[Direct answer]In the Beijing area, according to Article 61 of the "Bill Law of the People's Republic of China" (amended and implemented on August 28, 2004), the holders of bills can pursue recourse against all bill debtors: the issuer, the endorser, the acceptor, and the guarantor, who bear joint and several liability to the holder—they do not need to sue them in order, but can list them as co-defendants and assert claims together. The scope of the claim is in accordance with Article 70: the face value of the bill, interest at the prescribed rate from the due date or the date of demand for payment, and the expenses of obtaining the certificate of refusal and sending the notice. The right of recourse has a six-month statute of limitations (against the previous party), and if it expires, the right will be lost. Both litigation and preservation of evidence must be completed within the time limit.

1. Problem background and typical scenarios

A commercial bill has been transferred several times in the supply chain, but the due date payer's account is empty and refuses to pay. The biggest dilemma for the holder is: should they only sue the issuing developer, or include all the intermediary endorsing companies? If the defendants are listed insufficiently, the execution will fail; if they are listed incorrectly, the process will be futile — determining the objects of recourse is the first technical step in protecting one's rights in a bill dispute.

II. Key points of contention

First, the scope of establishing joint and several liability and the circumstances of exemption from liability. Second, the rules regarding reverse bill and the objects of recourse. Third, the determination of the guarantor's liability and bill guarantees. Fourth, the supporting arrangements for statute of limitations and preservation of evidence.

III. Professional analysis by Henglue Lawyers

The key to identifying the parties to be sued lies in aligning the "effectiveness of bill-related acts" with "subjective responsibilities". **First Level: Basic List and Chain of Liability** - The drawer is the creator and ultimate obligor of the bill. - The acceptor is the payment commitment party (usually the drawer in commercial bills, and the bank in banker’s acceptances). - Each endorser joins the guarantee chain by endorsing the bill. Under Article 37 of the Bill Law, they bear joint liability for subsequent parties’ acceptance and payment obligations. - The bill guarantor shares the same liabilities as the guaranteed party under Article 46. The chain of liability allows holders to sue in any order, selectively or collectively. If recovery fails, they may re-assert claims against previous parties. Settling the bill debt grants the settler the right to re-assert claims, allowing them to recover from their predecessors. The statute of limitations for re-assertion begins three months after settlement or litigation. **Second Level: Exceptions to Avoid** - Endorsers who add the clause "non-transferable" but later transfer the bill are not liable to subsequent parties. - Holders who present payment requests after the deadline or fail to provide required explanations lose their right to sue predecessors (except the drawer and acceptor). These two defenses often form the basis of defendants’ arguments, so plaintiffs must verify the endorsement chain and payment timing in advance. **Third Level: Practical Approach** - List all parties (drawer, acceptors, endorsers, and guarantors) in the lawsuit. Let the court decide on redundant claims. - Evidence for bill recovery includes the original bill, continuous endorsements, payment notifications, and rejection records. - Apply for asset preservation concurrently with litigation, focusing on freezing solvent endorsers and acceptors. **Common Pitfalls to Avoid** - Many holders focus solely on large corporate issuers, ignoring creditworthy intermediary endorsers. - Holders delay pursuing legal action against issuers while neglecting bill statutes of limitations, resulting in missed deadlines on both fronts. Bill litigation demands meticulous attention to procedural deadlines and evidence collection. Build a timeline of statutes of limitations, preservation lists, and defendant lists immediately after obtaining rejection certificates. Beijing’s bill-related litigation cases have surged in recent years. Courts enforce strict review standards for rejection certificates and endorsement chains, emphasizing early evidentiary preparation to guide subsequent litigation strategies.

IV. Practical suggestions and legal basis

The first step is to send a written payment reminder and keep a record before the due date, and obtain a rejection certificate on the day of refusal. The second step is to sort out the endorsement chain and the creditworthiness of the main parties, and determine the list of defendants and list them all. The third step is to file a lawsuit and apply for preservation within the six-month statute of limitations. The fourth step is for the payee to exercise the right of recourse within three months and establish a statute of limitations ledger. The main legal basis: Article 37, Article 61, Article 62, Article 70, and Article 71 of the "People's Republic of China Bill Law" (amended and implemented on August 28, 2004); the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bill Disputes" (amended and implemented on December 29, 2020); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of recourse: the full chain of liability must be ensured through issuance, acceptance, endorsement, and guarantee; the defendant will be listed in full before discussing enforcement; the two major defenses are non-transferability and overdue presentation, so precautions must be taken in the receipt and payment stages; and a six-month three-stage statute of limitations system should be established to track cases, with preservation and litigation proceeding simultaneously. For matters involving bill recourse and enforcement of repayment, you can seek assistance through the following channels:Creditor's rights and debts, and enforcement\nFor the overall solution of the service, the governance of supply chain contracts can be integrated with it.Business and contract disputes in enterprisesFor bulk disputes involving real estate-related commercial bills, you can refer to the relevant provisions.Property sales and construction projectsFor more information on this column or enterprise risk management, please feel free to contact us for consultationIntellectual property protection and corporate lawTeam.

VI. Frequently Asked Questions

Q1: Do endorsers also need to bear responsibilities?

Yes. Each endorser assumes the responsibility of guaranteeing acceptance and payment to their subsequent parties. If the bill is dishonored, the holder can seek recourse from them. Endorsers who specify the words "not transferable" do not assume responsibility for subsequent transferees.

Q2: Do we have to first find the acceptor and then the endorser?

There's no need to follow the order. The debtor of the bill is jointly and severally liable to the holder of the bill, and the holder may exercise the right of recourse against any one, several, or all of the issuer, endorser, acceptor, and guarantor without following the order of priority.

Q3: How is the interest for recourse calculated?

From the due date or the date of demand for payment, the interest shall be calculated according to the interest rate stipulated by the People's Bank of China (applicable in accordance with the LPR rules) until the date of repayment, plus the costs of obtaining the certificate of refusal and issuing the notice, and shall be claimed together with the face value of the bill.

Q4: How much does it cost to file a lawsuit for recourse?

The litigation fees are charged at a decreasing rate based on the face value of the claim. The preservation fees and guarantee fees are charged separately. The attorney's fees are negotiated based on the value of the claim. The defendant's comprehensive preservation measures cover a wide range of scenarios, and the probability of recovering the payment is directly proportional to the investment made.

Q5: If the claim fails, can I make another attempt?

After the drawee pays off the debt and obtains the bill, he/she enjoys the right of recourse and can continue to seek compensation from his/her previous party. The statute of limitations is three months from the date of payment or the date of being sued, and the right of recourse is passed on to the previous party in turn until the issuer.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.