1、 Does withdrawal cost money
For the withdrawal request, the corresponding fee payment obligation must be fulfilled first, but 50% preferential treatment can be enjoyed.
In civil affairs litigation If the plaintiff or appellant submits a withdrawal application to the court and is approved by the judge, the case acceptance fee will be fully borne by the plaintiff or appellant.
In administrative litigation cases, if the defendant actively modifies or cancels the specific administrative act, in this case, the plaintiff proposes to withdraw the lawsuit. After the judge approves, the case acceptance fee will be fully borne by the defendant.
《 Measures for Payment of Litigation Costs 》Article 15
If the case is settled through mediation or the party applies for withdrawal of the case, the case acceptance fee shall be paid in half.
Article 34
If the plaintiff or appellant of a civil case applies for withdrawal of the case and the people's court makes a ruling permitting it, the case acceptance fee shall be borne by the plaintiff or appellant.
If the defendant of an administrative case changes or cancels a specific administrative act, and the plaintiff applies for withdrawal of the case, and the people's court makes a ruling permitting it, the case acceptance fee shall be borne by the defendant.
2、 Do you need to pay fees to withdraw the lawsuit
Withdrawal of litigation requires payment of case acceptance fees, which can be paid in half.
In civil cases, if the plaintiff or appellant applies to withdraw the lawsuit and is approved by the people's court, the case acceptance costs shall be borne by the plaintiff or appellant.
For administrative cases, when the defendant changes or cancels the specific administrative act, the plaintiff applies to withdraw the lawsuit and gets the approval of the court, the case acceptance fee shall be borne by the defendant in full.
The specific collection standards of case acceptance fees are as follows:
The first is the property case. According to the amount or value of the claim, we divide it into 10 stages and collect fees in different proportions.
For example, when the amount involved does not exceed 10000 yuan, 50 yuan will be paid for each case;
If it is more than 10000 yuan but less than 100000 yuan, 2.5% will be charged.
Secondly, the charging standard for non property cases, such as marriage cases, is between 50 yuan and 300 yuan per case, but for Division of property The problem is that if the total amount of property does not exceed 200000 yuan, there is no need to pay any additional fees;
If it is higher than 200000 yuan, the excess part shall be charged at the rate of 0.5%.
Besides intellectual property right Civil cases and Labor dispute Cases and other types also have their own independent charging standards.
Finally, it is worth noting that the people's governments of provinces, autonomous regions and municipalities directly under the Central Government can formulate more specific payment standards within the range of fees stipulated in Item 2, Item 3 and Item 6 according to the actual local conditions.
Article 15 of the Measures for Payment of Litigation Costs
If the case is settled through mediation or the party applies for withdrawal of the case, the case acceptance fee shall be paid in half.
Article 34
If the plaintiff or appellant of a civil case applies for withdrawal of the case and the people's court makes a ruling permitting it, the case acceptance fee shall be borne by the plaintiff or appellant.
If the defendant of an administrative case changes or cancels a specific administrative act, and the plaintiff applies for withdrawal of the case, and the people's court makes a ruling permitting it, the case acceptance fee shall be borne by the defendant.
In our daily life, law is an invisible constraint, which not only protects our rights and interests, but also regulates our behavior. Whether at work or in life, we need to fully understand and understand the law in order to better protect our rights and interests. Although the law may seem complex and profound, as long as we are willing to spend time to study and understand it, we can master its basic principles and applications. As the title of this article puts forward, "Does it cost money to withdraw a lawsuit?" Each article is an opportunity to learn and understand the law. We should seize these opportunities to constantly improve our legal literacy, so as to better adapt to social development and change.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
Site Map