In order for the court to accept and consider your statement of claim, you need to pay a state fee. This is a kind of federal tax, and not a payment for court services, so you should not count on the fact that the payment of the state fee will bring you a positive decision. Payment of the fee is a prerequisite for the acceptance of the claim in court proceedings
Necessary
- - receipt of payment of the state duty;
- - payment order for payment (for organizations);
- - a statement that you belong to the category of persons exempt from duty, and documents confirming your status;
- - a statement on the postponement or installment plan of payment of the state duty and documents testifying to your serious financial condition, illness, etc.
Instructions
Step 1
The payment of the state duty for the consideration and acceptance of the case in court practice is provided for by the Tax Code of the Russian Federation. Its size depends on the court in which the case is located (court of general jurisdiction, arbitration, etc.).
Step 2
To pay the state duty, ask the employees of the court or bank for the necessary bank details, since they are different for each court.
Step 3
If you are applying to the court as an individual, fill out a receipt at the bank, and if as an organization or individual entrepreneur, draw up a payment order. You need to attach this receipt to the statement of claim.
Step 4
There are individual cases when the law exempts certain categories of persons from paying state fees. For example, these are plaintiffs who go to court to demand wages, alimony and benefits, to protect the rights of disabled people, the rights of the child, etc. The full list of persons exempted from paying state fees is given in Art. 333.36 Chapter 25.3 of the Tax Code of the Russian Federation.
Step 5
To exercise the right to exemption from state duty, indicate in the statement of claim that you belong to the privileged category of persons, and attach documents or their notarized copies confirming this right to it.
Step 6
If you do not have the money and the right to be exempted from paying the fee, ask the court for a delay or installment payment. To do this, write a corresponding statement and attach it to the claim. You can also indicate the request for a deferral in the text of the statement of claim.
Step 7
Do not forget to substantiate your request with appropriate documents, as granting an extension is a right, not an obligation, of the court. Reasons that allow you to ask for a delay: a difficult financial situation, the presence of dependents, an illness that consumes all your money. In some cases, the legislation provides for the possibility of refunding the state duty.
