境外执行

在外国保全财产并执行中国判决

海外诉讼

在外国承认中国判决或起诉

中国缺席判决如何在外国顺利执行？秘诀竟如此简单！

Posted on 2024年7月1日

在跨境债务催收的实践中，我们经常面临在境外执行中国法院判决的情境。

这其中，缺席判决的执行尤为棘手。

外国法院在审查中国判决时，对被告的诉讼权利保障尤为关注、

缺席判决往往让外国质疑被告的出庭应诉权是否被充分尊重。

想象一下，债务人已将资产转移海外，国内判决难以执行，而诉讼过程中又发现债务人已不在国内。

这时，缺席判决就成了跨境债务催收的常态。

最近一个月，我们就遭遇了六起类似案件。

缺席判决对境外执行来说，确实是个大问题。

外国法院会深入探究：

被告是否确实收到了出庭通知却选择不出庭？

还是他们根本就没收到通知，因此无法出庭应诉？

在很多案件中，由于无法联系到债务人，中国法院在尝试多种正式司法送达方式未果后，会选择公告送达。

但“穷尽”送达方式的定义，在中外法院间存在差异。

中国法院可能认为，尝试过单位、户籍地和住宅的送达后，就已“穷尽”方法。

然而，外国法院却可能认为，只有尝试过所有可能的联系方式，才算真正“穷尽”。

他们会质疑：

你有债务人的手机号，发过开庭短信吗？

有他的电子邮箱，发过开庭邮件吗？

有他的微信，是否尝试过微信通知？

甚至在小红书上，你是否也尝试过在债务人的账号下留言通知？

如果你掌握了这些联系方式，却没有尝试通知，就直接开庭并作出缺席判决，那么外国法院很可能会认为，这一判决在公正性上存在瑕疵。

因为它没有充分保障被告的出庭应诉权。

这一瑕疵，足以让外国法院拒绝承认与执行该中国判决，导致债权人无法追讨债务人在外国的资产。

在中国，微信、小红书等非正式通知方式可能不被中国法院认可。

但是，如果你打算在外国执行判决，那么任何你掌握的联系方式，都事先值得一试。

只要你能证明已通知债务人开庭，而他们自己选择不出庭，那么这份缺席判决在国外的执行，就会顺利许多。

好，现在的问题是：如果木已成舟，该怎么办？

如果现在已有一份在外国法院看来存在瑕疵的缺席判决，那该怎么办？

别担心，我们的跨境债务催收团队仍有解决方案——通过合适的方式在外国法院另行提起诉讼。

这一策略已经在澳大利亚得到了现实案例的确认。

具体的诉讼策略，我们将在后续文章中为您揭晓。

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