A person, turning to the court as a plaintiff or defendant in a case in connection with participation in a trial, inevitably bears the costs: for a nanny, a lawyer, transport, etc. Realizing this perfectly, the legislators in the procedural code of Russia provided for articles that allow all these costs to be reimbursed.
Instructions
Step 1
It should be noted that the right to compensation for legal costs arises in the event that the court decision is made in your favor. That is, when you are a plaintiff, and the court satisfies the claim, and if the defendant, then the claim is denied. The losing party will reimburse the legal costs.
Step 2
The claim for compensation of court costs, if you are a plaintiff, can be included in the statement of claim, as one of the points of the petition, and the claim for compensation for court costs can be filed in any court session.
Step 3
To recover the costs incurred, you need to prove them. To do this, it is necessary to save contracts that are concluded with lawyers, specialists, translators, etc., checks, bus, train, plane tickets, postal receipts.
Step 4
As a general rule, court costs are collected by the court in favor of the winner on the losing side. If the claim is satisfied in part, and the costs are accordingly recovered in proportion to the amount of the satisfied claims. In what amount and from what side such expenses are recovered, is determined by the court when making a decision on the case.
Step 5
As a rule, there are no questions about the costs of witnesses, translators, experts and the state fee. The case contains all payment documents, and when making a decision, they are examined by the court. The size of the state fee is established by the Tax Code and, as a rule, the state fee itself is paid before filing a claim. There is no dispute regarding its distribution and size.
Step 6
To collect expenses, you must have: - an executive sheet; - copies of the court decision, duly certified by the court; - a statement by the plaintiff indicating his bank account where the funds are transferred.
Step 7
These documents are sent to the treasury department. It is necessary to pay attention to how the copies of court documents are certified. According to the requirements of the instructions on each page of the document must be stamped "Copy". Below the text on the last sheet is the stamp “Copy is true”, and the full name of the court is indicated. All pages are stitched and sealed with the seal of the court office.
Step 8
The court decisions are executed in the following order: - the treasury within five working days from the date of receipt of the documents of the claimant informs the defendant about the writ of execution; - within 10 working days, the defendant must submit to the Treasury department a payment document confirming the repayment of the debt.
