The cost of a lawsuit for noise nuisance, and how much it costs to sue for noise nuisance

In your case, you are in a noise infringement dispute.

According to the Property Law, neighboring parties are not allowed to make noise that interferes with the lives of neighbors. In the event of a dispute arising from noise made by an adjacent party affecting the life of the other party, the aggrieved party has the right to demand that the infringement be stopped. The infringing party shall promptly deal with and eliminate the obstruction.

In daily life, the other party should understand that the adjacent party has to make a certain amount of noise due to the need. However, the perpetrator should take active measures to avoid excessive noise.

When encountering the infringement of adjacent rights, you should first report to the property management company or the owners' committee and request mediation, and if mediation is not possible, you can file a lawsuit with the court to remove the obstruction and compensate for losses. To file a lawsuit with the court, it is necessary to provide evidence, and the relevant departments will make an appraisal of the noise coming from downstairs to confirm that the noise has indeed affected the lives of others. You can do the above to solve the problem.

If there is no compensation involved, the litigation fee is generally 50 yuan to 100 yuan according to the current relevant legal provisions.

I didn't give a reply before.,Maybe the boss has something to do with it.。。 If the landlord wins the lawsuit, the final legal fee will be paid by the losing party to the lawsuit. In this case, you can sue him.

Hello, this is within the scope of the law of civil procedure, you can consult with a law firm in your area. The associated fees should be low. It's as cheap as going to the hospital to pay **.

They will only get a commission after you win the lawsuit, and the commission is generally 5%-10%.

Legal Analysis: How much does it cost to sue for noise nuisance, the charges are different depending on the region. Between 10 p.m. and 6 a.m., you can call the police, and then the police will detect if there is really a nuisance, and if so, they will correct it.

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 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;

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 personality rights, a fee of 10 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 according to 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.

Legal analysis: The general prosecution fee is 80 yuan. Between 10 p.m. and 6 a.m., it can be considered a nuisance, and it can be dealt with by the police, and then the police will detect whether there is really a nuisance, and if so, they will ask the nuisance to correct it.

Legal basis: Article 60 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution: Anyone who violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently.

Where the people's departments at or above the provincial level decide in accordance with law that the competent departments for ecology and the environment of local people's governments at or above the county level shall exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions.

Legal analysis: The general prosecution fee is 80 yuan. Between 10 p.m. and 6 a.m., it can be considered a nuisance, and it can be dealt with by the police, and then the police will detect whether there is really a nuisance situation, and if so, it will make the nuisance correct.

Legal basis: Article 60 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution: Anyone who violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently.

Where the people's ** at or above the provincial level decide in accordance with law that the local people's ** department for the management of the main ecological environment at or above the county level shall exercise the administrative punishment power provided for in the preceding paragraph, follow its decision.

The problem of disturbance is a civil dispute case, and 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 charging 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 accordance with the method of segmentation, and finally a total amount is 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; The part of more than 10 million yuan but less than 20 million yuan is paid in accordance with the law; In the part exceeding 20 million yuan, whether it is more or less, it will be paid according to the proportion. There is no further scale range.

Legal analysis: Noise nuisance can go to the court to file a civil lawsuit. However, the owner may also be coordinated by the competent department of ecology and environment or other supervision and management departments or institutions for the prevention and control of environmental noise pollution before filing a lawsuit.

If the coordination fails, then file a lawsuit with the court.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 61 Units and individuals who are harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; If mediation fails, the parties may file a lawsuit in the people's court.

The parties may also file a lawsuit directly with the people's court.

Summary. There are two main factors to be considered in determining the fee standard for civil cases: one is the nature of the litigation costs.

Second, the nature of the case should be considered. (1) In property cases, according to the amount or value of the litigation claim, it shall 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.For the part exceeding 10,000 yuan to 100,000 yuan, the litigation fee that meets the standards for filing a case shall not exceed 50 yuan if the noise caused by the upstairs seriously disturbs the people. The losing party bears the final costs.

There are two main factors to be considered in determining the fee standard for civil cases: one is the nature of the litigation costs. Second, the nature of the case should be considered.

1) In property cases, according to the amount or value of the litigation claim, the amount shall be paid in accordance with the proportion of the following towns: 1if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.

For the part exceeding 10,000 yuan to 100,000 yuan, according to the payment If the noise caused upstairs seriously disturbs the people, the cost of cracking and eliminating rough litigation bridges that meet the standards for filing a case shall not exceed 50 yuan. The losing party bears the final costs.

Okay, forget it, put up with it for a few days.

If you can't solve the problem, you can file a complaint with the local environmental protection department. Units and individuals who are harmed by environmental noise pollution have the right to disturb and require the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may, at the request of the parties, be mediated by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may file a lawsuit in the people's court.

The parties may also file a lawsuit directly with the People's Court of Fileqiaodan.

Legal analysis: 1. First of all, it is necessary to confirm who the defendant is. 2. Secondly, you need to write a civil lawsuit, explain the facts and reasons, and the basis for you to ask the other party to compensate for losses.

3. After being ready, submit the complaint and evidence to the case filing division of the court. 4. When it is time, you should arrive at the court on time.

Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.

Legal analysis: 1. If the lawsuit is won, the litigation costs shall be borne by the losing party, but the litigation fees shall be paid by the plaintiff in advance when the lawsuit is filed. Attorney's feesUnless otherwise agreed, it is normal for whoever hires a lawyer to bear the lawyer's fees.

If you go to sue for legal fees, you must pay them in advance, and the lead fees of the lawyer's bureau will be borne by yourself, and the litigation fees will be given to you if the other party loses the lawsuit.

2. Legal provisions.

Measures for the Payment of Litigation Costs

Article 20: The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them.

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 the parties 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. If the lawsuit is won, the litigation costs shall be borne by the losing party, but the litigation costs shall be paid by the plaintiff in advance when the lawsuit is filed. Attorney's feesUnless otherwise agreed, it is normal for whoever hires a lawyer to bear the lawyer's fees.

If you go to sue for legal fees, you must pay them in advance, and the lawyer's fees will be borne by yourself, and the litigation fees will be given to you if the other party loses the lawsuit.

Legal Provisions. Measures for the Payment of Litigation Costs

Article 20: The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them.

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 the parties shall bear in the judgment, ruling, or mediation document.

Where it is necessary to refund the litigation fees to the parties, the people's court shall return them to the relevant parties within 15 days of the effective date of the legal documents.

Legal basis: Article 58 of the Public Security Administration Punishment Law stipulates:

Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise that interferes with the normal life of others shall be given a warning; If it is not corrected after the warning, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.