Many people who receive a summons or petition wonder: "What does a lawsuit actually cost?" In addition to attorney fees, court fees and procedural costs also play an important role. In this article, we explain step by step what costs you can expect when you have to litigate.
What are court fees?
Court fees are the mandatory costs you pay to the court to start or participate in legal proceedings.
Both the plaintiff (the party initiating the proceedings) and the defendant (the party who must defend) pay court fees.
The amount of court fees depends on:
the type of proceedings (subdistrict court, district court, court of appeal),
the amount of the claim,
whether you are a private individual or a business.
For private individuals, court fees are usually lower than for businesses.
How high are court fees?
A few examples (amounts are set annually by the government, indicative):
At the subdistrict court (cases up to € 25,000): a few dozen to a few hundred euros.
At the district court (civil cases): often between € 200 and € 500 for private individuals.
On appeal or cassation: usually higher court fees.
Cannot afford the costs? In some cases, you may qualify for subsidized legal aid or exemption from court fees.
What are procedural costs?
In addition to court fees, there are procedural costs. These are costs that the judge imposes on the losing party, such as:
The court fees of the winning party.
A compensation for attorney costs (fixed rate, so not always the full costs).
Bailiff costs for serving the summons.
The losing party usually pays (part of) the procedural costs of the opposing party.
Attorney costs
In many proceedings, an attorney is mandatory, such as at the district court or on appeal.
Attorney costs vary per case.
Sometimes your legal expenses insurance covers (part of) the costs.
If you have insufficient income, subsidized legal aid may be a solution.
Practical examples
Example 1 (debt collection): A private individual lost a case of € 2,000. In addition to the amount, he also had to pay the court fees and € 500 in procedural costs to the opposing party.
Example 2 (employment): An employee won a dismissal case. The employer had to pay not only the transition compensation but also the employee's procedural costs.
Example 3 (rent): A tenant was convicted by default. He had to pay the overdue rent, the landlord's court fees, and the bailiff costs.
Checklist: what to keep in mind?
You always pay court fees (unless exemption is possible).
If you lose, you also pay the other party's procedural costs.
Take attorney costs into account in addition to court fees.
Ask about options for legal aid or a payment arrangement.
Discuss with your attorney whether the case is worth the costs.
Common mistakes
Thinking that only the losing party pays court fees (every party pays them).
Forgetting that bailiff costs also fall under procedural costs.
Not accounting for higher costs on appeal or cassation.
Litigating unnecessarily without any chance of success.
Frequently asked questions (FAQ)
1. Do I always have to pay court fees?
Yes, unless you can obtain an exemption due to low income.
2. Does the losing party always pay the procedural costs?
Usually yes, but the judge may also divide the costs.
3. How much does an attorney cost on average?
That varies per case. Sometimes legal aid or subsidized legal aid can help.
4. Are court fees the same as procedural costs?
No, court fees are paid to the court; procedural costs are the (additional) costs that the losing party must pay to the opposing party.
5. What happens if I cannot pay?
Your attorney can investigate whether you can apply for exemption or subsidized legal aid.
Why Arslan Advocaten?
Clear advice on costs and risks of litigation
Transparent fee agreements with clients
Assistance in applying for subsidized legal aid or legal aid through insurance
Guidance in all phases of the proceedings
Conclusion
Litigation always costs money, but the amount of costs depends on the case and the outcome. With the right guidance, you can avoid surprises and know exactly where you stand.