Litigation costs and attorneys fees regarding property move out proceedings

Updated on society 2024-03-19
9 answers
  1. Anonymous users2024-02-06

    1. For litigation fees, please refer to the following "Measures for Payment of Litigation Fees".

    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 according to 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 according to 1;

    6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

    2. The lawyer's fee is agreed upon by the lawyer through negotiation, and the fee standard in Beijing is as follows.

    II. Fee Standards for Civil Litigation Cases.

    1) Fee standards are to be determined in accordance with the trial stage for civil litigation cases.

    1. Piecework charging standard.

    Each piece costs 3,000-10,000 yuan.

    2. Charge according to the proportion of the subject amount.

    Less than 100,000 yuan (including 100,000 yuan), 10% (minimum charge of 3,000 yuan);

    100,000 yuan to 1 million yuan (including 1 million yuan), 6%;

    1 million yuan to 10 million yuan (including 10 million yuan), 4%;

    More than 10 million yuan, 2%.

    Progressive billing is based on the difference in the amount of the subject matter disputed by the parties.

    3. There is no limit to the above charging standards.

    2) Implement risk ** charges, and the maximum amount of fees shall not be higher than 30% of the property interests agreed with the client.

    3) In retrial and appeal cases, lawyers' service fees are to be collected in accordance with the fee methods and standards determined at one trial stage.

    4) For multiple stages of a law firm's case, the fee will be reduced from the second stage.

  2. Anonymous users2024-02-05

    Hello, (personal opinion).

    1. The summary procedure is not applicable.

    2, a, I can't be sure of the lawyer's fee, after all, the barrister's fee is high, and the average urban lawyer has a minimum of 3,000 for such cases, and this money can be negotiated. There are many ways.

    b, it's useless for me to calculate the legal fees for you, this court says how much it is. Let me say a big head, the target amount is 16w, calculated by 2 percent, about 4000. There may be other expenses in the lawsuit.

    3. It can be preserved, but the preservation must be guaranteed. You don't have to pay the preservation fee, you can take other things for preservation. If calculated according to the subject 160,000, the preservation fee should be 1300.

    But to preserve this house, you should pay according to the actual price of the house, I think so.

    It is recommended that you find a lawyer of this kind and ask carefully, mine can only make a rough reference.

    I'm aware of the id legal blind stream. We'll be happy to answer for you.

    If you have any questions, please feel free to ask.

  3. Anonymous users2024-02-04

    1. Whether the summary procedure is applicable depends on the practice of the local court. In general, summary procedures apply to cases in Beijing.

    3. The lawyer's fee also depends on the different standards in different places, such as 10% of the subject matter of the dispute in Beijing below 100,000 yuan 4. The plaintiff has the right to apply for property preservation and should provide corresponding guarantees.

  4. Anonymous users2024-02-03

    1.Well, the implementation of the summary procedure depends on the local court where you are located;

    2. If you only ask for 120,000 yuan, the litigation fee is 2,700 yuan, of course, the brother court is slightly different, and the lawyer's fee may be about 10,000 yuan.

    3. Cry for preservation, but there is no great need, the developer has money for you to execute.

  5. Anonymous users2024-02-02

    It is recommended that you go directly to your local lawyer for an interview.

  6. Anonymous users2024-02-01

    Legal analysis: According to the amount or value of the litigation claim, property cases shall be paid cumulatively according to the following proportions: 1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case; 2. The part of the large file 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 according to 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 according to 1; 6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment.

    Legal basis: "Measures for the Payment of Litigation Costs" Article 13: Case acceptance fees are to 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 are to 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 shall be paid according to the payment; 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 payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1% according to the ruler; 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 involves imitation of the elderly, 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 personality rights, 100 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, where there is no amount or value in dispute, 500 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 shall 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, a fee of 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.

  7. Anonymous users2024-01-31

    Legal analysis: According to the provisions of the Measures for Payment of Litigation Fees, the standard fees for property cases shall be calculated according to the amount or value of the litigation claim, and the litigation fees shall be calculated in proportion to the amount or value. For example, 50 yuan will be charged within 10,000 yuan, between 10,000 yuan and 100,000 yuan, and between 100,000 yuan and 200,000 yuan, 2 of the subject amount.

    For the determination of the value of the property, if the heirs can reach an agreement, the litigation fee will be charged according to the value unanimously agreed by the heirs as the subject amount; If an agreement cannot be reached, you need to apply for a professional third-party appraisal agency to conduct an appraisal and collect legal fees based on the value of the property determined by the appraisal.

    Legal basis: Measures for Payment of Litigation Costs

    Article 6: The litigation fees that the parties shall pay to the people's courts 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.

    Article 7: Case acceptance fees include:

    1) First-instance case acceptance fees;

    2) Second-instance case acceptance fees;

    3) In retrial cases, the case roll that needs to be paid in accordance with the provisions of these Measures is a fee for accepting the collapse of the case book.

    Article 8: Case acceptance fees are not paid for the following cases:

    1) Cases tried in accordance with the special procedures provided for in the Civil Procedure Law;

    2) Cases in which a ruling is made not to accept, a lawsuit is dismissed, or an appeal is dismissed;

    3) Cases in which an appeal is raised against a decision not to accept or reject a lawsuit or an objection to jurisdiction;

    4) Administrative compensation cases.

  8. Anonymous users2024-01-30

    Summary. 1. In accordance with Article 366 of the Contract Law of the People's Republic of China, the standard fee charged by the check-out lawyer is 200 yuan per hour, and the minimum fee is 1,000 yuan. 2. If the case is complex and requires more time and effort, the lawyer can charge a higher fee.

    3. If the case is relatively simple, the lawyer can charge a lower fee according to the actual situation. 4. If the case requires the participation of multiple parties, the lawyer can charge a higher fee according to the actual situation. 5. If the case requires multiple court appearances, the lawyer can charge a higher fee according to the actual situation.

    1. In accordance with Article 366 of the Contract Law of the People's Republic of China, the standard fee charged by the check-out lawyer is 200 yuan per hour, and the minimum fee is 1,000 yuan. 2. If the case is complex and requires more time and energy, the lawyer can charge a higher fee. 3. If the case is relatively simple, the lawyer can charge a lower fee according to the actual situation.

    4. If the case requires the participation of multiple parties, the lawyer can charge a higher fee according to the actual situation. 5. If the case requires multiple court appearances, the lawyer can charge a higher fee according to the actual situation.

    Fellow, I really didn't understand, I can be more specific.

    The check-out lawyer fee is generally charged according to the hourly charging standard, and the general hourly charging standard ranges from 200-500 yuan. Problems can occur because of an improper agreement between the landlord and the guest, or the tenant did not check out at the agreed time, or the tenant did not pay the rent in the agreed way. The solution is that the tenant and the host should be clear about the check-out time and payment method when signing the contract, and both parties should strictly abide by the agreement to avoid disputes.

  9. Anonymous users2024-01-29

    In the case of property cases, according to the amount or value of the litigation claim, the payment shall be made in stages according to the following proportions:

    1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

    Split filial piety 2The part exceeding 10,000 yuan to 100,000 yuan will be paid according to the bill;

    3.If it exceeds 100,000 yuan to 200,000 yuan, it will be paid at 2%;

    4.The part exceeding 200,000 yuan to 500,000 yuan will be paid according to the bill;

    5.If it exceeds 500,000 yuan to 1 million yuan, it will be paid at 1%;

    6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

    There is no limit to the above fees.

    If the risk ** fee is implemented, the high fee amount shall not be higher than 30% of the property interest agreed with the client. In cases of retrial and appeal, lawyers' service fees are to be charged in accordance with the method of fees and the standard of fees determined at the stage of a trial. For a law firm to reduce fees at multiple stages of a case, starting from the first and second stages.

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