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That is true. The first thing to do in a lawsuit is to figure out what you're asking for. If you sue for compensation according to a traffic accident, you can calculate the compensation amount according to the corresponding proportion stipulated by the court.
This is an intake fee charged by the court. In the end, the court ruled according to the principle that whoever loses the case bears the responsibility. Lawyer's fees will be paid by the lawyer's lawyer.
The amount may vary from law firm to law firm and can be negotiated and determined. I don't understand, I'm being contacted.
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1. How much does it cost to fight a civil lawsuit.
1. The cost of a civil lawsuit is charged according to the piecework rate, and each piece is charged according to the standard of 3,000-10,000 yuan. The standard of charging according to the subject is between 10 and 10 million, and the proportion of fees is between 2% and 10%. Generally, after the court accepts and files the case, the applicant will pay in advance, and the losing party will bear the burden after the case is heard.
2. Legal basis: Article 6 of the Measures for Payment of Litigation Costs.
The litigation fees that the parties shall pay to the people's court include: (1) case acceptance fees;
b) Application fee;
3) Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court.
2. What are the conditions for initiating a civil lawsuit.
1. The plaintiff shall have civil capacity;
2. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case. The consumer who files the lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed in the purchase or use of goods or services;
3. There is a clear defendant;
4. There are clear claims and factual reasons. That is, to specifically put forward the facts of the operator's breach of contract and tort, the damage caused to itself, as well as the civil liability that the operator should bear, etc.;
5. Filing a lawsuit with a people's court with jurisdiction.
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[Legal Analysis].
The general civil litigation fee is divided into three parts, mainly including the case acceptance fee, application fee and other litigation fees, and the specific fee also needs to be confirmed according to the specific case.
1. How much is the general civil litigation fee?
Litigation costs mainly include case acceptance fees, application fees, and other litigation fees.
When the court decides to accept a civil case, the prosecuting party shall pay a certain fee to the court in accordance with the law, which is the case acceptance fee.
1. The so-called property case refers to the lawsuit caused by property disputes, such as contract and loan disputes. In property cases, litigation costs are paid in proportion to the amount of property in dispute.
2. The larger the amount of property requested, the higher the litigation costs you need to pay, so it is also a contract dispute, but due to the different amounts of property in dispute, the litigation fees payable are also different.
3. In addition to property cases, there are many cases that do not involve property disputes, such as adoption, infringement of reputation rights, name rights, etc., and the acceptance fees for such cases are paid on a case-by-case basis according to a certain range.
4. The application fee refers to the fee that the parties shall pay in accordance with the provisions when applying to the people's court for enforcement, taking property preservation measures, etc.
5. There are some other litigation costs, which refer to the expenses actually incurred in the course of litigation that should be borne by the parties.
6. The acceptance fee for the appeal case shall be paid in advance by the appellant; If both parties appeal, the two parties shall pay the application fee in advance separately, and the application fee shall be paid in advance by the applicant at the time of application. For other litigation costs, the people's court shall decide on the amount and method of advance payment based on the specific circumstances of the case.
2. Whether the civil litigation costs include attorney's fees
1. Litigation fees do not include attorney's fees.
2. According to Article 6 of the Measures for Payment of Litigation Fees, litigation expenses include case acceptance fees, application fees, transportation expenses, accommodation expenses, living expenses and compensation for lost work incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date designated by the court. Obviously, the costs of the proceedings do not include attorneys' fees.
3. At the same time, the litigation fee is collected by the court, and the lawyer's fee is collected by the lawyer (firm), so the litigation fee cannot include the lawyer's fee.
4. The litigation fee shall be borne by the losing party, but the attorney's fee shall generally be borne by the entrusting party, unless there is a legal provision or contract agreement. For example, Article 26 of the Supreme People's Court's Interpretation I on Several Issues Concerning the Application of the Contract Law of the People's Republic of China stipulates that the necessary expenses such as lawyer's fees and travel expenses paid by the creditor for exercising the right of revocation shall be borne by the debtor; Where the third party is at fault, it shall be appropriately shared.
The above is the relevant answer to the general civil litigation costs.
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Legal Analysis: The following legal basis includes a variety of civil litigation costs, which you can calculate according to your own situation.
Legal basis: Article 13 of the Measures for Payment of Litigation Fees Case acceptance fees shall be paid in accordance with the following standards:
1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:
1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;
2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;
3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;
4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;
5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;
6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;
7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;
8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;
9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;
10.The part exceeding 20 million yuan shall be paid according to the payment.
2) Non-property cases shall be paid in accordance with the following standards:
1.Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.
2.In cases of infringement of the right to name, title, portrait, reputation, honor, and other people's rights, 100 yuan to 500 yuan shall be paid for each case. If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment.
3.For other non-property cases, 50 to 100 yuan per case shall be paid.
3) In civil cases of intellectual property rights, if there is no disputed amount or price, 500 yuan to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases.
4) 10 yuan for each labor dispute case.
5) Administrative cases are to be paid in accordance with the following standards:
1.100 yuan for each trademark, patent, and maritime administrative case;
2.For other administrative cases, 50 yuan shall be paid for each case.
6) Where a party raises an objection to the jurisdiction of the case, and the objection is not sustained, 50 to 100 yuan shall be paid for each case.
The people of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, formulate specific payment standards within the range provided for in items (2), (3), and (6) of this article.
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The exact cost of a civil lawsuit is not fixed. There are different fees for different types of litigation costs. There are two main factors to consider in determining the charging standard:
The first is the nature of litigation costs, and the determination of adjudication fees should be determined according to the financial level of the state and the general ability of the parties to pay, otherwise it may be divorced from the actual situation of the country and the fee standard will be unreasonable; The costs of the parties are generally determined based on the actual expenses. Second, the nature of the case should be considered, and the case for which litigation fees are charged is a litigation or non-litigation case, a property case or a non-property case, and the nature of the case is different, and the standard of fees is also different.
Legal basis: Article 13 of the Measures for Payment of Litigation Fees stipulates that case acceptance fees shall be paid in accordance with the following standards:
1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;
2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the %;
3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2%;
4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the %;
5. The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1%;
6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the %;
7. The part exceeding 2 million yuan to 5 million yuan shall be paid according to the %;
8. The part exceeding 5 million yuan to 10 million yuan shall be paid according to the %;
9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the %;
10. The part exceeding 20 million yuan shall be paid according to the %.
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Legal Analysis The costs involved in litigation are: 1. Case acceptance fees (including first instance, counterclaim, and second instance); 2. If you want to entrust a lawyer, you need to pay the lawyer's lawyer's fees; 3. If it is necessary to apply for property preservation, the corresponding deposit shall be paid; 4. If certain evidence is to be evaluated, an appraisal fee needs to be paid; 5. If the obligor fails to perform and needs to apply for compulsory enforcement after the court judgment, it is also necessary to pay the enforcement application fee. Legal basis:
Article 118 of the Civil Procedure Law of the People's Republic of China: Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations. Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.
The measures for collecting litigation costs shall be formulated separately. Article 74: Necessary expenses such as transportation, lodging, and meals, as well as losses from lost work, incurred by witnesses as a result of performing their obligation to appear in court to testify, are to be borne by the losing party. Where a party applies for a witness to testify, the party is to advance payment; Where the parties do not apply, and the people's court notifies the witness to testify, the people's court is to advance the payment.
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The litigation fee for civil disputes requires about several thousand yuan, and the total amount of different litigation corresponds to different litigation costs, and the specific fee standards are as follows: 1. The minimum starting point of the entire litigation fee is 10,000 yuan, which is the dividing line, and the part that does not exceed 10,000 yuan only needs to pay 50 yuan to the court, whether it is 1,000 yuan or 9,000 yuan, you need to pay a fee of 50 yuan. 2. The amount below 10,000 yuan is determined, and the part above 10,000 yuan is paid according to the percentage.
For example, if the amount of the entire claim is between 10,000 yuan and 100,000 yuan, it needs to be paid accordingly. For example, if the amount of the entire lawsuit is 20,000 yuan, then 20,000 yuan is 500 yuan, and 500 yuan of litigation costs need to be paid to the court. 3. It should be noted that the entire litigation fee is calculated in stages, and a total amount is finally obtained.
That is to say, 10,000 to 100,000 yuan, the part only needs to be calculated for the part that exceeds 10,000 yuan, and the part less than 10,000 yuan is still paid according to 50 yuan. 4. If the part exceeding 100,000 yuan and less than 200,000 yuan is paid, the part of the litigation fee paid at 2% is paid according to the proportion of the part of more than 200,000 yuan but less than 500,000 yuan, and the part above 500,000 yuan but less than 1 million yuan is paid according to the amount of 1%. We can find that the larger the excess, the smaller the proportion of the payment, and since it is cumulative, it is in the interests of the parties.
5. If the part is more than 1 million yuan but less than 2 million yuan, it is paid according to the proportion; the part of more than 2 million yuan but less than 5 million yuan is paid according to the payment; The part of more than 5 million yuan but less than 10 million yuan shall be paid in accordance with the law; In the part of more than 10 million yuan but less than 20 million yuan, it is paid in accordance with it; In the part of more than 20 million yuan, no matter how much, it will be paid according to the proportion. There is no further scale range.
Paragraph 1 of Article 13 of the Measures for the Payment of Litigation Fees Case acceptance fees shall be paid in accordance with the following standards: (1) In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively: 1
if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan with tease yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.
The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.
The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.
The part exceeding 20 million yuan shall be paid according to the payment.
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