Small claims

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Article 25 1 (a) Competent courts

Territorial jurisdiction is laid down by the Decision on courts, their territorial jurisdiction and location "Par tiesām, to darbības teritorijām un atrašanās vietām" .

Article 25 1 (b) Means of communication

In Latvia, documents for the court must be submitted in paper form, either by post or by hand. Documents may also be submitted to a Latvian court electronically, using the e-lietas portāls portal or by sending them to the court’s email address. Electronically submitted documents must be signed with a secure electronic signature acknowledged in Latvia (a qualified electronic signature within the meaning of Article 3(12) of Regulation (EU) No 910/2014).

Article 25 1 (c) Authorities or organisations providing practical assistance

RIGA CITY COURT

Address: Abrenes iela 3, Riga, LV-1356

Tel: Tel. 67077222 67077370, 67077290, 67077259

Fax: 67077203

E-mail: rigas.pilseta@tiesas.lv

Article 25 1 (d) Means of electronic service and communication and methods for expressing consent for thereof

Courts in Latvia can sign documents using a Latvian secure electronic signature and can send them electronically where the party concerned has clearly confirmed and expressed their wish to receive documents electronically.

Article 25 1(e) Persons or professions, obliged to accept service of documents or other written communications by electronic means

Article 56 of the Civil Procedure Law provides inter alia that summonses must be sent to lawyers, notaries, bailiffs, administrators, and State and local government institutions by electronic mail. The court informs lawyers of documents and also of electronic documents via the online system. Notaries, bailiffs, administrators, and State and local government institutions are informed of documents prepared by the court and other documents in electronic format by e-mail, unless the person concerned has notified the court of registration as a user of the online system. If a party to a case notifies the court that they agree to communicate with it electronically, and to register as a user of the online system, court documents will be notified to it in the online system. If the court encounters technical obstacles to the notification of court documents through the online system, they are to be delivered in another manner laid down in the Law on Civil Procedure, but summonses will be sent to the e-mail address provided by the party to the case. Summonses are sent by e-mail to representatives for which the registered place of residence or the address for correspondence is outside Latvia, whereas court-prepared documents and other documents in electronic format are sent to them by e-mail unless they indicate their registration as a user of the online system.

Article 25 1 (f) Court fees and the methods of payment

Court expenses comprise:

- a State fee (valsts nodeva);

- a clerical fee (kancelejas nodeva);

- fees associated with examination of the case.

Court expenses calculator:

https://manas.tiesas.lv/eTiesasMvc/e-pakalpojumi/nodevu_kalkulators

The State fee

Pursuant to Article 34 of the Civil Procedure Law, a specific amount is payable to the State by way of a fee for every claim application.

Applications under the European Small Claims Procedure are subject to the State fees listed below. For a claim that is assessable as a monetary amount:

(a) up to EUR 2 134, the fee is 15% of the amount claimed, but not less than EUR 70;

(b) from EUR 2 135 to EUR 7 114, the fee is EUR 320 plus 4% of the amount claimed in excess of EUR 2 134.

An application under the European Small Claims Procedure must be accompanied by a document attesting to payment of the State fee in accordance with the procedure and for the amount laid down in the Law on Civil Procedure.

State judicial fee (Article 34 of the Law on civil procedure):

Judicial fee (State fee):

Beneficiary: State Treasury

Registration No 90000050138

Account No LV55TREL1060190911200

Beneficiary’s bank: State Treasury

BIC code TRELLV22

Purpose of payment: particulars identifying the person or the case: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number. If the payment of a State fee is made on behalf of another person, information must be given identifying that person: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number.

The clerical fee

Pursuant to Article 38 of the Civil Procedure Law, the clerical fee is payable:

- for issuing a true copy of a document in a case, as well as for reissuing a court judgment or decision;

- for issuing a statement;

- for issuing a duplicate of a writ of enforcement;

- for certifying the coming into effect of a court ruling, if such ruling is to be submitted to an institution abroad;

- for summoning witnesses.

The clerical fee (Article 38 of the Civil Procedure Law):

Judicial authority clerical fee:

Beneficiary: State Treasury

Registration No 90000050138

Account No LV39TREL1060190911100

Beneficiary’s bank: State Treasury

BIC code TRELLV22

Purpose of payment: particulars identifying the person or the case: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number. If the payment of a clerical fee is made on behalf of another person, information must be given identifying that person: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number.

Fees associated with examination of the case

Article 39 of the Civil Procedure Law provides that the expenses related to examination of a case consist of:

- sums payable to witnesses and experts;

- expenses arising out of the questioning of witnesses or the conduct of inspections on site;

- expenses incurred in tracing the defendant;

- expenses relating to the enforcement of a judgment;

- expenses for the delivery, issue and translation of summonses and other court documents;

- the costs of publishing notices in newspapers;

- fees relating to the securing of a claim.

Fees associated with examination of the case (Article 39 of the Civil Procedure Law) - district (city) and regional courts

Beneficiary: Courts Office (Tiesu administrācija)

Registration No 90001672316

Account No LV51TREL2190458019000

Beneficiary’s bank: State Treasury

BIC code TRELLV22

Purpose of payment: ‘21499’, and give the particulars identifying the person or the case: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number. If the payment of expenses related to the examination of a case is made on behalf of another person, information must be given identifying that person: the number of the case (if known); for natural persons, the given name, surname, and personal identity number; for legal persons, the name and registration number.

Article 25 1 (g) Appeal procedure and courts competent for an appeal

Appeals against court rulings must be submitted to the court which handed down the decision. The regional court concerned should be applied to for district or city court decisions.

RIGA REGIONAL COURT Address: Brīvības bulvāris 34, Riga, LV-1886 Fax: 67088270 Tel.: 67088211, 67088262 Email: riga.apgabals@tiesas.lv

KURZEME REGIONAL COURT Address: Kūrmājas prospekts 2/6, Liepāja, LV- 3401 Tel.: 63420059 Fax: 63423479, 63483187 Email: kurzeme.apgabals@tiesas.lv

LATGALE REGIONAL COURT Address: Atbrīvošanas aleja 95, Rēzekne, LV-4601 Tel.: 64625581 Fax: 64624033 Email: latgale.apgabals@tiesas.lv

VIDZEME REGIONAL COURT Address: Tērbatas iela 13, Valmiera, LV-4201 Tel.: 642 32919 Fax: 642 31122 Email: vidzeme.apgabals@tiesas.lv VIDZEME REGIONAL COURT Madona Court Building Address: Poruka iela 1, Madona, LV-4801 Tel.: 648 23579 Fax: 648 60691 Email: vidzeme.madona.apgabals@tiesas.lv

ZEMGALE REGIONAL COURT Address: Akadēmijas iela 9, Jelgava, LV-3001 Tel.: 63023508 Fax: 63023911 Email: zemgale.apgabals@tiesas.lv ZEMGALE REGIONAL COURT Aizkraukle Court Building Address: Jaunceltnes iela 5, Aizkraukle, LV-5101 Tel.: 65128197 Fax: 65128119 Email: zemgale.aizkraukle.apgabals@tiesas.lv

An appeal may be brought against a judgment under the European Small Claims Procedure where:

(1) the court of first instance has applied or interpreted a rule of substantive law incorrectly, and this has led to an incorrect adjudication of the case;

(2) the court of first instance has infringed a rule of procedural law, and this has led to an incorrect adjudication of the case;

(3) the court of first instance has made incorrect findings of fact or incorrectly assessed evidence, or provided an incorrect legal assessment of the circumstances of the case, and this has led to an incorrect adjudication of the case.

An appeal claiming that a judgment is defective must also indicate the following:

(1) which rule of substantive law has been applied or interpreted incorrectly by the court of first instance, or which rule of procedural law it has infringed, and how this has affected the adjudication of the case;

(2) which of the findings of fact made by the court of first instance are incorrect, which evidence has been incorrectly assessed, how it can be seen that the legal assessment of the circumstances of the case is defective, and how this has affected the adjudication of the case.

An appeal against a judgment by a court of first instance may be submitted within 20 days of the delivery of the judgment. If an abridged judgment has been issued, the time period for appeal runs from the date set by the court for drawing up the full judgment. If the judgment is drawn up after the date indicated, the time period for submitting an appeal against the judgment runs from the date of the actual drawing up of the judgment. In the above instances, where a judgment is being sent to a party to proceedings located abroad, an appeal may be submitted within 20 days of a copy of the judgment being issued. Where the case has been adjudicated by written procedure, in addition to the above, the time‑limit for appeal runs from the day the judgment is drawn up.

Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review

Re-examination of a case in connection with a review of the ruling can be initiated by the defendant on the basis of Article 18 of Regulation No 861/2007 of the European Parliament and of the Council, by submitting an application

1)      for the review of a judgment or decision by a district or city court – to the corresponding regional court;

2)      for the review of a judgment or decision by a regional court – to the Supreme Court;

Article 25 1 (i) Accepted languages

Latvian.

Article 25 1 (j) Authorities competent for enforcement

Competent authorities with regard to the enforcement of judgments:

Sworn court bailiffs

The list of sworn court bailiffs is available at: http://www.lzti.lv/zverinati-tiesu-izpilditaji/

Competent authorities with regard to the application of Article 23:

The district or city court in whose area of jurisdiction the ruling by a foreign court is enforceable, on application by the debtor.

The area of operation of Riga City Court is the administrative territory of the City of Riga.

The areas of operation of district (city) courts are defined in Annex 1 to the Law on Courts, their Areas of Operation and Locations [Likuma "Par tiesām, to darbības teritorijām un atrašanās vietām"].