Does it cost money to file a lawsuit in court?
To file a lawsuit, you need to submit an indictment to the court, and you also need to pay court fees.
Materials that need to be submitted to the court
First of all, you must write a qualified complaint. The content of the complaint includes the basic information of the plaintiff and defendant (clear name, address, occupation, age , work unit, etc.), litigation claims, facts and reasons.
Secondly, a copy of the main evidence and a copy of the plaintiff’s ID card must be provided. As far as the Tong Guoquan case is concerned, the materials that should be provided include: 2 copies of the complaint, two written testimonies of witnesses who knew that Zhang borrowed money from him, and a copy of Tong Guoquan’s ID card. For all materials, A4 (210×297mm) size paper should be used uniformly.
1. Litigation fees refer to the fees that parties should pay to initiate litigation procedures in the People's Court, including case acceptance fees and other litigation fees.
2. The litigation fees that the parties shall pay to the People’s Court include:
(1) Case acceptance fee;
(2) Application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost work allowance incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date designated by the People's Court.
3. Case acceptance fees include:
(1) First-instance case acceptance fee;
(2) Second-instance case acceptance fee;
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(3) In retrial cases, the case acceptance fee that needs to be paid in accordance with the provisions of these Measures.
4. No case acceptance fee will be paid for the following cases:
(1) Cases heard in accordance with the special procedures stipulated in the Civil Procedure Law;
(2) Rulings Cases in which the case is not accepted, the prosecution is dismissed, or the appeal is dismissed;
(3) Cases in which the case is dissatisfied with the ruling of non-acceptance, dismissal of the prosecution, or objection to jurisdiction and an appeal is filed;
(4) ) Administrative compensation cases. For cases heard in accordance with the trial supervision procedures stipulated in the Civil Procedure Law and Administrative Procedure Law, the parties concerned do not pay case acceptance fees. However, the following circumstances are excepted:
(1) The parties have new evidence that is sufficient to overturn the original judgment or ruling, and apply to the People's Court for retrial, and the People's Court decides to retry the case after review;
(2) A case in which the parties did not appeal against the first-instance judgment or ruling of the People's Court, but applied for retrial after the first-instance judgment, ruling or mediation document became legally effective, and the People's Court decided to retry the case after review.
5. The parties shall pay application fees when applying to the People’s Court for the following matters in accordance with the law:
(1) Application for execution of legally effective judgments, rulings, mediation documents, arbitration institutions Rulings and mediation documents made in accordance with the law, and debt instruments legally enforceable by notary institutions;
(2) Application for preservation measures;
(3) Application for payment order;
(4) Apply for public notice;
(5) Apply to revoke the arbitration award or confirm the validity of the arbitration agreement;
(6) Apply for bankruptcy;
(7) Application for maritime injunction, general average adjustment, establishment of maritime liability limitation fund, maritime claims registration, maritime lien reminder;
(8) Application for recognition and enforcement of foreign court judgments , rulings and awards from foreign arbitration institutions. The transportation expenses, accommodation expenses, living expenses and work loss allowance incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date designated by the People's Court shall be collected by the People's Court in accordance with the standards stipulated by the state. Parties who copy case file materials and legal documents must pay a production fee to the people's court based on the actual cost. The expenses incurred during the course of litigation due to identification, announcement, inspection, translation, evaluation, auction, sale, warehousing, safekeeping, transportation, ship supervision, etc. that should be borne by the parties according to law shall be decided by the people's court based on the principle of whoever makes the claim shall bear it. The parties concerned shall pay directly to the relevant institutions or units, and the people's courts shall not collect or pay on their behalf. If the People's Court provides translation in the common language and script of the local ethnic group in accordance with Paragraph 3 of Article 11 of the Civil Procedure Law, no fee will be charged.
Six payment standards
1. Acceptance fee standards (1) Property cases shall be paid cumulatively in segments according to the following proportions according to the amount or value of the litigation claim ("Measures for the Payment of Litigation Fees" Article 13):
1. For items not exceeding 10,000 yuan, 50 yuan shall be paid for each item;
2. For items exceeding 10,000 yuan to 100,000 yuan, the fee shall be as per 2 , 5% is paid;
3. The portion exceeding 100,000 yuan to 200,000 yuan is paid at 2%;
4. The portion exceeding 200,000 yuan to 500,000 yuan is paid at 2%. Pay at the rate of 1.5%;
5. For the amount exceeding 500,000 yuan to 1 million yuan, pay at the rate of 1%;
6. For the amount exceeding 1 million yuan to 2 million yuan, The portion exceeding 2 million yuan to 5 million yuan shall be paid at 0.8%;
8. The portion exceeding 5 million yuan to 5 million yuan shall be paid at 0.8%. The portion exceeding 10 million yuan shall be paid at 0.7%;
9. The portion exceeding 10 million yuan to 20 million yuan shall be paid at 0.6%;
10. The portion exceeding 10 million yuan to 20 million yuan shall be paid at 0.6%; The portion of 20 million yuan is paid at 0 or 5%.
2. Standards for non-property cases
(1). The fee for each divorce case is 50 yuan to 300 yuan. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0 or 5% will be paid.
(2) For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; the part exceeding 50,000 yuan to 100,000 yuan shall be paid at the rate of 1%; the part exceeding 100,000 yuan shall be paid at the rate of 0 or 5%.
(3). For other non-property cases, the fee is 50 yuan to 100 yuan per case.
3. In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.
4. Each labor dispute case requires 10 yuan.
5. Administrative cases shall be paid according to the following standards:
(1) 100 yuan for each trademark, patent, and maritime administrative case;
(2) , 50 yuan for each other administrative case.
6. If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the scope specified in Items (2), (3), and Item (1) of this Article based on local actual conditions.
7. The case acceptance fee for cases subject to simplified procedures will be reduced by half. If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the first-instance judgment. If the defendant files a counterclaim and a third party with independent claim rights files a claim related to the case, and the People's Court decides to merge the cases, the case acceptance fee shall be halved. For retrial cases that require payment of case acceptance fees in accordance with Article 9 of these Measures, the case acceptance fees shall be paid according to the amount of the retrial request for the part of the case that is not satisfied with the original judgment.