RELEASE AND DEFERMENT OF THE PAYMENT OF THE OFFICIAL FEE ON CIVIL CASES

ECOVIS Miškinis, Kvainauskas ir partneriai advokatų kontora

(Continued from last issue)

Code of Civil Procedure of the Republic of Lithuania also provides that the obligation to pay  the official fee could be released for persons that have a difficult financial situation. The court, while taking into consideration the person’s material situation, could award the release of the particular person from the obligation to pay the part of official fee. The persons in this situation shall take a reasoned request to release them from the payment of part of the official fee. Proof confirming the grounds of the request must be annexed to the petition. Such proof can be obtained by a statement of earnings, extracts from bank accounts, various statements about high personal costs. Legal persons as proof to the court could offer their financial accounting documents, accounting statements, settlement with the creditors’ sheets.

Code of Civil Procedure of the Republic of Lithuania provides that the court could not only release the payment of the official fee, but also to defer the obligation to pay the official fee. The court, while taking into consideration the person’s material situation, prior to making a judgment shall be entitled to defer payment of the official fee. A petition to defer payment of the official fee must be reasoned. Proof proving the necessity of deferring the official fee must be annexed to the petition.

Therefore Code of Civil Procedure of the Republic of Lithuania provides the opportunity in some situations to fill the claim without payment of official fee or part of this fee.