Informative guide on the implementation of court fees
Although the next December it will be two years after the entry into force of the Law on Fees in our country, the daily practice of the profession in the final signature show ignorance of this controversial measure, for the moment, and despite the announcement by the newly appointed Minister of Justice, Rafael Catala, the call for a sectoral table to talk about court fees and legal aid, among other things, threatening to stay at least a season more.
So claim&loyaltySociety in an attempt to inform customers what they mean legal fees and procedures where these are fitted to the uncertainty in the population than to litigate or not rate, and in a very clear language directed at people who have no legal expertise, has developed a brochure that provides clients to dispel any doubts.
The content of the information guide is broadly the following:
1.- What are the court systems in which the filing fee to be paid?
The fee shall be payable in civil and administrative orders and require to:
- The filing of suit in civil proceedings (including claims for payment with a value exceeding 2,000 €).
- Formulating counterclaim: when in response to the demand to turn a request is made not contained in the demand
- The application for bankruptcy
- The filing of appeals and cassation proceedings before the Provincial Court and the Supreme Court respectively.
- The filing of an administrative appeal, thus beginning the ordinary administrative procedure.
- The opposition to the enforcement of judgments.
In the social order, just fee will apply on the application for appeal and supplication, ie second and third instance, not being required in proceedings before the Social Court.
Thereby in criminal proceedings, the payment of court fee will never be necessary.
2.- In the social order, does the worker is required to pay court fees?
In the case of workers, social security beneficiaries, officers, statutory staff and unions, the law for the payment of court fees is excluded, so it should not pay fees for the filing of appeals in any case, neither the High Court Justice (supplication) or the Supreme Court (cassation).
3.- In family proceedings, When payment of fees is required?
The law excludes from payment of tax on the procedures for capacity and affiliation. Similarly, with regard to divorce, not the payment of the fee will be required when measures related to children should be regulated. That is, in the procedures of separation or divorce, only the payment of fee shall be required when no children.
Where they can fee is required on liquidation procedures of the legal conjugal partnership, as well as the procedures for enforcement of judgments, which may be required at the fee who opposes to the demand for monetary execution.
4.- Who is exempt, in any case, the payment of court fees?
Shall be exempt the people has been recognized as eligible for free legal assistance.
5.- How is the fee calculated?
The filing fee is calculated based on the amount of the procedure, and has a fixed and a variable amount.
The amount fixed in civil procedure varies from 100 Euros payable on claims of less than 6,000 € and 1,200 € amount payable in the event of filing of appeal (to the Supreme Court).
- For family proceedings: divorce procedures and measures changes in young children who do not attend, the fixed fee is 150 Euros; in opposition to the execution of a final judgment of 200 Euros; and appeals of 800 Euros.
- In the contentious-administrative procedure, the fixed amount of the fee in the procedure abbreviated will be 200 Euros and 350 Euros the ordinary, amounts that are kept for appeals and cassation.
For payment of the variable component in the case of individuals the variable percentage is 0.1% of the value of the procedure.
In proceedings in which it is not possible to determine the amount (procedures undetermined amount), the amount of 18,000 Euros for the purposes of payment of the fee will be considered.
6.- When and how the fee is payable?
The fee must be paid at the time the pleading (application, action …) is presented. Payment of the fee must be made on the official form of the Ministry of Finance. Once the self-assessed fee the proof of payment to the letter that appears to be attached.
7.- What happens if the fee is not paid or not paid on time?
The lack of payment of the fee is considered a correctable defect, so that the clerk of the court will require the subject to be credited within ten days. If after this period would not have fulfilled the obligation of payment, will result in preclusion or loss of procedural act, which will involve the following (regardless of that process) or termination of the proceedings, as appropriate.
UPDATE: By Royal Decree-Law 1/2015, of February 27, it was come to review the system of court fees introduced by Law 10/2012, and required all natural and legal persons to the payment of a fee for to sue in civil, administrative and social orders, exempting from the entry into force of this (March 1, 2015) to natural persons the payment of court fees in all orders and instances.
Royal Decree stipulates that literally “From the subjective point of view, are, in any case, exempt from the tax”, among others, the natural persons.
Furthermore, claim&loyaltySociety has seen firsthand through Binding consultation conducted before the Tax Agency, this tax authority interprets the community of owners, which lack legal personality, and are represented by a board member of the Propietary, usually the President and consequently the communities of owners it applied the court fees established for individuals.
However, is appropriate not to forget that, despite the suppression for exemption, which no derogation, from court fees for individuals, there are still many unresolved restrictions to solve for the access to justice by people, in this case, legal persons (small and medium enterprises, associations and foundations, …) that require and need of legal assistance.