Société de recouvrement à Hong Kong

Étape 1 - Comment fonctionne le recouvrement de créances à l'amiable (précontentieux) à Hong Kong ?

Pre-legal collection means recovering an unpaid invoice without going to court, through reminders, a formal demand and negotiation. The aim is full payment, or a signed written acknowledgement of the debt plus an instalment plan. The acknowledgement is worth pursuing for its own sake: under section 23 of the Limitation Ordinance (Cap. 347), a signed written acknowledgement or a part payment restarts the six-year limitation period.

Chronologie du recouvrement amiable

What the debtor can be asked to pay

Late-payment interest before judgment is only recoverable where the contract provides for it, or at the court's discretion once proceedings begin, so a contractual interest clause is worth checking before the first reminder. Collection costs are recoverable from the debtor only where the contract allows it. Statutory judgment interest applies once a judgment exists (see the fees section below).

When to escalate to court in Hong Kong

Escalate when the formal demand goes unanswered, the debtor raises a dispute without substance, the six-year limitation period is approaching, or assets look likely to be moved. Prepare the contract, the invoices, proof of delivery or performance, the statement of account and the interest calculation, because the same bundle supports both a Small Claims Tribunal hearing and a higher-court claim. Handle the debtor's data in line with the Personal Data (Privacy) Ordinance throughout.

Étape 2 - Comment obtenir un titre exécutoire à Hong Kong ?

Hong Kong has no administrative order-for-payment procedure, so an enforceable title means a judgment or order of a court. Which court, and how fast, depends on the value of the claim and on whether the debtor defends it.

Small Claims Tribunal (up to HK$75,000)

The Small Claims Tribunal hears monetary claims not exceeding HK$75,000, including consumer claims and ordinary debts. It is informal and legal representation is not allowed, so the parties present their own case. That keeps the cost of a small recovery proportionate, but it also means no lawyer's costs are recoverable from the debtor.

District Court and Court of First Instance

Claims over HK$75,000 and up to HK$3,000,000 are brought in the District Court; larger claims go to the Court of First Instance. Proceedings start with a writ and statement of claim under the court rules. Where the debtor files no defence, the creditor can enter judgment in default. Where a defence is filed but discloses no genuine triable issue, the creditor can apply for summary judgment on affidavit evidence. Only a genuinely disputed claim goes to a full trial, with pleadings, discovery, witness evidence and a hearing.

Costs and their recovery

The creditor advances the court fee and its own legal fees. In the District Court and the Court of First Instance costs generally follow the event, so a successful creditor can usually recover its court fee and a proportion of its legal fees as assessed party-and-party costs, though recovery of legal fees is normally partial rather than complete. A foreign creditor may be ordered to give security for costs.

En savoir plus sur les procédures judiciaires à Hong Kong

Choosing the right forum

The value of the claim sets the forum, but check for an exclusive jurisdiction clause or an arbitration clause in the contract first, because either can take the dispute out of the ordinary courts. Service on a defendant outside Hong Kong requires the court's leave.

Why the title matters

Filing stops the limitation clock, and a judgment converts the debt into a title the Bailiff can enforce, unlocking writs of execution, garnishee orders and charging orders. It also fixes the judgment interest rate that runs until payment.

Étape 3 - Comment fonctionne l'exécution forcée des créances à Hong Kong ?

Enforcement requires a valid judgment or order. With one in hand, the creditor chooses the remedy that matches the debtor's known assets and applies to the court; the Judiciary's Bailiff executes against goods, while garnishee and charging orders are made by the court and served on third parties. Enforcing an older judgment requires the court's leave.

Ways to enforce a claim in Hong Kong

• Writ of Fieri Facias (writ of execution): the Bailiff attends the debtor's premises, seizes goods and sells them, applying the proceeds to the judgment debt.
• Garnishee proceedings: a third party who owes the debtor money, typically a bank holding the debtor's account, is ordered to pay the creditor instead. The order is made first provisionally (nisi) and then made absolute.
• Charging order: both the Court of First Instance and the District Court can impose a charge over the debtor's land, shares or other securities, which can then be realised through a court-ordered sale.
• Examination of the judgment debtor: where the debtor's assets are unknown, the court can require the debtor to attend and answer questions about them on oath.

The enforcement process in Hong Kong

1. Check the title: confirm the judgment is final and correctly served, and bring the interest and costs calculation up to date.
2. Locate the assets: use public registry searches and, where needed, an examination of the judgment debtor.
3. Match remedy to asset: goods point to a writ of execution, a bank account or trade receivable to garnishee proceedings, land or securities to a charging order.
4. File and serve: lodge the application with the court, pay the fee and any Bailiff deposit, and serve as the rules require. In garnishee proceedings the third party is served before the debtor.
5. Execution: the Bailiff levies against goods, or the third party pays over the attached funds once the order is made absolute.
6. Apply the proceeds: sums recovered are applied to the principal, interest and enforcement costs, and any surplus is returned to the debtor.
7. If nothing is recovered: repeat with fresh information if the debtor's position improves, or consider a bankruptcy or winding-up petition where the claim justifies it.

Cross-border debt collection in Hong Kong

A judgment obtained outside Hong Kong is not directly enforceable there; it has to be recognised first. Under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319), a money judgment from one of the 15 designated jurisdictions can be registered in the Court of First Instance and then enforced as if it were a Hong Kong judgment. A judgment from a jurisdiction outside that list is not registrable, and the creditor instead brings a fresh action in Hong Kong on the judgment debt.

Judgments from Mainland China have their own regimes. The older arrangement, in force since 1 August 2008 (Cap. 597), covers judgments given under an exclusive choice-of-court agreement. The broader arrangement in Cap. 645, in force since 29 January 2024, removed that requirement and applies to a wider range of civil and commercial judgments in both directions.