Court costs in civil cases

Court proceedings in civil cases are connected with the obligation to incur a number of court costs. We start the case with filing a lawsuit, which is subject to a mandatory fee. This is one of the most obvious types of costs that we can claim back in court. However, there is an extensive catalog of other fees that a winning party may request reimbursement. So what are the other court costs in civil matters?

Who bears the court costs in civil matters?

The loser bears the costs in civil proceedings. However, not all expenses incurred in pursuing the case will be reimbursed to the person who won the case. The issue of the obligation of the unsuccessful party, i.e. reimbursement of costs to the opponent at his request, is governed by Art. 98 of the Code of Civil Procedure. This includes the costs of the process conducted by the party in person or through an attorney, representation of an attorney and his remuneration (but not higher than the fee rates specified in separate regulations), the amount of the party's appearance costs, lost earnings and other expenses incurred in the course of the case (expert's costs), including the costs of mediation conducted as a result of a court referral.

The amount of court fees in individual cases varies. Depending on the value of the dispute and the type of the case, the very commencement of the trial is associated with a claim fee, which may range from PLN 30 to even PLN 100,000. The method of calculating the fee was designed to discourage citizens from conducting fictitious trials.

Types of court costs

Court fees in civil cases are a type of procedural costs that we can claim reimbursement. Act on court costs in civil cases of 28 July 2005. defines the rules and procedure for collecting court fees in civil cases. The act also defines the rules of their return, the amount and the cases in which the court costs may be exempted in civil cases and the manner of their cancellation. It is also possible to pay in installments and defer the payment deadline.

The reimbursement of court fees covers the fees and expenses incurred in connection with the initiation and conduct of the case. This means that you should first bear the expenses personally and demand their return when the case is resolved.

Court fees are subject, in particular, to lawsuits, appeals and complaints, cassation complaints, objections against the application, allegations against the order, applications for the initiation of non-contentious proceedings, application for entry and deletion in the land register, complaint to reopen the proceedings, complaint against the bailiff's actions, applications for issuance : an excerpt, extract, certificate, extract, copy.

There are 3 types of court fees:

1. constant

2. relative

3. primary

1) a fixed fee is collected in cases concerning non-property rights and in certain cases on property rights specified in the Act. The amount of the fee, depending on the case, ranges from PLN 30 to PLN 5,000.

2) the proportional fee is collected in property matters, it is 5% of the value of the subject of dispute (WPS) or the value of the appeal. The amount of the fee, depending on the case, ranges from PLN 30 to PLN 100,000

The type of the ratio fee also includes the interim fee. This type of fee is payable in property rights cases where the WPS cannot be established at the time they were initiated. The amount of the provisional fee is from PLN 30 to PLN 1000, and in group proceedings from PLN 100 to PLN 10,000.

3) the basic fee is collected in cases where the regulations do not provide for a fixed, relative or temporary fee. The amount of the fee, depending on the case, is determined by the court, it cannot be lower than PLN 30.

The amount of the court fee also varies depending on the type of case, which is related to the amount of reimbursable costs.

In case of:

1. 100% of the court fee must be paid for claims and counterclaims as well as requests for non-contentious proceedings.

2. against an order for payment issued in an order for payment order, 75% of the court fee must be paid.

3. of objections against the default judgment and against the application for the annulment of the European order for payment, 50% of the court fee must be paid.

4. of a claim in a writ of payment proceedings and an electronic claim in a writ of payment proceedings must be paid 25% of the court fee.

5. for collateral and for complaints, you must pay 20% of the court fee.

If the amount of the fee, after calculating the proportions, is lower than the minimum rate, the lowest rate stipulated must be paid.

For example, if 5% of WPS is PLN 25 in a lawsuit brought in a property case, court costs of PLN 30 must be paid as stipulated in the minimum court fee.

Important!
The amount of the fee incurred in connection with the filing of the claim depends on the type of case and the value of the subject matter of the dispute.

How are court costs paid in civil cases?

Regardless of how we paid the case in court, we can demand its return. There are several ways to pay the court fee, this can be done by:

1. court marks - or "stamps" of appropriate value stuck to the letter, which is later submitted to the court, purchased at the cash desk of the court or some banks

2. making a payment at the court cash desk - in this case, it is necessary to have a ready-made statement of claim, which will be used to fill in the receipt of payment by the court cash desk employees

3. transfer to the court's bank account - account numbers are available on the websites of all courts. When entering the title of the fee, remember about: the number of the department to which the letter is addressed, the type of case, eg a lawsuit, and the name of the participant, ie the person who pays the case, eg Anna Nowak or the name of the company. In such a case, a confirmation of payment of the fee should be attached to the statement of claim.

Cost of a professional attorney

Another category of court costs in civil cases that can be claimed are costs related to the act of an attorney.

If the winning party was represented by a professional attorney, it should be reimbursed for the costs of legal representation. The amount of fees incurred in the case for hiring an attorney or legal advisor may not, however, exceed the amount specified in the ordinance of the Minister of Justice.

These costs depend on the type of case, in most cases it also depends on the amount in dispute (WPS).

WPS	Professional attorney's remuneration
up to PLN 500	PLN 90
PLN 500 - PLN 1500	270 PLN
PLN 1,500 - PLN 5,000	PLN 900
PLN 5,000 - PLN 10,000	1800 PLN
PLN 10,000 - PLN 50,000	PLN 3600
PLN 50,000 - PLN 200,000	5400 PLN
over PLN 200,000	PLN 10,800

Cost of the page appearance

The costs of the trial also include the expenses that the party has raised in connection with the obligation to appear at the hearing, i.e. the cost of traveling to the court. According to the territorial jurisdiction of the court, cases are heard in the court of the defendant's domicile. In some cases, however, exclusive territorial jurisdiction is used - these are real estate cases where the only court having jurisdiction is the court having jurisdiction over the location of the real estate. In such cases, it happens that the court in which you must appear is several hundred kilometers away from our place of residence. In connection with this state of affairs, it must be shown that the justified expense is the cost of travel to the court session. The reimbursement may be requested if the court is obligated to appear in person. This amount is calculated on the basis of twice the product of the kilometers traveled and the rate per kilometer in the amount of:

- PLN 0.30 per 1 km for cars with an engine capacity of up to 900 cm3

- PLN 0.50 per 1 km for cars with an engine capacity above 900 cm3

- PLN 0.20 per 1 km for a motorcycle

- PLN 0.10 per 1 km for a moped

However, these rates are not fixed and the court can calculate the amount of the refund on its own. It is worth noting that the court rates differ from the basic rates, e.g. for the use of a private car for business purposes.

Example 2.

The defendant, who was obliged to appear in person in a court in Warsaw, comes from Wrocław. He was brought to court by a passenger car with an engine capacity of 1050 cm3. The travel allowance is calculated as follows:

The route: Wrocław - Warsaw is 362 km long

Rate: PLN 0.50 per 1 km

2 x 362 x 0.50 PLN = 362 PLN

The court may award the winning party PLN 362 reimbursement.

The amount of lost earnings

On demand, the winning party may also be awarded compensation for earnings lost due to appearing at the court's summons. Such remuneration is awarded in the amount of the proven average daily rate, but not more than 4.6% of the base amount for persons holding state managerial positions, the amount of which is specified in the Budget Act. In 2019, the limit is 82.31.

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Other expenses in court cases

Court costs also include the cost of an expert. Therefore, if an expert is appointed in the case - that is, a person with specialist knowledge, extensive professional experience and recognition as an expert in the field of his activity - during the trial, his remuneration is also included in the court costs, which means that you can claim reimbursement of costs incurred. in connection with his work.

In addition to the expert's remuneration for the performance of an expert opinion in connection with a case that is assessed individually, the cost of lost earnings should also be added, if his appearance in court becomes necessary, as well as reimbursement of travel costs to court. The amount of the reimbursement is calculated in the same way as the reimbursement of website travel expenses. In the course of the case, the advance for the expert's remuneration is paid by the party that requests the expert opinion, its return may also be demanded.

The reimbursement policy applies to both the defendant and the claimant. If the case is lost, the plaintiff will be obliged to reimburse the defendant's costs.

The reimbursement of costs is a rule, the court decides about them in a decision concluding the proceedings. This is the case if the case is brought without a professional attorney. In the case of conducting the case with the help of an advocate or legal adviser, he or she must submit a list of costs or an application for awarding costs according to the prescribed standards before the end of the case.

When issuing a judgment, the court may determine, inter alia, as a percentage, what is the burden of costs incurred by the parties, and the exact calculations will be made by a court referendary. It may also award the claimant's or defendant's costs to be reimbursed in full, as well as partially accept the claims, in which case the costs will be appropriately allocated to the parties.

The reimbursement of court costs does not in any way compensate all costs incurred in connection with the case. In addition to actually incurred expenses, you always have to take into account that civil matters require our time, dedication and effort.