (art. 16). The plaintiff pays it up front (art. 20). After judgment the losing party bears it; where each side wins in part, the court splits it as it sees fit (art. 29).
What it costs to freeze a supplier’s assets
The preservation fee is based on the value of the property actually frozen (art. 14(2)): RMB 30 up to RMB 1,000 or where no amount is involved; 1% of the part from RMB 1,000 to 100,000; 0.5% of the part above RMB 100,000; never more than RMB 5,000 in total. The calculator assumes the whole claim is frozen. If the court finds less, the fee is lower. Courts usually also want security for a freeze, which in practice is mostly a guarantee letter from an insurer under a litigation preservation liability policy, with its own premium. See How to Freeze a Chinese Company's Assets Before You Sue.
Can you make the supplier pay your legal fees?
In a Chinese court, lawyer’s fees are not court costs. Outside a few statutory exceptions, such as the reasonable costs of stopping infringement in some IP cases, you can recover them from the supplier only if the contract says the party in breach pays the other side’s legal fees, preservation fees and notary costs. Without that clause, each side usually pays its own lawyer. Arbitration works differently: you list legal fees as a separate item in the claim, and the tribunal decides how much the losing side bears according to the outcome and what is reasonable.
Our view: the number above is the entry ticket. Whether suing is worth it depends more on two things you can arrange before the order is placed: a cost-shifting clause in the contract, and a supplier with assets in its own name that a court can freeze.
What this calculator leaves out
It does not cover arbitration fees (each commission has its own schedule), enforcement fees, appeal fees, translation, notarization and legalization of your company documents, or lawyer’s fees. A foreign company suing in China usually needs its power of attorney and proof of incorporation notarized and legalized or apostilled, so budget time and money for that as well.
Frequently asked questions
Who pays the court filing fee in China?
The plaintiff pays it up front when filing. After judgment the losing party bears it, and where each side wins in part the court divides it.
Is the filing fee different for a foreign company?
No. Article 5 of the Measures applies the same scale to foreign companies, subject only to reciprocity where a foreign court treats Chinese parties differently on fees.
Does the asset freeze fee depend on my claim or on what is frozen?
On the value of the property actually frozen, capped at RMB 5,000. This calculator assumes the whole claim is frozen.
Are lawyer's fees included in court costs?
No. In court you can recover them from the supplier only if the contract provides for it, apart from a few statutory exceptions.
Sources
- State Council, Measures on the Payment of Litigation Fees (诉讼费用交纳办法, State Council Order No. 481, effective 1 April 2007), articles 5, 13, 14, 15, 16, 20 and 29, official text on gov.cn ↗
- Translations are mine and unofficial.
A supplier kept your deposit or shipped the wrong goods?
Send a few lines on the contract, the payments and where things stand. The supplier dispute assessment is USD 590 for one supplier and one order: a written opinion in 5 business days on whether to sue, where, and what it will cost.