Court fees concerning Small Claims procedure - Poland
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The issue of fees in civil proceedings is governed by the Act of 28 July 2005 on judicial costs in civil matters (t. (Journal of Laws of 2014, 1025). A fee is, in principle, subject to any claim and thus made in the proceedings governed by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (hereinafter: EDR).
In Polish law, there is a possibility to request exemption from such costs in accordance with the provisions of Title IV (exemption from legal costs).
The so-called fixed fee applies to EDR.
From the application file in the European Small Claims Procedure a fixed fee of PLN 100 is charged (Article 27 of the Act on Judicial Costs in Civil Matters). A fee of the same amount is also charged on an appeal (Article 18 in conjunction with Article 27 (b) of the Act).
Pursuant to Article 126 ( 2) (1) of the Code of Civil Procedure of 17 November 1964 (Dz. Journal of Laws No 43, item 269, as amended) — Mr C., the court does not take any action following a letter from which the fee due has not been paid. Accordingly, the fee must be paid at the time the letter is lodged with the court or tribunal to which the application for exemption is made or a request for exemption from legal costs.
Pursuant to Article 130 of the Code of Criminal Procedure, if a procedural document (including the application) cannot receive a proper course of action as a result of non-payment of the fee due, the presiding judge (the judge) shall invite the party, failing which he shall be ordered to pay the letter, to pay it within one week. If the letter is lodged by a foreign resident who does not have a representative in Poland, the chairperson (judge) shall set the time limit for payment of the fee, which may not be less than one month. Once the above deadline has expired, the letter is returned to the party. On the other hand, the letter of service within the period laid down produces its effects from the date on which it was lodged.
In the light of Article 130 2 of the Code of Criminal Procedure, a letter lodged by a lawyer, lawyer or patent agent who has not been duly paid shall be reimbursed without the payment of a fee if he is subject to a fee payable at a fixed or a relative amount calculated on the basis of the value of the subject matter of the dispute. However, where, within a week from the date of service of the recovery order, a letter is duly paid, it shall have procedural effects from the initial date of filing.
The method of payment of court fees in civil matters is governed by the Regulation of the Minister for Justice of 31 January 2006 on the payment of court fees in civil matters (Dz. Journal of Laws No 27, item 199) constituting an implementing act for the above mentioned legal costs act.
Court fees in civil matters are to be paid in non-cash form into the current account of the competent court (the account information can be obtained directly from the court or from the court’s website or may be indicated on the website of the Ministry of Justice) directly at the court payment office or in the form of court fee stamps available from the court payment office.
Upon payment of the fee and any filling thereof, the court will proceed to hear the case in closed session. The court can only appoint a hearing in the cases specified in Regulation 861/2007.
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Last update: 18/09/2019