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How to pay the legal fees? Detailed process
Legal analysis
Legal fees are the fees that the parties should pay and pay to the court when conducting civil litigation, including case acceptance fees, application fees and other litigation fees. The litigation expenses that the parties should pay to the people's court include three parts: the case acceptance fee, the application fee, and the transportation, accommodation, living expenses and lost time expenses incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date designated by the people's court. In general civil cases, the plaintiff pays the legal fees in advance when suing, and the court will file the case only after receiving the legal fees. When the court makes a judgment, the legal fees shall be borne by the losing party. However, if there are special legal circumstances, you can also apply for filing a case first and delay the payment of legal fees. The legal fees for application for execution shall be borne by the person subjected to execution. If the parties reach a settlement agreement during the execution, the burden of the application fee shall be settled by both parties through consultation; If negotiation fails, it shall be decided by the court. The legal fees for applying for preservation shall be borne by the applicant. If the applicant files a lawsuit, the application fee may be included in the litigation request.
legal ground
Measures of People's Republic of China (PRC) Municipality on Paying Litigation Fees Article 20 The fees for accepting a case shall be paid in advance by the plaintiff, the third party with independent claims and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, it shall pay it in advance. The case of recovering labor remuneration may not pay the case acceptance fee in advance. The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Item (1) and Item (6) of Article 10 of these Measures are not paid by the applicant in advance, but after the implementation of the application fee, and the bankruptcy application fee is paid after the liquidation. The fees stipulated in Article 11 of these Measures shall be paid after the actual occurrence. Article 21 If a party changes the amount of the claim, the case acceptance fee shall be handled in accordance with the following provisions: (1) If a party increases the amount of the claim, it shall return it according to the increased amount of the claim; (2) Before the end of the court investigation, if the parties propose to reduce the amount of litigation claims, they shall be refunded according to the reduced amount of litigation claims.
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