How are court fees calculated?

How are court fees calculated?

Court fees examples

If a person leases a property and the lessee does not pay the rent, the judicial proceeding through which the lessor will request the termination of the contract for non-payment will be the verbal trial (article 250. 1º of the Civil Procedure Law), eviction for non-payment, in which the action for termination may be joined to the action for claiming unpaid rent (article 437.4.3ª of the Civil Procedure Law) and those that are not paid during the proceedings (article 220 of the Civil Procedure Law).

If it turns out that the lessor is a legal entity the filing of the lawsuit is subject to the payment of fee for the exercise of jurisdictional power, better known as court fee, regulated by Law 10/2012, of November.

As you already know, the fee is composed of a variable part, equivalent to a percentage of the amount of the claim (0.50% for amounts up to one million euros plus 0.25% on what exceeds that million) and a fixed part, the amount of which depends on the type of procedure.

Procurator’s Fees

It is a state tax, so it must be paid throughout the national territory. In addition, if the process takes place in an Autonomous Community that in the exercise of its financial competences has approved some other autonomous community tax, this tax must also be paid.

All natural or legal persons who wish to file a lawsuit or appeal in the civil, contentious-administrative or social order (cases provided for in art. 2 of Law 10/2012, of 20 November). These fees do not apply to the criminal or military jurisdictional order.

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Payment of the fee must be made before initiating any of the procedures in which Law 10/2012 of November 20 considers payment of the tax to be mandatory (cases provided for in art. 2).

In the rest of the cases you can choose to process the forms by Internet or print them and make the management through any Collaborating Entity (Banks, Savings Banks or Credit Cooperatives) or Depository Entity that provides the cashier service in any Delegation or Administration of the Tax Agency.

Law on court fees

Judicial proceedings such as appeals will also be affected. To be able to appeal the sentence, so that another court can evaluate the case, costs 800 euros. This excessive and disproportionate fee prevents the full use of justice, creating a justice for the rich, which we must not allow.

If you can receive free justice, you will also be exempt from paying court fees. Regarding free justice, a new law is being created to restrict it, lowering the income limit required to qualify for it, thus making it impossible for many citizens to get a lawyer, because their income is not low enough, but when will it be enough to be able to pay a lawyer out of pocket.

The Catalan fees were applicable to all citizens who litigate in Catalonia, but thanks to the firm opposition of the professional associations of the legal profession, they have finally been greatly reduced. Being applicable, as we can see, only for companies.

From when judicial interest is calculated

It is a state tax, so it must be paid throughout the national territory. In addition, if the process takes place in an Autonomous Community that in the exercise of its financial competences has approved some other autonomous community tax, this tax must also be paid.

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All natural or legal persons who wish to file a lawsuit or appeal in the civil, contentious-administrative or social order (cases provided for in art. 2 of Law 10/2012, of 20 November). These fees do not apply to the criminal or military jurisdictional order.

Payment of the fee must be made before initiating any of the procedures in which Law 10/2012 of November 20 considers payment of the tax to be mandatory (cases provided for in art. 2).

In the rest of the cases you can choose to process the forms by Internet or print them and make the management through any Collaborating Entity (Banks, Savings Banks or Credit Cooperatives) or Depository Entity that provides the cashier service in any Delegation or Administration of the Tax Agency.