After the plaintiff wins the lawsuit, who will bear the litigation costs, preservation fees, and enf

Updated on society 2024-03-20
2 answers
  1. Anonymous users2024-02-07

    1. In principle, the litigation costs shall be borne by the losing party, but it depends on the specific case and the division of responsibility.

    Article 29 of the Measures for Payment of Litigation Costs: Litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case.

    Article 33: The burden of litigation costs in divorce cases shall be settled by both parties through negotiation; Where negotiation fails, the people's court shall make a decision.

    Article 34: Where the plaintiff or appellant in a civil case applies to withdraw the lawsuit, and the people's court rules to allow it, the plaintiff or appellant is to bear the case acceptance fee. Where the defendant in an administrative case modifies or revokes a specific administrative act, and the plaintiff applies to withdraw the lawsuit, and the people's court rules to allow it, the defendant is to bear the case acceptance fee.

    2. The preservation fee shall be borne by the applicant. Where a party applies to the people's court for the following matters in accordance with law, it shall pay the application fee:

    1) Apply for the enforcement of legally effective judgments, rulings and mediation documents of the people's courts, rulings and mediation documents made by arbitration institutions in accordance with the law, and creditor's rights documents given compulsory enforcement effect by notary institutions in accordance with the law;

    2) Application for preservation measures;

    3) Application for payment order;

    4) Apply for publicity and reminder;

    5) Apply for revocation of the arbitral award or determination of the validity of the arbitration agreement;

    6) Apply for bankruptcy;

    7) Application for maritime injunction, general average adjustment, establishment of limitation of liability for maritime claims**, registration of maritime claims, and reminder of ship priority;

    8) Application for recognition and enforcement of foreign court judgments, rulings and awards of foreign arbitration institutions.

    3. The execution fee shall be borne by the person subject to enforcement. After the court ruled in favor of the plaintiff in a civil lawsuit, if the defendant failed to complete the amount of compensation specified in the judgment within the statutory time limit on the issue of compensation and was compensated by the court, the defendant is said to be the person subject to enforcement in this enforcement.

  2. Anonymous users2024-02-06

    The preservation fee shall be borne by the losing party.

    If the losing party is the defendant, the applicant can apply for enforcement to recover the advanced fees. If the losing party is the plaintiff, it will not be refunded.

    The preservation fee refers to the court preservation fee, which is the fee charged by the court when the property is preserved, and the money collected belongs to the ** finance department and is not refundable. Property preservation fees: Where an interested party does not immediately apply for preservation due to an urgent situation, and its lawful rights and interests will be irreparably harmed by a limb search, it may apply to the people's court with jurisdiction over the case for the place where the property to be preserved is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. Hu Xian.

    Where preservation measures are applied, the following standards shall be paid according to the actual amount of property preserved:

    1. If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece;

    2. The part exceeding 1,000 yuan to 100,000 yuan shall be paid according to 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee paid by the party applying for preservation measures shall not exceed 5,000 yuan at most.

    To apply for property preservation, it is necessary to submit a preservation guarantee, and the amount is equivalent to the amount of the litigation claim.

    Legal basis

    Measures for Payment of Litigation Costs

    Article 22: Plaintiffs are to pay case acceptance fees within 7 days of receiving the people's court's notice to pay 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.

    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.

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