Recovery of court costs for the payment of representative services from the plaintiff

The decision to recover court costs to pay for the services of a representative of one of the parties is taken only if the court decided to satisfy the claims. But even if the court did not consider it necessary to recover funds from the defendant, the plaintiff may submit a separate application.

What are the costs

The recovery of legal costs to pay for the services of a representative is due to the fact that considerable sums of money go to the legal process, which means that in case of a win, the plaintiff has the right to compensation.

The Civil Procedure Code of our country says that legal costs can consist of two parts:

Coverage of proceedings
Payment of state duty when filing a lawsuit.

This point is spelled out in article 88 of the above code. If the second paragraph does not raise questions, then the first is a lot of ambiguities. For example, what is considered obligatory to recover court costs for the services of a representative? Now it will understand. Here are some costs that relate to legal costs.

Payment for the services of a representative or a lawyer.
Payment for services of specialists in narrow areas, if they were involved in consultation on the case.
Payment for the work of experts making an opinion on a court ruling.
Payment of expenses incurred by witnesses.
Payment for translation services, if necessary.
Payment of accommodation and travel for third parties involved in the trial.
Compensation of expenses for the actual loss of time. This point is spelled out in article 99 of the Code of Civil Procedure.
Postage incurred in a particular lawsuit.
Other expenses.

As you can see, the recovery of court costs for the services of a representative is just a small part of what the defendant must compensate. But since we are talking about this particular point, we will talk about it.

Important point

A penalty under any of the clauses can be executed only when the case is completed. As a rule, it is the representative’s payment that is the most expensive item. Unfortunately, the Russian judicial practice shows that it is far from always possible to get the full amount. But if you have a goal to return the funds in full, then it is worth preparing very well.

Cost recovery

The recovery of legal costs for the payment of the representative’s services in the agro-industrial complex is due to the fact that people are not able to contact the free representative for some reason. As an option, a private specialist is attracted in order to have a better chance of success. This applies to both individuals and commercial organizations.

It turns out that if this party won the court, then the losing opponent will cover the costs. To return your money, just send a statement to the court that contains the relevant request.

Direct collection takes place in the appeals, supervisory and courts of general jurisdiction. According to the agrarian and industrial complex, recovery of legal expenses for the payment of a representative is possible both from the side of the defendant and from the plaintiff.

To begin the collection process, it is necessary to observe some conditions.

Conditions under which the collection process starts

The recovery of legal costs for the payment of the services of a representative of an individual or organization will be carried out if:

Actual consultation with a lawyer takes place. In this case, there must be a supporting document. A payment document is suitable, which shows that the payment has been made, or a contract is concluded.
Only actual losses incurred are kept. It will not be possible to recover compensation for what needs to be paid subsequently. We repeat that we are talking only about actual fees and services.
Spending should be directly related to the lawsuit. Financial expenses for other needs are not taken into account.
Compliance with a reasonable limit. This means that if you want to receive compensation, then you do not need to inflate the costs. To determine the reasonableness of costs, compare the prices of the same services in other places.

It is important to understand that the losing opponent has the right to challenge the amount of the recovery of court costs to pay for the services of a representative of an individual due to a clear overstatement. By the way, the court itself may reduce the amount or refuse to satisfy the request.

So, we remind you that you can file for a refund within six months after the decision comes into force and during the adoption of the final act.

The final word for the judge

We have already said that the recovery of court costs to pay for the services of a representative under the Code of Civil Procedure of the Russian Federation may not be made in full. In the previous chapter, we also said that the unreasonability of spending could be to blame. Let's dwell on this point in more detail.

First of all, it is worth noting that it is the court that determines the rationality of spending. For this, all the circumstances of the trial are taken into account. But this does not mean that the losing opponent can do nothing. He also has the right to provide evidence that spending is clearly overpriced. As a rule, the court is given information that the winner had the opportunity to save or avoid expenses at all. It turns out that it all comes down to proving the inexpediency of spending.

To make a fair decision, the court takes into account expenses in similar cases and only after that determines the validity of the prescribed amount.

Cost reduction

According to the Code of Civil Procedure of the Russian Federation, the recovery of legal costs for the payment of representative services turns into a kind of competition. This is because losers try to bring down the amount, and winners, on the contrary, increase it. Both parties must submit statements, not unfounded, but supported by evidence.

Often, lawyers advise the winning party to indicate the maximum amount. Although people often do this, judicial statistics are disappointing - collecting a large sum is more an exception than a rule.

By the way, the court may well exclude the payment of a taxi for a lawyer and accommodation from the list of expenses. That is, when a participant in the process uses the services of a well-known lawyer, he must be prepared to bear the costs on his own, especially if there was an opportunity to turn to a lesser-known specialist.

To avoid problems, the courts take an average amount for the category of lawyer services.

Drafting a statement

It does not matter where the recovery of court costs for the services of a representative takes place: in arbitration or in another court, the main thing is that the process will not start without a statement. By the way, the arbitration process allows for the separation of costs between the parties in the event that the requirements are not fully satisfied, but partially.

What should be in the statement?

The address of the court and the name of the court.
Name, patronymic and surname of the applicant, as well as address of residence, email address or telephone. The last two points are necessary so that they can contact you from the court.
Information about the defendant. If the defendant is a legal entity, then it is necessary to indicate the legal form of ownership, the name of the organization and its address. When the opponent is an individual, the address of residence and name, surname, patronymic are indicated.
Mandatory should be spelled out the price of claims.
Below is the name of the document.
It is necessary to make a reference in the application to the number and date of the court decision, which has become positive for the applicant.
The reasons why it is necessary to consider the case of the recovery of court costs for the payment of the services of a representative in the practice of arbitration.
The application should contain references to documents that can confirm the amount paid to the representative. You can use the contract for the provision of certain services.
Legal grounds for making a positive decision on the issue.
Evidence of service. They are the confirmed act of acceptance.
Claims for the recovery of legal costs for the payment of the services of a representative in arbitration. A sample of this column can be viewed on various forums, or you can consult with a lawyer. This point is very important if you want to get the full amount.
List of documents attached as evidence.
Date of application, initials and signature of the applicant.

After considering the application, the court may make one of two decisions:

Refuse reimbursement.
Satisfy partially or fully the requirements.

If one of the parties does not agree with the verdict, she can appeal it legally.

Where to file

The recovery of legal costs for the payment of representative services - under the Code of Administrative Offenses or another code - has a number of nuances, if they are not met, then compensation can not be expected.

For example, the applicant must understand that the application must be submitted to the court where the hearing was held. As soon as the judge receives a request, he compares the amount claimed by the applicant with the amount that is average in such cases and makes a decision. The judge has the right to reduce the required amount, remove some items, or even cancel. The final judgment can only be appealed.

In a situation where opponents have entered into an amicable agreement, all important points in recovering court costs for paying for the services of a representative from the plaintiff or defendant should be agreed in advance. If this does not happen, the court will not consider the application.

What is the result?

The application is filed, the judge ruled, and then what? And then the losing side is obliged to reimburse all expenses. It is important that the opponent will reimburse only the amount that the court established. It turns out that from the time the decision comes into force, it can already receive compensation. In case of refusal or evasion of fulfillment of obligations, the second party may apply to the court with a new statement.

Terms and procedure for collection

The recovery of legal expenses for the payment of the representative’s services - according to the agribusiness procedure of the Russian Federation - in the case of a positive decision, will depend on when the applicant filed the application. Why is that? The reason is simple: an application can be filed during the consideration of the case and then the decision on recovery will be made together with the decision on the case. You can apply for recovery of court costs to pay for the services of a representative in the RF agribusiness sector (a sample can be obtained from the same lawyer who helped with the case) immediately after the verdict is issued. This must be done quickly, before the court ruling takes effect.

As a rule, in this case they are guided by the Code of Civil Procedure, or rather, article 201. According to this article, the judge has the right, together with the main decision, to make an additional one, which, in particular, concerns compensation. By the way, a judge can, on his own initiative, oblige the losing side to compensate for the losses.

If there is a need to make a permit, the court session is held again. Parties are assigned a time and date in advance.

Since everything is more or less clear with this moment, we will move on to frequently asked questions.

What are they asking

As you already understood, the recovery of court costs for the payment of the representative’s services under the civil procedure is carried out in accordance with a previously known procedure. But sometimes there are special situations or people just fill up the gaps in knowledge, but nonetheless questions are asked. Here are the most popular ones.

Can I file a claim with the plaintiff? We have already mentioned that according to the law of our country, the losing side reimburses expenses, but the law is one thing, and practice is another. If we consider judicial practice, then this happens extremely rarely. You can recover funds spent on a representative from the plaintiff if the latter presented unlawful claims and a court decision was made in favor of the defendant, who can also apply for reimbursement of expenses.
Are these costs recoverable by court order? The constitution of our country guarantees assistance to every citizen in legal matters. This applies to any field, even the preparation of documents that serve as the basis for a court order. As for the practical application of the principle, unfortunately, it is not always satisfied. The decision of the court is affected by the composition of the case, and therefore each case is considered individually. Why, then, such statistics? The fact is that in such cases the amounts are insignificant, so the judge more often rejects the application than satisfies it.

As you can see, most often judges do not rely on practice in such cases and consider each case separately.

Some tips for the losing side

Here we are all discussing how to recover legal costs to pay for the representative office of the civil defense company on time, but do not give advice to the other side of the process, but in vain. It is not uncommon for applicants to become too impudent. In this situation, the opponent has to fight back with all his might. Recall in which situations the losing party may dispute the costs of the claim of the plaintiff or defendant.

In disputes with an entrepreneur or organization. If the other party was a lawyer, manager or other employee of the company, then the second party will not have to pay the costs. This is due to the fact that these people performed their immediate duties and received a salary for this. The bonus, salary and other bonuses for participating in the process are not refundable.
During the process with the citizen himself. The reason for this is that a person cannot render a service to himself.
The second party is the spouse. In such a situation, there is an exception: if the spouse provided representation services as an entrepreneur. Then the spouses must conclude a marriage contract, according to which the income is separate property.

If everything is clear with these points, then let's move on to the list of situations when the payment is absolutely legitimate.

The representative of the citizen has no legal education. This also includes the situation when an organization does not have legal services in its activities.
The individual is a relative.
The organization is represented by its member.
A representative was hired, while the other side has its own lawyer or legal service. If the other party has a law degree, then the claim for compensation is justified.

There are times when the winning party tries to squeeze the maximum out of the penalty. In such a situation, one must be able to distinguish expenses that are not related to the consideration of the case from all others. These include:

Pre-trial expenses. The rule only works if the opponent has put them on the collection list. This category includes giving an opinion on the prospects of the case, drawing up a pre-trial claim and so on.
Travel expenses to court by public transport or taxi. Even if these points are spelled out in the contract with the representative, the second party is not obliged to reimburse them.

Conclusion

In conclusion, I want to say that the hearing is full of surprises. In such cases, you should not pay attention to judicial practice, as judges approach each case individually. The idea populated in the heads of the population that the defendant could not return the money spent on the trial, but as we have seen, this is not so. It all depends on who wins the case.

There are all kinds of people: someone adequately draws up a statement and indicates the real amount, while the other tries to grab as much as possible. To prevent this from happening to you, remember all the rules regarding justifiable compensation. Well, if you win and make the application yourself, then do not lose your sense of proportion. After all, a judge can simply reject a statement with inflated expenses, and then you will not receive anything.

Yes, the judicial system in our country is still imperfect, but much more important is how people are configured. As soon as the idea of objectivity and justice of the court is rooted in the heads of the population, many problems will disappear. And you just need not to become impudent and objectively evaluate your innocence.

Remember: man is friend to man, not enemy. For this reason, try to remain people even in court, then all disagreements will be resolved in a civilized manner, and litigation will not last for years.