Court fees concerning European Payment Order procedure - Lithuania
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In cases concerning the issuing of a European order for payment, the rules on the calculation and payment of the court fee laid down in Article 1 to (3) of the Lithuanian Code of Civil Procedure shall apply.
Pursuant to Resolution No 1240 of the Government of the Republic of Lithuania of 27 October 2011 approving the rules for calculating, paying, offsetting and refund rules, you may also pay stamp duties electronically.
A court fee of the amount referred to in the next point shall be paid.
The court fee for the declaration of court order shall be a quarter equivalent to a quarter of the amount that would be payable in the event of a proceeding before the court but not less than ten litas, except where, by virtue of law or by order of the court, a person is wholly or partly exempted from payment of the court fee or when the time limit for the payment of court fees has been deferred.
If, after the order has been issued by the court, the debtor expresses objections and the creditor submits an action in common order, the stamp duty referred to above shall be taken into account in the payment of the court fee.
In the event of an acknowledgement of the creditor’s statement not given in the case referred to in Article 439(6) of the Code of Civil Procedure, the stamp duty paid shall not be returned to the applicant
The application must be accompanied by the documents and other evidence on which the plaintiff bases his claims, as well as the evidence that the court fee has been paid.
If the court fee has not been paid, the court will issue an order and set a sufficient deadline, but not less than seven days, to rectify the deficiency. The order shall be sent at the latest on the working day following that of its adoption.
If, after having lodged the procedural document, the party in question rectifies the deficiencies in accordance with the court’s indications and by the deadline set, the procedural document is deemed to have been lodged on its original date of submission to the court. Otherwise, the procedural document shall be deemed not to have been filed and no later than five working days after the closing date for defects of the time limit, the judge, together with the annexes, shall be returned to the applicant.
The stamp duty in a person’s choice of payment method (electronic banking, cash or order payment and other) is paid into a specified budget revenue holding account of the State Tax Inspectorate under the budget of the Ministry of Finance.
The payment order or other proof of payment shall be borne by the payment order bearing the following:
- the payer’s name, personal identification number (or name and code of the legal person if the stamp is paid by a legal person);
- name, personal identification number (or name and code of the legal person, if other party is a legal person) of the other party (defendant, debtor or other);
- date of the payment;
- the contribution code;
- the amount of the levy;
- the purpose of the payment (indicating payment of the stamp duty and the name of the court initiating the proceedings).
Where a representative fee is payable by a representative of the party in the proceedings (lawyer, assistant or other person representing the interests of the party), the document certifying the payment order or other payment shall, in addition to the particulars referred to above, indicate and represent the name, personal identification number (or name and code of the legal person, if the party to the proceedings is a legal person) of the party represented.
If the court fee is paid electronically, documents confirming payment of the court fee shall not be provided.
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Last update: 06/09/2019