NYC awards · Foreign judgments · Preservation · Debt hub · Dispute flagship.
An unpaid invoice is not an enforcement title. If the contract has an arbitration clause, you go to that seat and then, if needed, the NYC page. If it chose PRC courts, you sue (and usually freeze first). If it chose a foreign court, you are on the harder judgment path. No clause is a jurisdiction fight, not a Convention filing. Collection agencies cannot seize accounts. A demand letter is pressure. Threatening criminal fraud to collect a commercial debt is how you buy a second China problem. Bring the chopped contract and delivery evidence before you hire anyone.
At a glance
| Question | Short answer |
|---|---|
| Invoice only? | Build a title. Not NYC yet. |
| Arbitration clause? | Seat → award → NYC. |
| Foreign court clause? | Judgments page — harder. |
| Can an agency freeze? | No. Court preservation. |
| Criminal threat? | Failure mode. |
Scope and legal framework
Contract + Civil Procedure / Arbitration Law. The dispute-resolution clause chooses the forum. PRC courts need jurisdiction. Arbitration needs a valid written agreement. Evidence: sealed contract, orders, delivery, fapiao, WeChat that actually identifies the company.
Foreign-related procedure. A foreign plaintiff usually needs a notarised and apostilled (or legalised) POA and corporate existence pack. That is a calendar item, not a footnote.
What collectors may not do. Seizure, exit bans and account freezes are court tools. Unlicensed “recovery” and public-shame tactics create administrative and criminal risk for the client who hired them.
Practical workflow
- Assemble contract, chops, delivery, statements of account.
- Asset memo — then preservation if money can move.
- Commence the forum the clause named (or the competent PRC court if none).
- Enforce the title: NYC, judgment, or domestic enforcement.
Common mistakes
- Paying a skip-tracer to “visit the factory at night.”
- Suing in your home court “because it is easier” with no China-judgment plan.
- Waiting a year while the WFOE empties the account.
Action checklist
- Clause: arb / PRC court / foreign court / none.
- Chopped contract + delivery PDF.
- Asset hypothesis (bank city, equity, receivables).
- POA / apostille calendar.
- No criminal-fraud script in the demand letter.
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Attribution
Reviewed by Shi Bingbing, lawyer at Tianjin Weishang Law Firm, Tianjin. Focuses on civil litigation and commercial dispute resolution, including cross-border enforcement matters. View directory profile →
Review tier: accuracy review of drafts (statutes, procedure orientation, and practical recovery framing). Content remains general information — not legal advice for a specific matter, and no attorney–client relationship is created by reading these pages.
Last reviewed: August 2026 · Primary sources: Key statutes and treaties.
