Court fees concerning Small Claims procedure

Find all the information concerning fees, available means to pay, post-payment actions, etc. when using the European Small Claims procedure in each Member State.

Are you about to use the European Small Claims procedure? If so, please note the applicable court fees. You will find all the information concerning fees, available means to pay, post-payment actions, etc. by selecting one of the flags listed on the right hand side.

Last update: 18/01/2019

This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice with regard to copyright rules for European pages.

Court fees concerning Small Claims procedure - Ireland

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

Part 9 of S.I. Number 22 of 2014 refers to the payment of Court Fees on documents specific to the Small Claims procedure. Part 2 of S.I. Number 22 of 2014 refers to the payment of Court Fees in District Court Civil Proceedings and that are common to both areas.

The Courts Services Online (www.csol.ie) has also recently introduced online services allowing you to create, review, pay for and advance claims including small claims upon creation of an account. The system is open to all individuals and legal firms.

What fees are applicable?

Payment of fees is required when submitting the following documents in relation any Small Claims Applications with the Small Claims Registrar:-

  1. On lodging the initial Application.
  2. On lodging a Notice of Dispute with a Counterclaim.
  3. *** On lodging a Notice of Motion to Set Aside Judgment.
  4. *** On lodging a Notice of Appeal to the Circuit Court.
  5. *** On the issue of a Summons in the nature of Subpoena Ad Testificandum or Duces Tecum (Witness Summons)

*** These documents are not stated in Part 9 of S.I. Number 22 of 2014 but are stated under Part 2 of S.I. Number 22 of 2014.

How much shall I pay?

Item

(1)

Fee

(2)

Document to be stamped

(3)

On lodging an application with the Small Claims Registrar

€25.00

The Application or Court Fee Card

On lodging a Notice of Dispute with a Counterclaim with the Small Claims Registrar

€25.00

The Notice or Court Fee Card

On lodging a Notice of Motion to Set Aside Judgment

€15.00

The Notice or Court Fee Card

On lodging a Notice of Appeal to the Circuit Court

€25.00

The Notice or Court Fee Card

On the issue of a Summons in the nature of Subpoena Ad Testificandum or Duces Tecum (Witness Summons)

€15.00

The Original Summons

What happens if I do not pay the court fees on time?

If the Court Fee is not paid on the Application the document is returned to the Claimant and payment is requested.

If the Court Fee is not paid on the Notice of Dispute with a Counterclaim the document is assessed to see if the Respondent has a valid Counterclaim. If YES the document is returned to the Respondent and payment is requested. If NO the document is returned to the Respondent, explaining why it is not a valid Counterclaim. A new Notice of Dispute form is made available for the Respondent to complete and return to the Small Claims Registrar.

If the Court Fee is not paid on the Notice of Motion to Set Aside Judgment within the time frame allowed the presiding Judge will be advised of this fact on the date of the Application. A Decree may issue for the attention of the Sheriff to enforce on foot of the original Judgement granted in Default. .

If the Court Fee is not paid on the Notice of Appeal to the Circuit Court the file will not be forwarded to the Circuit Court. A Decree may issue for the attention of the Sheriff to enforce on foot of the original Decree granted in Court.

If the Court Fee is not paid on the Summons in the nature of Subpoena Ad Testificandum or Duces Tecum (Witness Summons) the Summons will be invalid.

How can I pay the court fees?

Fees can be paid in any District Court Stamping Office by the following methods:

Cash or a cheque / postal order / bank draft made payable to the Chief Clerk

Fees can also be paid by sending a cheque / postal order / bank draft made payable to the Chief Clerk to the relevant District Court Office.

What shall I do after the payment?

When making payment in a Stamping Office of the District Court retain the receipt received from the Court Officer and lodge the stamped document(s) with the Small Claims Registrar.

When sending the payment via cheque, postal order, bank draft made payable to the Chief Clerk, retain a photo copy of the payment method & the original certificate of posting. This will be necessary as evidence if the Court requires proof of payment.

When the Small Claims Office receives payment for any document the office will have the document stamped and will retain the receipt for the fee paid on file.

Last update: 08/11/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Court fees concerning Small Claims procedure - England and Wales

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

A claimant is able to use the European Small Claims Regulation to take an action up to a sum of 2,000 Euros (excluding all interest, expenses and disbursements) against a defendant in a cross border case. A cross border case is where at least one of the parties is domiciled or habitually resident in a Member State other than a Member State of the court where the action is brought. The procedure can be used for both money and non-money claims in both civil and commercial matters. In England and Wales proceedings may be issued in the County Court but not in the High Court.

What fees are applicable?

Court fees for the European Small Claims Procedure are the same as those for the domestic small claims.

Payment of court fees is required in order to make an application for a European Small Claim. If you wish to pay by debit/credit card the relevant card details should be provided in the Appendix to “European Small Claims Procedure, Form A”.

In cases where a hearing is necessary to determine the dispute a hearing fee will also apply.

Should there be a need to enforce a claim a further court fee will be required. More details on the types of procedures available can be found on the enforcement pages for England and Wales.http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf

How much shall I pay?

Court fees in England and Wales can be found in leaflet Link opens in new windowEX50 - Civil and Family Court Fees

For ease of reference, the small claim fees in the table below are correct as of 17 November 2016. Court fees are subject to change, so you should always check with the court, legal representative and any other individuals or organizations who are involved that an amount is still the current fee. These fees are in pound sterling (GBP), to calculate the equivalent in Euros a conversion must be applied on the day you wish to make the application.

1.1 On starting proceedings (including proceedings issued after permission to issue is granted by excluding CCBC cases brought by Centre users or cases rough by Money Claim OnLine users) to recover a sum of money where the sum claimed:

Fee payable (£)

(a) Does not exceed £300

£35

(b) Exceeds £300 but does not exceed £500

£50

(c) Exceeds £500 but does not exceed £1,000

£70

(d) Exceeds £1,000 but does not exceed £1,500

£80

(e) Exceeds £1,500 but does not exceed £3,000

£115

On proceeding to a hearing a further fee is payable.

A fee payable for the hearing of a case on the small claims track where the sum claimed:

 

(i) Does not exceed £300

£25

(ii) Exceeds £300 but does not exceed £500

£55

(ii) Exceeds £500 but does not exceed £1,000

£80

(iii) Exceeds £1,000 but does not exceed £1,500

£115

(iv) Exceeds £1,500 but does not exceed £3,000

£170

If you wish to enforce the claim a further fee is payable.

You have to pay a court fee to make an application to the court and pay further court fees at different stages of the court case. You may qualify for a “fee remission” (depending on your personal circumstances) which means that you may not have to pay a court fee or only have to pay part of it. However, you have to apply for a separate remission for each fee payable throughout the court process. So, for example, applying for a remission when the first application is made would only give you the remission for that first “issuing” fee. This is because your personal circumstances might change during the court action, and you might no longer be eligible for a remission later in the case. Or you might become eligible for a fee remission during the case.

What happens if I do not pay the court fees on time?

If the claimant fails to fill in the relevant credit card details correctly or the payment fails for some reason, the court dealing will send Form B “Request by the court or tribunal to complete and/or rectify the claim form” to the claimant requesting that details of a valid credit card be provided to enable payment of the court fees. The application will not be taken any further if correct payment is not received.

How can I pay the court fees?

Payment of the court fee is made by providing correct payment details to the court. Initially this should be done by providing relevant details in “European Small Claims Procedure, Appendix to Form A”.

Payment is usually made by debit/credit card. Not all methods of payment in Form A are likely to be available at the court to which the application is being made. The claimant should contact the court and verify which method of payment can be used.

It may also be possible to pay using a credit card over the telephone. Many courts have facilities for taking card payments in this manner, but the relevant court should be contacted first to confirm payment can be made in this way.

Electronic payment can only be brought against someone with a UK address.

What shall I do after the payment?

If the application has been made correctly, the court will serve the claim form (with any accompanying documents) together with the European Small Claims Procedure Answer Form (Form C) on the defendant. A notice of issue will be sent at the same time to the claimant, together with a receipt of the payment transaction.

The receipt will typically be 8 x 12 cm and have the name of the court at the top with its postal address, and the amount paid with the date and time of payment at the bottom.

For more information please see Link opens in new windowEuropean Union cross-border claims

Last update: 06/12/2016

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Court fees concerning Small Claims procedure - Northern Ireland

There are no fees applicable at this time

Last update: 10/04/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Court fees concerning Small Claims procedure - Scotland

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

In Scotland court fees for European Small Claims are regulated by the:

  • Sheriff Court Fees Order 2018, Scottish Statutary Instrument Number 2018/481, as amended by;
  • Sheriff Court Fees Amendment Order 2018, Scottish Statutory Instrument Number 2018/194.

Schedule 2, Part II, Numbers 16 and 38 apply to European Small Claims from 1 April 2019.

Schedule 3, Part II, Numbers 16 and 38 apply to European Small Claims from 1 April 2020.

Electronic payment of fees is not possible.

What fees are applicable?

Lodging of a European Small Claim in Form A of the EU Regulation 861/2007 at court requires payment of one fee which covers all court procedures.

The cost of service of the papers by post is included but there may be an additional fee if service by sheriff officer on the defender is required.

There is no fee for lodging a response to the claim in Form C.

Representation by a solicitor is not usually required and the fee does not include any solicitors’ fees.

How much shall I pay?

The current fee for lodging a European Small Claim at court for:

  • sums of money of £300 or 250 Euros or less require payment of a fee of £19 sterling
  • in all other European Small Claims a fee of £104 sterling.

The additional fee for service of papers on the defender by sheriff officer is an administrative fee of £13 plus the cost of the sheriff officer’s service.

In terms of article 8 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument Number 2018/481, as amended, a party may be entitled to fee exemption, for example if they are entitled to certain state benefits, or entitled to civil legal aid.

What happens if I do not pay the court fees on time?

The court does not accept the application, and is not required to do anything without a fee being paid, in terms of paragraph 3 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument Number 2018/481, as amended.

How can I pay the court fees?

Court fees can be paid by:

  • Cheques - made payable to "The Scottish Courts and Tribunals Service"
  • Debit Card & Credit Card - please check which types of card are acceptable with the appropriate court and if payment can be made by telephone.
  • Postal Order - made payable to "The Scottish Courts and Tribunals Service"
  • Cash - if paying by post it is not advisable to make cash payments

What shall I do after the payment?

The court accepts the lodging of the application papers in Form A of the EU Regulation 861/2007 with the payment.  The papers and payment should be brought or sent to the court at the same time. The court will then give or send out Form B, or Form 1 or serve Form A on the defender, as the next step in the process. No payment evidence is required.

Last update: 24/04/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.