The appellant mailed the appeal brief, but did not pay the appeal fee! Is it still valid to pay afte

Where the appellant fails to pay the appeal fee within the time specified by the court, it shall be handled as a withdrawal of the appeal, and the original judgment shall take effect. It cannot be paid again, and it is invalid if it is paid again.

Interpretation of the Supreme Court on the Civil Procedure Law

Article 320:Where parties orally express an appeal when the first-instance judgment is announced or when the judgment or ruling is served, the people's court shall inform them that they must submit an appeal petition within the legally-prescribed appeal period. If the appeal petition is not submitted within the statutory appeal period, it shall be deemed that no appeal has been filed. If the appeal petition is submitted but the appeal fee is not paid within the specified time limit, the appeal shall be automatically withdrawn.

The appeal brief by post is also a way to file the appeal brief, and the court should send you a notice of acceptance and a notice of payment in accordance with the prescribed procedure after receiving the appeal brief. If the payment deadline has passed, you can explain to the court that you have not received the notice of payment, ask the court to issue it for you, and then pay the fee, so that you are not responsible for your evidence.

Under normal circumstances, when you receive the first-instance judgment, there is a notice of appeal payment, and you should fill in this item on the receipt of service, you can find out if it is put together with the judgment, if you really don't have it, you can use this as a reason to make up for it; If there is, and there is no application for deferred payment or exemption, if it is overdue, it will be deemed to have given up.

There should be a notice of payment of the appeal fee.

Legal analysis: Generally, the appeal petition shall be paid within seven days of submission, and the certificate of defeat shall prevail according to the law. According to the relevant laws and regulations, the case acceptance fee for an appeal case shall be paid in advance by the appellant when he submits the appeal petition to the people's court.

If both parties file an appeal, they shall be submitted separately. Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days.

Legal basis: Measures for Payment of Litigation Fees Article 22: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of payment of litigation fees from the people's court; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed. The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court.

If both parties file an appeal, they shall be submitted separately. Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days. The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.

Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial aid is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

Legal Analysis: After Filing an Appeal, First of all, the litigation fee is generally paid in advance by the prosecution within one week of filing the case, regardless of the first instance, second instance or retrial, the litigation fee is paid in advance by the prosecution. If the appellant fails to make the advance payment within 7 days after receiving the notice of the people's court to pay the litigation fees in advance and does not submit an application for deferred payment, the appeal shall be automatically withdrawn.

Legal basis: "Measures for Payment of Litigation Fees" Article 18: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice from the people's court to pay the litigation fees; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed.

Legal analysis: The litigation costs of an appeal case shall be paid in advance by the appellant when submitting the appeal petition to the people's court, and if both parties file an appeal, the two parties to the appeal shall pay in advance. If the appellant does not pay the litigation fees in advance within the appeal period, the people's court shall notify the appellant to make the advance payment.

If the appellant fails to make the advance payment within 7 days after receiving the notice from the people's court to pay the litigation fees in advance and does not submit an application for deferment of payment, the appeal shall be handled as an automatic withdrawal.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date on which the ruling is sold.

Article 165: An appeal shall be submitted with an appeal brief. The content of the appeal petition shall include the names of the parties, the name of the legal person and their legally-designated representative, the name of other organizations and their principal responsible persons, the name of the trial court, the case number, and the cause of action, the request and reasons for the action.

Legal analysis: how long to pay the fee after filing an appeal First of all, the litigation fee is generally paid in advance by the prosecution bureau bank within one week of filing the case when the lawsuit is filed, regardless of the first instance, second instance or retrial, the litigation fee is paid in advance by the prosecution. If the appellant fails to make the advance payment within 7 days after receiving the notice from the people's court to pay the litigation fees in advance and does not submit an application for deferment of payment, the appeal shall be withdrawn according to the Tongcha Banquet.

Legal basis: "Measures for Payment of Litigation Fees" Article 18: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice from the people's court to pay the litigation fees; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed.