Courts and complaints

How much is the state duty when you go to court?

Huquqchi legal team

The Law on State Duty sets the amount. It depends on the type of claim, on the claim value in a property claim, and on the stage of the case. Some plaintiffs pay nothing, among them plaintiffs in labour disputes and in alimony cases. The duty is refunded if you overpaid or the court returned the claim.

What the duty depends on

Under article 6 of the Law on State Duty, the appendix to the Law sets the duty rates. The amount of the duty depends on:

Who pays nothing

Article 8 of the Law exempts a number of categories in the civil courts — for example, plaintiffs in claims to recover wages and other claims that arise from employment relations, plaintiffs in cases to recover alimony, and others. Check the exact list in the text of the Law.

Is the duty refunded

Yes, in the cases article 18 of the Law names: for example, if you paid the duty in a larger amount, if the court returned the statement of claim or refused to accept it, or if the proceedings ended because the case is not within the jurisdiction of the court. The duty is refunded on the written application of the payer or on the basis of a judicial act.

Advice

Attach the document that confirms payment of the duty to the statement of claim. Under article 195 of the Civil Procedure Code, without such a document the judge returns the application, and you can lose the time limit.

Legal sources

Legal basisLaw on State Duty, article 6 Legal basisLaw on State Duty, article 8 Legal basisLaw on State Duty, article 18

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.