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Court fees concerning European Payment Order procedure - Latvia

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Introduction

What are the expenditure?

How much do I have to pay?

What will happen if court fees fail to pay in time?

How can I pay court fees?

What should I do after my payment?

Introduction

Pursuant to Article Link opens in new window 33 (2) of the Law on Civil Procedure, the Court’s expenditure is:

  • State duty;
  • clerical fees;
  • expenses related to the hearing.

For each application, the initial claim or counterclaim, the application of a third party with a claim in respect of the subject-matter of a dispute filed in ongoing proceedings, the application in cases of special proceedings, as well as the other Link opens in new windowapplications pursuant to Article 34 of the Law on Civil Procedure, which are submitted to the courts, the State fee shall be paid. Article 43Link opens in new window of the Civil Procedure Law lists those who are exempt from payment of court costs (including national fees).

The court sentence in favour of the party to whom the judgment has been handed down shall order, on the other hand, all court costs paid by it. If the claim is accepted in part, the amounts indicated are passed on to the claimant in proportion to the amount of the claims settled by the court and proportionally to the part of the defendant in which the claim was rejected. The State fee for the ancillary complaint against a court decision, the application for the renewal of the proceedings and the new processing of the case in which the judgment in absentia is given, shall not be reimbursed.

If the claimant waives the requirement, he shall reimburse the court fees incurred by the defendant. The court fees paid by the plaintiff in this case will not be reimbursed by the defendant. However, where the claimant does not maintain his claims on the grounds that the defendant has voluntarily satisfied them after his claim has been lodged, the court, at the claimant’s request, shall be ordered to pay the court fees paid by the defendant.

If the action is left without an examination, the court shall order the claimant to pay the court fees from the defendant’s request at the request of the defendant.

The costs of a court shall, if a claimant has been released from his or her payment, be charged to the defendant’s State income in proportion to its claim.

What are the expenditure?

The application for a European order for payment under Link opens in new windowRegulation No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure shall be subject to State duty.

During the proceedings, the party may also have to pay other court fees in the State’s income in the form of a court fee (for example, the cost of issuing procedural documents and duplicates) and the expenses relating to the handling of the case (e.g. the search of the defendant requested by the claimant, related expenses, the service of court orders and other court documents, and the costs related to service and translation).

How much do I have to pay?

When applying for a European order for payment, the State shall return 2 per cent of the amount owed but not more than EUR 498,01. The Office fee is payable within the limits Link opens in new window laid down in Article 38 of the Law on Civil Procedure. On the other hand, costs related to the processing of a case can vary depending on a number of factors (for example, depending on the type of transmission of the documents — the sending of a simple mail or an electronic mail message).

What will happen if court fees fail to pay in time?

If the application is not accompanied by documents confirming the payment of State duty and other court fees in accordance with the procedures and to the amount laid down in the law, the court shall, on the basis of Article 133 of Link opens in new windowthe Law on civil procedure, leave the application without guidance setting a time limit to remedy the deficiencies.

If the applicant remedy the deficiencies within a time limit, the application shall be deemed to have been lodged on the date on which it was submitted for the first time to the court.

If the applicant fails to put the application in good time within the time-limit prescribed, the application shall be deemed not to have been lodged and shall be returned to the claimant.

The return of the claim to the claimant does not prevent his/her being brought back to court in accordance with the general application procedure laid down in this Law.

Conversely, in the case of judicial fees, the court shall not issue them before the fee in question is paid. However, if the expenses related to the proceedings are not freely paid in the State by the time the case is settled, then it is enforced after the general terms and conditions for the execution of the court ruling.

How can I pay court fees?

The State fee may be paid on payment to the Public Treasury account. The State fee (Article 34 ofLink opens in new window the Civil Procedure Law, with the exception of the sixth paragraph), is due:

Beneficiary: State Treasury

Registration No: 90000050138

Account No: LV55TREL1060190911200

Recipient’s bank: State Treasury

BIC code: TRELLV22

Message: particulars identifying the person or the case: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number. Where the State fee is being paid on behalf of another person, information identifying the person on whose behalf the payment is being made must be indicated: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number.

The submission of the State fee for the execution of an executive order or other enforceable title may be paid in the form of a payment made on the account of the Treasury. The State fee for the execution of the execution pattern or other enforcement document (Link opens in new windowArticle 34 (6) of the Civil Procedure Law) must be paid for:

Beneficiary: State Treasury

Registration No: 90000050138

Account No: LV71TREL1060190911300

Recipient’s bank: State Treasury

BIC code: TRELLV22

Message: particulars identifying the person or the case: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number. Where the State fee is being paid on behalf of another person, information identifying the person on whose behalf the payment is being made must be indicated: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number.

The Registry charge may be paid on payment to the Public Treasury account. The registry fee (ArticleLink opens in new window 38 of the Law on Civil Procedure) should be paid:

Beneficiary: State Treasury

Registration No: 90000050138

Account No LV39TREL1060190911100

Recipient’s bank: State Treasury

BIC code: TRELLV22

Message: particulars identifying the person or the case: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number. Where a clerical contribution is made for the benefit of another person, the identifying information of the persons to whom the office fee is paid shall be: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number.

Expenses related to the proceedings and the enforced enforceability of the undertaking may be paid on account of the payment made to the account by the Court of Justice. Expenses related to the hearing (Article 39 ofLink opens in new window the Civil Procedure Law) and expenditure related to the compulsory enforcement of commitments ( Article 3Link opens in new window of the Civil Procedure Law) (of the Civil Procedure Act):

District or city courts and district courts:

Beneficiary: Judicial administration

Registration No: 90001672316

Account No: LV51TREL2190458019000

Recipient’s bank: State Treasury

BIC code: TRELLV22

Message: 21499, as well as data for identification of the person or case: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number. Where the expenses related to the hearing are paid for the benefit of another person, the information identifying the person for whom the related expenditure is paid must be stated: case number (where known), and for natural persons — first name, surname, personal identification code; for legal persons — name and registration number.

What should I do after my payment?

Documents supporting the payment of State duties and other court fees in accordance with the procedures and in the amount laid down in the law shall be attached to the application before a court. The office fee shall also be paid prior to the service in question. The expenses related to the handling of the case must be paid pending the proceedings.


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Last update: 02/09/2019