Can the filing fee be refunded? If the case is not successfully filed, will the litigation fee be re

Updated on society 2024-04-08
8 answers
  1. Anonymous users2024-02-07

    According to the provisions on the collection of litigation fees, the plaintiff will not be charged in advance for the case of paying child support, so the 500 yuan can not be paid, but if it has been handed over to the court, the court has filed the case, and you withdraw the lawsuit now, the court will also refund half of it to you. You should pay attention to asking him to show the relevant formalities for filing a case in court. As for the lawyer's fee, once you have paid it, it is generally difficult to get it back, but if you have not paid it now, you can negotiate with him to get back the IOU you wrote.

    If it doesn't work, it is recommended that you complain to the local judicial bureau, saying that you are difficult, it is possible to get a solution, and you can try.

  2. Anonymous users2024-02-06

    First of all, as you said, go to the division office to file a case, and he asks you for a fee of 500 for filing a case?? How much do you need to sue? It should be the lawyer himself who helps you collect personal fees, including going to the court to file a case and paying yourself.

    What he wants you to give (700 yuan) is the lawyer's fee, which is the fee for inviting him to **, that is, ** you go to court and so on.

    Since you are going to withdraw the lawsuit, it means that you don't need to give him **, of course, you don't need to give him **. As for the 500 yuan filing fee, it should not be refunded, the court will not refund it, and the lawyer himself has paid for his labor, so it should not be refunded. Tell him and ask him to help you withdraw the lawsuit, and you don't have to give the 700 of **.

  3. Anonymous users2024-02-05

    Hello, what does this filing fee mean? Is it to pay the legal costs on behalf of the lawyer? If the litigation fee is paid on behalf of the company, it is non-refundable. If you still have any questions, you can consult your local bar association or the judicial bureau.

  4. Anonymous users2024-02-04

    Analysis of the Law and Law: If the case is not successfully filed, the litigation fee will not be refunded. Where the plaintiff applies to withdraw the lawsuit before the judgment is pronounced in a civil case and the people's court approves it, the lawsuit may be withdrawn and the litigation fees shall be reduced by half, and where the litigation fees have already been collected in accordance with the ordinary procedures, the litigation fees shall be refunded to one and a half brothers.

    If the litigation fee is collected in accordance with the summary procedure, it will be charged at half of the charge, so the litigation fee will not be refunded after the lawsuit is withdrawn. In the course of the trial of a civil case, where the trial procedure has already begun, the court's human resources have been used, etc., and the plaintiff withdraws the lawsuit and the people's court approves it, the litigation fees paid by the plaintiff cannot be refunded in full.

    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.

  5. Anonymous users2024-02-03

    Analysis of Fasen Cong's Law: There is no case filing fee that can be refunded. If the court decides to reject the party's claim, it will return it to the party within 15 days after the ruling takes effect.

    If a party is dissatisfied with the decision to reject the lawsuit, he may file an appeal. Litigation fees refer to the fees that the parties should pay for initiating litigation procedures with the people's courts, including case acceptance fees and other litigation fees. The litigation fees that the parties shall pay to the people's court include:

    1. Case acceptance fee; 2. Application fee; 3. Transportation, lodging, 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.

    Basis of the law: Article 8 of the Civil Procedure Law of the People's Republic of China does not pay the case acceptance fee 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.

  6. Anonymous users2024-02-02

    Legal analysis: 1) Prepare the above-mentioned materials, make an appointment with the presiding judge, ask him to sign "agree to refund", and after the presiding judge signs, ask the presiding judge whether the vice president in charge is required to sign. (2) If the superintendent does not need to sign, or the superintendent has signed, ask the financial office when the refund will be processed and how much the financial office will have.

    Once the above procedures have been completed, you can receive it.

    Legal basis: Measures for Payment of Litigation Costs》 Article 53: After the case is concluded, the people's court shall notify the parties in writing of a detailed list of litigation costs and the amount that the parties shall bear, and at the same time indicate the amount that each party shall bear in the judgment, ruling, or mediation document. Where it is necessary to refund litigation fees to the parties, the people's courts shall return the relevant parties within 15 days of the legal documents taking effect.

  7. Anonymous users2024-02-01

    Where the first-instance people's court rules not to accept or reject the lawsuit, it shall refund the case acceptance fees already paid by the parties; Where a party appeals a first-instance trial court's ruling not to accept or reject a lawsuit, and the second-instance trial court upholds the ruling made by the first-instance trial court, the first-instance trial court shall refund the case acceptance fees already paid by the parties. Litigation refers to the activities of the people's courts, at the request of the parties to the dispute, to use their adjudication power to confirm the rights and obligations of the parties to the dispute and resolve economic disputes. "Sue" refers to the intention and conduct of accusation, appeal, and accusation.

    Litigation is a legal act, and litigation refers to a legal act to be adjudicated by a people's court. Such as;Civil litigation, criminal litigation, administrative litigation. It is "playing official affairs".

    1] Litigation procedure is the legal order, manner and steps that must be followed in the litigation and judicial process. The function of litigation is not only to discover historical facts that happened in the past, but also to establish the connection between fault and responsibility, crime and punishment through the process of litigation, so as to convey a message to citizens about how to behave and pursue responsibility. Citizens may initiate private criminal prosecutions in the people's courts in accordance with the provisions of law in the following three types of cases:

    1) Cases that are handled only upon complaint;(2) Minor criminal cases in which the victim has evidence to prove;(3) Cases where the victim has evidence showing that the defendant's conduct violated their own personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility. Citizens, legal persons, or other organizations filing a lawsuit in a people's court shall submit a complaint. The complaint shall indicate the following matters:

    1) The name, age, ethnicity, occupation, work unit and domicile of the parties, the name and domicile of the legal person or other organization, and the name and position of the legal representative;(2) The litigation claims and the facts and reasons on which they are based;(3) Evidence and evidence**, the names and addresses of witnesses. In addition to the above-mentioned contents, the complaint should also indicate the name of the people's court to which the complaint was submitted, the year, month, and date of the complaint, and be signed and sealed by the plaintiff. In addition, copies equal to the number of accused should be provided.

    Further information: Litigation fees refer to the fees that should be paid by the parties to initiate litigation procedures with the people's courts, including case acceptance fees and other litigation fees. The litigation costs that the parties shall pay to the people's court include:

    1. Case acceptance fee; 2. Application fee; 3. Witnesses and evaluators are aware of the transportation expenses, accommodation expenses, living expenses, and compensation for lost work incurred by renters, translators, and adjusters when they appear in court on the date designated by the people's court.

    Legal basis: Article 27 of the Measures for Payment of Litigation Fees: Where the second-instance people's court decides to remand the case for new trial, it shall refund the second-instance trial case acceptance fee already paid by the appellant.

  8. Anonymous users2024-01-31

    1. If the parties file a lawsuit, the court shall pay a certain amount of fees in advance after examination, and after the case is heard and concluded, the difference that is less than the amount in advance shall be refunded to the parties according to the amount determined in the judgment documents. 2. After the plaintiff pays the litigation fee in advance, the court hears the judgment and the judgment shall be borne by the defendant, and the people's court shall return it to the plaintiff after the defendant makes up the payment. 3. In the second instance, if both parties to the case have appealed and paid the litigation costs, the winning party may directly apply for a refund in accordance with the principle that the losing party bears the burden of the lawsuit.

    4. One party appeals to pay the litigation fee, and after the judgment or ruling is made on the other party to bear and pay, the fee paid by the appellant shall be refunded, otherwise it will be processed after entering the enforcement stage. 5. In the lawsuit, the parties voluntarily apply for withdrawal of the lawsuit and handle 50% of the refund amount. 6. If both parties appeal the prepayment, the difference between the two parties shall be refunded to the parties after the case is heard.

    7. After mediation, the two parties reach an agreement to bear the litigation costs according to the agreement, and the refund part that should be handled. 8. Refund in other cases.

    Article 3 of the Measures for the Management of Fees for Poor Model Lawyers Services: Fees for lawyers' services follow the principles of openness and fairness, voluntary compensation, and good faith. Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.

Related questions
2 answers2024-04-08

First of all, it is necessary to confirm the identity of the defendant, and if it is an individual, it should be searched through the household registration management center of the public security bureau where the defendant's household registration is located. If you are a unit, you can find it through the company registration information of the Industrial and Commercial Bureau. If you have a complaint, you can write it yourself or find a lawyer to write it on your behalf; You must bring your own ID card and household registration booklet, with at least two originals and photocopies; Bring at least two copies of the IOU. It is not difficult to file a case.

14 answers2024-04-08

First of all, do a simple legal science, they all say that it is difficult to find the police, but now there are too many police things, if it does not involve illegal crimes or obvious needs to be involved, they usually will not accept it! >>>More

3 answers2024-04-08

Legal basis: Article 30 of the Social Insurance Law of the People's Republic of China The following medical expenses are not included in the scope of basic medical insurance** payment >>>More

22 answers2024-04-08

No, the first and second batches of undergraduates are filled in at the same time, and the time has been missed. >>>More

4 answers2024-04-08

There are usually two forms of surrender channels of China Merchants Cigna Life Insurance Company: one is the bancassurance channel and the other is telemarketing. >>>More