Court fees in civil law cases

Service

Anyone who decides to file a case in court must take into account court costs at the outset.The rules for collecting court fees in civil cases, their amount, and the rules for their return are specified in the Act on Court Fees in Civil Cases. How to recognize the amount of court costs? When are the court fees applicable?

Court fees - what are they subject to?

The court fee applies to activities specified directly by the act:

  • a lawsuit (including a counterclaim),
  • appeal and complaint,
  • a cassation appeal and a claim for a declaration of non-compliance with the law of a final judgment,
  • objection to the default judgment,
  • charges against the payment order,
  • main and side intervention,
  • complaint:

    • to reopen the proceedings,
    • to set aside an arbitration award,
    • on the decision of the court referendary,
    • for the activities of a bailiff,
  • application:
    • for the initiation of non-contentious proceedings,
    • for bankruptcy,
    • for entry and deletion in the land register,
    • for entry in the National Court Register and in the pledge register as well as for amendment and deletion of these entries.
    • Types of court costs

There are three types of court fees:

FIXED FEE

RELATIVE FEE

BASIC CHARGE

  • cases concerning non-property rights and in certain cases concerning property rights specified in the Act

  • property rights cases

  • cases where the regulations do not provide for a fixed, relative or temporary fee

  • it does not depend on the value of the subject matter of the dispute or the value of the subject matter of the appeal

  • is 5% (and 2% in group proceedings) of the value of the subject of dispute or subject of appeal

  • the collection of the basic fee excludes the collection of another fee

  • min. PLN 30

  • min. PLN 30

  • min. PLN 30

  • max. PLN 5,000

  • max. PLN 100,000

-

There is also a sub-type of the relative fee - the temporary fee. It is brought from a letter on property rights, when the value of the subject matter of the case cannot be determined at the time of its initiation. The interim fee is set from PLN 30 to PLN 1,000, and in cases brought in class proceedings, from PLN 100 to PLN 10,000.

Court fee - the amount of the fee charged

The full fee is not always charged. The amount of the court fee charged also depends on the type of case.

The amount of the fee

Type of case

whole (100%)

  • lawsuit and counterclaim

  • an application for the initiation of non-contentious proceedings or a separate part thereof

¾ (75%)

  • lodging of objections against the order for payment issued in the writ of payment proceedings

½ (50%)

  • opposition to the default judgment and the application for revocation of the European order for payment

¼ (25%)

  • a statement of claim in the writ of payment proceedings

  • a lawsuit in electronic writ proceedings

⅕ (20%)

  • side intervention;

  • a complaint, unless a special provision provides otherwise

When calculating, it should be remembered that the value of fees is rounded up to full zloty
(e.g. if the initially calculated fee was PLN 35.40, PLN 36 is transferred to the court's account).

The amount of the court fee in simplified proceedings

In the case to be examined in the simplified procedure, a fixed fee is charged:

  • on the lawsuit, depending on the value of the subject of the dispute or the value of the subject of the contract,
  • on appeal, depending on the value of the subject matter of the appeal.

Value of the subject of the appeal from [PLN]

Value of the subject of the appeal up to [PLN]

The amount of the fee in the simplified procedure

-

2000

PLN 30

2000

5000

100 zloty

5000

7500

PLN 250

7500

-

300 PLN

When will such court fees and simplified proceedings apply? In cases concerning:

  1. claims arising from contracts, if the value of the subject of the dispute does not exceed PLN 20,000, and in cases of claims arising from the warranty, quality guarantee or non-compliance of the consumer goods with the consumer sales contract, if the value of the subject of the contract does not exceed this amount;
  2. payment of the rent for residential premises and fees charged to the tenant as well as fees for the use of a dwelling in a housing cooperative, regardless of the value of the dispute.

Form of payment of court fees

In practice, there are three main forms of payment of court fees:

  1. payment directly at the cash desk of the court where the document is submitted;
  2. payment in the form of court fees (the maximum amount of the fee in this form may not exceed PLN 1,500);
  3. non-cash payment to the account of the court competent for the case being brought.
  4. The court fee is paid when a document subject to it is brought to the court. When it takes place in a non-cash form directly to the court's account, remember to attach a confirmation to the submitted letter.