Advice 1: How to pay legal costs in court

The court has received and reviewed your petition, you need to pay the state fee. This type of Federal collection and not payment for services of the court, therefore, to expect that the payment of the state fee will bring you a positive solution, not worth it. Payment of fees is a mandatory condition for acceptance of the claim in the proceedings.
How to pay legal costs in court
You will need
  • - receipt of payment of state duty;
  • - payment order for payment (for organizations);
  • a statement that you belong to a category of persons, exempt from tax, and proof of your status;
  • - application for deferment or installment payment of the state fee and documents showing your dire financial condition, disease, etc.
Instruction
1
Payment of state duty for consideration and adoption proceedings in the judicial practice provided by the Tax code of the Russian Federation. Its size depends on the court in which the case (the court of General jurisdiction, arbitration, etc.).
2
To pay legal costs, ask the court staff or the Bank the necessary Bank details, as each court are different.
3
If you go to court as individuals, fill in the Bank receipt, and if the organization or individual entrepreneur make a payment order. This receipt you need after applying to the claim.
4
There are some cases when the law exempts certain categories of persons from payment of state fees. For example, it is the plaintiffs who go to court to claim wages, child support and benefits, protection of the rights of persons with disabilities, rights of the child and a Complete list of persons exempted from payment of the state duty provided in article 333.36 of Chapter 25.3 of the Tax code of the Russian Federation.
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To be eligible for exemption from state tax, specify in the statement of claim that you belong to the privileged categories of persons and attach documents or their notarized copies confirming this right.
6
If you have no money and the right to exemption from paying the fee, ask the court for deferment or installment of payment. To do this, write the appropriate statement and attach it to the suit. Can also specify the request for postponement in the text of the statement of claim.
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Don't forget to justify your request with the relevant documents, as the deferment is a right, not a duty of the court. Reasons that allow you to request deferment: a difficult financial situation, the presence of dependents, illness, absorbing all your money. In some cases, the legislation provides for the refund of the state fee.

Advice 2: How to calculate the state duty under the claim

The easiest way to calculate the size of the state duty on claim of property character is to use the online calculator located at http://www.kod-x.ru/polza/gpcalc.htm. However, you can do this yourself by relying on article 333.19 of the Tax code of the Russian Federation when referring to a magistrate or a court of General jurisdiction and 333.21 - to arbitration.
How to calculate the state duty under the claim
You will need
  • computer;
  • - access to the Internet;
  • - The tax code of the Russian Federation;
  • calculator.
Instruction
1
If you decided to use the state tax calculator, please go to the page http://www.kod-x.ru/polza/gpcalc.htm and enter the amount of the claim in the appropriate box for the court, which plan to appeal in the court of General jurisdiction, to the magistrate or to the court of arbitration. In the latter case, the state duty rates will be slightly higher.If you are planning to go to court in Moscow, using the service can also generate and print a receipt for payment of registration fee. For other regions this is possible, provided that you yourself will enter the details of your court.
2
If you want to calculate the stamp duty themselves, based on the rates given in article 333.19 of the Tax code, for justices of the peace and courts of General jurisdiction and 333.21 for the Tribunal.When applying to the court of General jurisdiction or to the magistrate and the price of the claim up to 20 thousand. p. stamp duty is 4% of the claim, but not less than 400 p., 20001 - 100 thousand rubles - 800 rubles plus 3% of the amount in excess of 20 thousand. 100001 - 200 thousand to 3.2 thousand rubles + 2% of the amount above 100 thousand. 200001 - 1 million R. - 5.2 thousand rubles plus 1% of the amount in excess of 200 thousand rubles and more than 1 million R. - 13.2% p. + 0,5% of the amount in excess of 1 million, but not more than 60 thousand.
3
Turning to the arbitration court with the claim price up to 100 thousand rubles will have to pay 4% of this amount, but not less than 2 thousand rubles From 100001 up to 200 thousand rubles - 4000 rubles + 3% of the amount above 100 thousand, 200001 - 1 million 7 thousand rubles + 2% of amount in excess of 200 thousand, 1 million - 2 million - $ 23 + 1% of the amount in excess of 1 million and 2 million 33 thousand. p. + 0,5% of the amount in excess of 2 million, but not more than 200 thousand.
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In most other cases for claims of a different nature, with a fixed fee, the size of which is given in article 333.19 of NK of the Russian Federation for justices of the peace and courts of General jurisdiction and 333.21 for arbitration courts.

Advice 3: What court hears the case of alimony payments

The issues related to paying of alimony to the former spouse or children born in the marriage with him, are governed by many regulations, including Civil, Family, Civil procedure and Tax codes of the Russian Federation. In these documents is determined and jurisdiction of resolving these issues.
What court hears the case of alimony payments

Who is eligible for alimony


The legal basis for the appeal to judicial authorities for recovery of maintenance are Chapter 13 and 15 of the Family code. They are governed by such obligations that arise in relation to parents and children, former spouses, and other family members. These commitments, for example, are the adult brothers and sisters, left orphans in respect of their minor brothers and sisters, and grandparents against their grandchildren, who can't contain themselves. In most cases, alimony payments made in accordance with the agreement which is in writing and notarized. When such obligations are not fulfilled on a voluntary basis and there is no agreement between family members ' agreement on the payment of alimony, they may be recovered through the courts.

Which court to apply


In determining judicial facilities should be guided by article 23 of the Civil procedure code of the Russian Federation, according to which questions about a court order for alimony considered magistrates. If we are talking about minor children, except the cases, envisaged in article 122 of the code of civil procedure of the Russian Federation, when the application is filed simultaneously with the requirement about contest or establish paternity, and a statement on the deprivation or restriction of parental rights. In such cases, to consider the case of child support should the court of General jurisdiction, according to article 24 of the RF CPC.

Territorial jurisdiction of cases alimony is determined in accordance with article 28 of GPK of the Russian Federation. Under its provisions, a statement of the judicial order on recovery of alimony and the lawsuit should be filed in the court at the place of permanent residence of the defendant. However, according to the article 29 of civil procedure code of the Russian Federation, when the last place of residence of the defendant to the plaintiff unknown, forward these documents can where was the last place of residence of the defendant, about which plaintiff was aware. In the case where the plaintiff has no idea of the place of residence of the defendant, statement of claim or application for injunctive orders can be sent to the court, which is located at the place of residence of the person in whose favor the alimony shall be exacted.

When the debtor raises objections to a magistrate issued a court order, this order, in accordance with article 129 of the code of civil procedure of the Russian Federation may be repealed, but the requirement of alimony is considered in the order of action proceedings.

Advice 4: How to pay legal costs in the divorce division of property

Legal costs in the divorce division of property shall be paid in any branch of the Bank through the personal account in the Internet Bank or via mobile banking. If there is litigation, the size of this payment will amount to four hundred rubles each spouse.
How to pay legal costs in the divorce division of property
Any action of the organs recording acts of civil status performed at the request of citizens, are subject to stamp duty. Is no exception and divorce associated with the need for the division of property between spouses. Often in this case there is a dispute, however, the spouses can resolve property issues and by mutual consent. To contact the territorial Department of the registry office should have after paying a fee, since you will need to submit a receipt confirming settlement of the respective payment. The payment details depend on specific territorial units, usually they are placed on official sites of bodies of the registry office.

To what extent should pay legal costs in the divorce division of property



The existence of a dispute about the property does not have a direct effect on the amount paid in the divorce registration fee. The tax law requires to be paid four hundred roubles for each spouse, including cases of divorce in a judicial order and a situation in which the spouses reach a mutual agreement without recourse to the courts. Thus, you will need to submit to the authorities two receipts from each spouse. The exception is the case of divorce at the initiative of one spouse when the other declared dead, sentenced to a long prison term or missing. In this situation, the requesting spouse will have to pay only two hundred rubles as a state duty for the provision of public services.

What are the ways to pay legal costs in the divorce division of property



For prompt payment of state fees in a divorce-related property division, you can use several ways, however, the choice of specific options should take into account the necessity of submission to the Registrar of the payment document (receipt or payment order).

It is therefore recommended to perform a corresponding payment in any Bank where you will need to submit their passport details to make a payment, the funds in the above-mentioned size. Alternative ways are Internet channels (personal account in the Internet Bank, mobile Bank. But when using these options will still have to visit a Bank branch as we will need to take the original payment document with a mark of Bank about the payment.

Advice 5: How to pay a duty upon approval of the settlement agreement

In approving the global agreement court of arbitration the state duty shall be paid by the plaintiff in a General manner, but half of its size to be returned to the plaintiff. If the settlement agreement is approved in the court of General jurisdiction, the claimant paid a state fee is not refundable.
How to pay a duty upon approval of the settlement agreement
The parties reached a litigation settlement agreement is one of the reasons for the completion of proceedings in arbitration courts, courts of General jurisdiction (global, regional). One of the plaintiff relevant to the issues in this situation is the distribution of public duties, since the initial statement of requirements it is paid in the General order. Regardless of the type of court on procedural law gives the parties the right to agree on distribution of expenses on state duty in the settlement agreement. For example, the document can be assigned the duty of the defendant to pay the plaintiff half spent on duty amounts to develop other rules. After the approval of the court on such agreement, it becomes binding for the parties. If agreement is not reached, then subject to the General rules of distribution of expenses on state duty.

A duty upon approval of the settlement agreement in bankruptcy court



If the case was heard in the arbitration court and the parties agreed to its termination by a settlement agreement, the plaintiff can expect to return half of the fees paid. The only condition is that the approval of this agreement pending a decision on the case, because the rule on the return half of the paid amount does not apply in cases where the parties reach agreement at the stage of enforcement proceedings. To receive funds, the plaintiff must contact the tax office at the location of the court with the corresponding statement, to which is attached a judicial act and a document confirming the payment of certain amounts in fees.

A duty upon approval of the settlement agreement in the court of General jurisdiction



If the settlement agreement achieved in the proceedings among ordinary citizens in the world or the district court, the law requires the parties themselves to resolve the question of the allocation of costs in the text of this agreement. No special rules on the return of duty from the budget in this case does not apply, so the plaintiff may not appeal with the relevant requirement.

In other words, in the absence of conditions on the distribution of duties in the text of the agreement, the plaintiff will simply incur the cost of payment in a General manner. Hand in the text of the settlement agreement in this case often include the obligation of the defendant to pay the plaintiff half of the amount of the fee.

Advice 6: How to reclaim legal costs

The law defines situations when it is possible to return the paid state duty. Such cases and the refund established by article 333.40 of the Tax code of the Russian Federation. It is possible in the case of an overpayment, return statements, or in the case where the payer of the fee from making a legal action, the court's refusal in consideration of applications, complaints, termination of the proceedings. If the claimant refused the claim, the decision is not in favor of the defendant is not accepted, the proceedings terminated. In this case, the fee budget to the defendant does not pay.
How to reclaim legal costs
Instruction
1
Apply for refund of overpaid state tax in the authority to perform the legal acts (does not apply to relations in the consideration of cases by courts, arbitration courts, magistrates). Specify the details of where you need to make a return.
2
Apply to the tax authority on the return of the state duty.
3
Please include the original documents on payment of state duty (payment order, receipts) upon return of the registration fee, attach copies of the payment documents.
4
Attach a certificate from the court for the return of the state duty or the judicial act (definition of decision), which indicated the need for a refund.
5
On the basis of complaints received, the authorized body makes the decision on refund of duty, shall notify the payer.
6
Within one month from the date of filing of the application and required documents state fee is refunded to the payer.
Note
Stamp duty is refundable when the reduction of claims, at the conclusion of the settlement agreement from the budget of 50% of the amount.
Useful advice
The amount of the registration fee must be paid only in person. Request for refund of overpayment of state tax must be filed within three years from the date of payment.

Advice 7: How to recover legal costs from arbitration court

Lawsuits do not always end with a judgement, often citizens ' complaints have been rejected or returned. In this case arises before the appellants the question of the return of gopublic fee, which is paid in advance to commit judicial action.
How to recover legal costs from arbitration court
Instruction
1
To return the already paid fee from the court for the following 5 reasons: - in case of overpayment, i.e. if the amount paid exceeds the required; - if the arbitral Tribunal did not consider your business or stopped production on it, the return in this case is only 50 per cent of the paid sum is because certain actions the court has already been made; - if the need for a judicial decision disappeared before its consideration;- if the arbitral Tribunal, or initially not taken, or is later returned, the application or complaint.
2
To recover legal costs from the court of arbitration is possible only for 3 years. To return the overpayment to write a statement to the tax office according to the territorial presence of the arbitration court, for which payment was made. The statement must indicate the reason for which you want to recover legal costs - it is best if the wording would correspond to the reasons specified in the Tax code, article № 330.40.
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Write the amount you want to return, as well as the actions of the court, which are paid fee - this will help to find the business and deal with your statement. It is better to prepare 2 identical statements - then, after signing one copy will remain with you as proof of fact of filing deadlines. This will be particularly useful if the money is not returned within one month, which is the term of consideration of such statements.
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This application shall attach the original of the payment document of the payment has been made - if you need to return the entire amount. If you want to return only part of it - enough photocopies of the original document of payment
5
In addition to confirmation of payment should also be attached to the application the decision of the court or a certificate from him that you have circumstances that allows you to return the duty paid. You only need to pay attention to the time that the documents need to be submitted in its own tax authority and the tax office that controls a particular arbitration court. With proper processing of documents of the funds should be returned within 1 month.

Advice 8: How to pay for the extract

If the company receives an extract from the register himself and is ready to wait a bit to pay anything he should not. In all other cases you will have to shell out for legal costs. And if the excerpt is used by the company, payment must be made from his checking account.
How to pay for the extract
You will need
  • computer;
  • - access to the Internet;
  • the details of the tax inspection;
  • - a sufficient balance on the current account.
Instruction
1
Statement of the fact or other legal entity may need, for example, to check the company or going to court. Pay is also an urgent statement to yourself or other legal entity. The state duty for the usual statement as at 2011 is equal to 200 p, term - 400 rubles to extract any territorial tax inspections, but in the payment documents must be specified exactly in which you are applying and the payment is held strictly to its details. So you should start with the selection of tax inspection in which you plan to apply. The number and the address of the nearest, you can use the service to search on the site FNS of Russia.
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The website of the FTS of Russia will also help with the details and create payment document. For this you have to enter the number of the selected inspection in the form proposed to be filled, indicate your legal address or registration by place of residence, if you are an individual, and enter other data as required.
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If you go to inspection, which does not serve your address, the system will warn you about it, but nothing serious. So feel free to make a choice in favor of the said inspection. The purpose of the payment select in the proposed drop-down list (will have to look for a long time, but all taxes and state duties it is).
4
If you make a request on behalf of a legal entity, state duty shall be paid his current account. Otherwise, documents may not take. So choose the option of payment through the Bank. For individuals provided cash payments through Sberbank, and when you select this option, the system will generate a receipt. Prepared payment order or receipt, save it on your computer.
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It now remains to pay for what to print and take to Bank (payment order assured by the signature and seal) or, in the case of payment, to upload it to the Bank-client and send for execution by binding a digital signature, then visit the Bank with a paper version of the document to produce a mark on the payment.
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