Court fees can be an obstacle for many people and companies to exercise or protect their rights. That is why Slovak law provides for an exemption from court fees to ensure that even those who cannot afford the fees due to their financial, social or financial circumstances can go to court. As a rule, the exemption must be applied for and the court then assesses whether the statutory conditions are met, in particular whether the application of the right is arbitrary or manifestly unsuccessful. In this legal article from Highgate, we look at who can apply for an exemption from court fees, when it can be granted in full or only in part, what documents should accompany the application and what to look out for in practice. We will also explain the difference between an exemption granted by the court and cases where the exemption arises directly from the law. The topic is important not only for ordinary citizens, but also for entrepreneurs, employees or legal entities that are considering litigation and need to know what costs they can expect.
A court fee is a statutory payment that is made for certain proceedings or acts of the court. Typically, this includes, for example, the filing of an action, a petition, an appeal, an appeal in cassation, a complaint in cassation, or a request to perform a particular act. Fees are levied in accordance with Act No 71/1992 Coll. on Court Fees and the scale of fees annexed thereto. As a rule, the obligation to pay the court fee arises from the filing of the application or claim with the court. In some cases, it may also arise from the filing of a memorandum before the court, the issue of a decision on inheritance or the entry into force of a decision by which the court imposes an obligation to pay the fee. If the fee is not paid immediately upon filing, the court will usually require the fee to be paid within a specified period of time. Failure to pay the court fee may have serious consequences, such as the dismissal of the proceedings, unless the law provides for an exception or the person or proceedings are exempt from the fee.
Not everyone who has financial problems may be exempt from court fees. Slovak law knows several situations when the fee is not paid at all or when the court decides to waive the fee. In practice, three forms of exemption are most commonly encountered: exemption directly by law, exemption granted by the court and exemption in connection with legal aid provided by the Legal Aid Centre.
With a statutory exemption, a person does not have to specifically convince the court that he or she does not have the money to pay the fee. The exemption comes directly from the Court Fees Act. This means that if a particular proceeding or a particular person falls under a statutory exemption, the court fee is not payable.
In particular, the law distinguishes between two types of statutory exemption.
Example: when a parent files a petition for child support, it is not a regular action for money. The law favors this type of case because it is about protecting the child and providing for his or her basic needs.
Importantly, the statutory exemption in some cases also applies to other stages of the proceedings, such as appeal, appeal, retrial, cassation complaint, execution or execution. However, this does not automatically mean that one will never have to bear any other costs of the proceedings. Court fees are only one part of the costs associated with litigation.
The second option is acquittal, which is decided by the court itself. This is used when a person or company does not fall within the statutory exemption, but the payment of a court fee would be disproportionately burdensome given their circumstances.
For example, a person files a lawsuit and the court fee would be several hundred euros. If he has a low income, pays rent, takes care of children and has no savings or assets, he can ask the court to exempt him from the fee. However, the court will want to see the documents, it is not enough just to make a general statement that I have no money. When applying for an exemption, it is therefore advisable to include, in particular, proof of income, benefit or pension decisions, bank statements, evidence of housing, loans, children’s expenses, medical expenses and, where appropriate, a schedule of assets. The more specifically the circumstances are proven, the easier it is for the court to assess whether an exemption is justified.
The third situation is the exemption related to legal aid provided by the Legal Aid Centre. This is a state institution that helps people who cannot afford a lawyer due to lack of funds. The Centre can provide legal advice and, in some cases, representation in court through a designated lawyer or a member of the Centre’s staff.
For example, if a person is litigating a case, does not have sufficient income, does not have the assets to pay for a lawyer, and their case is clearly not unlikely to succeed, they can apply to the Legal Aid Centre. If the Centre grants the claim, it may be relevant not only to securing a lawyer but also to the waiver of court fees. It is important to think about deadlines when seeking legal aid. The application to the Legal Aid Centre should be made in good time, ideally before the claim is lodged or before the time limit for an appeal or other procedural action has expired. If a deadline is likely to be missed, the law also allows you to apply for interim legal aid.
So, for the average person, the most practical thing to do is to ask three questions: is my case one of the cases directly exempted by law, can I prove to the court that I am unable to pay the fee because of my circumstances, or can I apply to the Legal Aid Centre? The answer to these questions will often determine whether the court fee will have to be paid immediately, whether it will be possible to apply for a waiver, or whether the fee will not be paid at all.
Court fees are not payable where this is directly provided for by law. In such a case, it is not a waiver of legal fees on application, but a statutory exception. Thus, a person does not have to specifically prove his income or assets as in the case of an exemption granted by a court. However, two situations must be distinguished. Sometimes the entire proceeding is exempt from the fee, for example, a proceeding in a court custody case involving minor children. Other times, only a particular person is exempt, such as a plaintiff in a particular type of litigation. Act No. 71/1992 Coll. regulates these cases in particular in § 4.
A number of proceedings concerning children, their protection and a person’s personal status are exempt from the court fee. For example, the law specifically mentions proceedings for the appointment of a guardian, custody of minors by the court, return of a minor to a foreign country in the event of wrongful removal or detention, adoption proceedings and permission to marry. Legal capacity proceedings are also exempt from the fee.
In practice, this means that the fee is generally not payable, for example, in applications relating to the custody of a child, the modification of parent-child contact, decisions on parental rights and obligations or certain adoption proceedings. The purpose of this exception is not to complicate the decision on the child by requiring the parent or other entitled person to pay a court fee first. Beware, however, not every family law case is automatically fee-free. For example, divorce proceedings themselves have their own fee regime. Just because the divorce proceedings also deal with minor children does not mean that every divorce-related act is fee-free.
Court fees are also not payable by law in a number of cases involving social security, benefits, health insurance or health care. The law includes among the exempted proceedings the matters of health insurance, social insurance, social security for police officers and soldiers, old-age pension savings, supplementary pension savings, state social benefits, social benefits and allowances, assistance in material need, allowances to compensate for severe disabilities, disability cards, parking cards, social services, active labour market measures and the provision of health care. For an ordinary person, this may mean, for example, a dispute over a pension, sickness benefit, unemployment benefit, material hardship allowance, carer’s allowance, a severely disabled person’s card or a health care-related claim. If the case falls into one of the statutory categories, the court fee is not payable because it is a statutory exemption, not because the court first examines the claimant’s financial situation. However, here too it is important to consider the particular type of proceedings. Not every dispute that appears to a person to be social or health related must automatically fall within the statutory exemption. What is critical is whether the particular case falls within the language of the statute.
Certain public law and administrative cases are also exempt from court fees. For example, the law specifically mentions election matters, actions against the failure of a public authority to act, competence actions and inspection consent proceedings. Of particular practical importance to ordinary people is the action against the inaction of a public authority. This can be a situation where an authority fails to act, fails to decide or fails to deal with a matter for a long period of time when it should have done so under the law. In such a case, the law allows you to apply to the administrative court without paying a court fee for this type of proceedings. The law also exempts certain persons in specific administrative cases. For example, the plaintiff in an administrative action in asylum, detention and administrative expulsion cases is exempt from the fee. Similarly, members of the armed forces and security forces are also exempt in certain proceedings where the administrative action is against decisions of the service authorities relating to termination of service and related claims. It is therefore not the case that every action against the authorities is automatically free of charge. The exemption applies only to those administrative or public law matters which the law expressly mentions.
Exemptions that protect people in vulnerable life situations are particularly important. The law exempts proceedings in matters of mutual maintenance between parents and children. In addition, the plaintiff is exempted from the fee in proceedings for the establishment of maintenance, in proceedings for its increase, in proceedings for the application of interest for late payment of maintenance and also in proceedings for the recognition or declaration of enforceability of a foreign maintenance decision.
This can be very important for the employee. For example, if he is defending against an unfair dismissal or pursuing claims arising from a terminated employment relationship, the court fee may not be an obstacle to his access to court. Conversely, if the action were brought by the employer, the statutory exemption for the employee would not apply.
If a person or company is not exempt from court fees directly by law, they can still apply to the court for an individual exemption. However, the court will not automatically grant the exemption. You need to file a motion and explain why paying the fee would be unreasonable in light of your financial, property or social situation.
An application for exemption from court fees shall be submitted to the court which is to decide on the case or which is already conducting the proceedings. It may form part of an action, application, appeal or other submission for which a fee is payable. It may also be lodged separately, in particular where the court has already ordered a party to pay the court fee. It is not enough to state in the application that the fee-payer has no money. The court needs to see specific details and documents. In particular, it assesses whether the party can realistically pay the fee without making it impossible or significantly more difficult for the party to access the court.
It is best to file the application for exemption from court fees together with the application for which the fee is to be paid. Typically, this will be a statement of claim, a statement of claim, an appeal or other procedural action. The court knows from the outset that the fee payer is asking not to have to pay the fee at all or to pay only part of it.
In practice, a simple rule applies: the application should be filed as soon as possible, ideally before the deadline for payment of the court fee has passed. Waiting until the last minute can unnecessarily complicate the situation.
The application for exemption from court fees should be specific, clear and supported by documents. It should make clear not only the conclusion that the fee payer is seeking an exemption, but also the reasons for which it is sought.
In the case of a company or other legal entity, in particular its economic situation must be described. Important may be revenues, costs, profit or loss, bank account balances, receivables, payables, assets, debts, liquidity and overall ability to pay the fee. It is not enough just to write that the company is making a loss. It is necessary to explain why it does not currently have a realistic ability to pay the fee.
The proposal should also include information on the amount of the court fee, if known by the payer. If the court has already sent a demand for payment, it is advisable to refer to it explicitly in the application. If the amount of the fee is not yet clear, it may be stated that the applicant is applying for exemption from the court fee incurred in the proceedings.
At the end of the motion, there should be a clear draft statement, for example, I request that the court grant me a full waiver of court fees. In the case of a partial exemption, for example: I request that the court grant me an exemption from court fees to the extent of 80 %. The application must be signed and accompanied by relevant evidence.
Annexes are often decisive when applying for exemption from court fees. It is not only the allegations that are considered by the court, but more importantly whether they are proven. If the applicant does not substantiate his or her circumstances, the court may not have sufficient grounds to grant the exemption.
For a legal entity, accounting and financial documents are particularly important. The company may include financial statements, balance sheets, profit and loss accounts, tax returns, a summary of accounts payable and receivable, bank statements, a list of assets, proof of accounts payable, or other documents that show its current ability to pay the fee.
The Ministry of Justice of the Slovak Republic publishes forms for documenting the circumstances of natural and legal persons. In practice, it is advisable to use these forms, because the court will find in them the data it normally needs when deciding on exemption. However, a completed form may not be sufficient in itself if it is not accompanied by documents confirming the information provided.
The most common error is a general suggestion without evidence. The sentence I am in a bad financial situation is usually not enough for the court. It is better to briefly but specifically describe income, expenses, assets and liabilities and attach documents showing this. The more clearly the situation is shown, the easier it is for the court to assess whether the conditions for exemption are met.
Yeah. The court may refuse an application for exemption from court fees if it concludes that the applicant’s circumstances do not justify exemption. In other words, it is not enough to simply make an application. The applicant must show the court that the payment of the fee would be unduly burdensome for him in view of his financial, property or social situation.
For companies, the courts often assess applications more strictly. A mere loss, a low account balance or a temporary cash shortage does not automatically mean that a company should be exempted from the fee. The company must demonstrate its overall economic situation, not just make a general claim that the business is currently unviable.
If the court rejects the application, the fee obligation is not, as a rule, extinguished. The applicant must expect to have to pay the court fee, possibly to the extent that the exemption has not been granted. Failure to pay the fee, even after the court’s request, may have procedural consequences, including dismissal of the proceedings where the law allows it. It is therefore important to make the application thoroughly the first time. In civil litigation, a decision not to grant exemption from court fees cannot generally be seen as a routine decision which is automatically appealed. It is all the more important that the application is specific, comprehensible and supported by relevant annexes.
Yeah. The fact that a court once grants an exemption from court fees does not mean that the exemption must be maintained in all circumstances until the end of the proceedings. If it later turns out that the circumstances of the party do not justify the exemption or did not justify it at the time it was granted, the court may withdraw the exemption.
This may be the case, for example, if the financial situation of a party improves significantly during the proceedings. The person finds a well-paid job, acquires property, receives a larger sum of money, sells a property or otherwise changes his or her circumstances. In such a case, the court may conclude that the continued existence of the exemption is no longer justified.
The situation is even more serious when it turns out that the applicant has not provided true or complete information when making the application. For example, if he or she has concealed income, bank accounts, real estate, a vehicle, a business or other substantial assets, the court may also retroactively revoke the exemption.
Retrospective deprivation means that the case can be viewed as if the exemption to the relevant extent should not have been granted. This may have an unpleasant consequence for the party: he may have to pay the court fee from which he was originally exempted.
Therefore, a simple rule applies: true, complete and up-to-date information must be provided in the exemption application. If circumstances change significantly during the course of the proceedings, it is advisable to take account of this change and, if necessary, to notify the court of it. The purpose of the exemption is to help those who cannot realistically pay the court fee, not those who purposely misrepresent their circumstances.
Court fees are not just about the start of proceedings. Fees may also be payable later, for example on appeal, appeal, application for a retrial, appeal in cassation or enforcement and execution. It is therefore important to know whether the exemption also applies to these other stages.
With statutory exemptions, if a statute exempts a particular proceeding or a particular person in the underlying proceeding, in many cases that exemption also applies to an appeal, an appeal, an action for a retrial, a cassation complaint, an execution or an execution. However, this does not mean that every appeal or every execution is automatically free of charge. The decisive factor is whether it is the case or the person to whom the statutory exemption applies.
In the case of an individual exemption granted by a court, the extent to which it has been granted must be monitored. The court may grant relief in full, in part or only in relation to a particular charge. If it is not clear whether the exemption extends to another procedural step, such as an appeal or leave to appeal, it is advisable to apply expressly for exemption at that stage as well.
The appeal may be subject to a separate fee. As a rule, the person who lodges the appeal shall be the fee-payer in the appeal proceedings. However, if the person or proceeding is exempt from payment of the fee by law and the law extends that exemption to the appeal, no fee shall be payable for the appeal. An example would be where an employee is appealing in an individual employment dispute in which he or she is exempt as a claimant from court fees. Similarly, there may be some child support, minor children, or other statutorily exempt cases. If a person is not exempt by statute, but does not have the means to pay the appeal fee, he or she may also apply for an individual exemption when filing an appeal. In this case, he should again explain his circumstances and attach supporting documents, especially if he has not yet submitted them to the court or if his situation has changed. In practice, it is advisable to include the application for exemption directly in the notice of appeal or to file it together with the notice of appeal as a separate submission. The sooner the issue of the fee is resolved, the less risk there will be that the fee liability will impede further progress in the proceedings.
An appeal is an extraordinary remedy and is assessed separately in respect of fees. The appellant, i.e. the appellant, is the fee-payer. In the case of an appeal, it must be taken into account that the court fee may be higher than in the case of an action or an appeal, since the law provides for an increased rate in the case of an appeal. If a party is exempted from court fees by law and this exemption also applies to an appeal, no appeal fee is payable. However, if it is an individual exemption according to the circumstances of the party, the scope of the particular decision of the court must be looked at. It is not always safe to automatically assume that an earlier exemption also covers an appeal. If the appellant does not have the means to pay the appeal fee, he should apply for an exemption at the latest when the appeal is lodged. The application should state the current circumstances, as a long time may have elapsed since the proceedings began and the financial situation of the party may have changed. It is also important to bear in mind other procedural conditions when lodging an appeal, in particular the obligation to provide legal representation where the law requires it. The exemption from court fees addresses only the fee payable to the court, not automatically all the costs of the appeal.
Exemption from court fees may be relevant even after the end of the litigation. If one obtains a judgment but the other party does not voluntarily comply, it may be necessary to deal with enforcement or execution. Fees may be incurred at this stage as well. If it is a statutory exemption, which by law also applies to enforcement or execution, the beneficiary does not have to pay court fees even at this stage. This can be particularly important for sensitive matters such as maintenance or other claims where the law protects the beneficiary. However, particular care should be taken in the case of execution. There are special rules on the payment of court fees in execution proceedings. In a petition for execution, the payment details are communicated automatically and the court does not have to call on the beneficiary to pay as in some other types of proceedings. If the fee is not paid within the time limit, the application may be disregarded, except in the case of a beneficiary who is exempt from paying court fees. It is therefore advisable to make it clear at the time of the application for enforcement if the beneficiary is deemed to be exempt from court fees. If the exemption arises from the law, the reason should be indicated. If the beneficiary has an individual exemption decision, it should be attached or brought to the attention of the court.
Exemption from court fees and reimbursement of court fees are two different legal institutions. They differ in particular as to when they apply and the financial consequences for the party to the proceedings.
In the case of an exemption from court fees, the question is whether the party to the proceedings has to pay the fee at all or only partially. The exemption may arise directly from the law, for example in certain types of proceedings or for certain persons. In other cases, it may be granted by the court on application by a party if his financial, social or income circumstances so justify. Importantly, the exemption is usually granted before the payment of the court fee. If the conditions are met, the party shall not pay the fee at all or only to the extent determined by the court.
The situation is different when the court fee is refunded. The fee has already been paid, but subsequently a fact occurs to which the law relates the full or partial repayment of the fee. This may be the case, for example, where the fee has been paid without obligation, where it has been paid in a higher amount than was necessary or where there is a procedural step where the law allows the fee to be refunded. Typically, this may be, for example, the withdrawal of a claim, the discontinuance of proceedings or the approval of a settlement if the statutory conditions are met.
However, it should be borne in mind that in many cases the court fee refunded is not fully refunded. The law may provide for a reduction, so a party may not get back the full amount paid.
If you don’t have the money to pay the court fee, you can apply to the court for a waiver of the court fee. It is advisable to make the application as soon as possible, ideally together with the action, application, appeal or other submission for which the fee is payable. The application should explain why you are unable to pay the fee and include evidence of income, expenses, assets and liabilities. It is not enough just to say in general terms that you are in a bad financial situation. The court needs to see specific details and evidence to prove your inability to pay the fee.
Not always. Unemployment, low income or material hardship are important circumstances, but they do not automatically mean that the court will grant the application. The court looks at the applicant’s overall circumstances.
For example, it is interested in whether you have assets, savings, regular expenses, dependants, debts, foreclosures or other sources of income. If you are in material need, it is advisable to enclose a decision or certificate of receipt of a material need allowance.
It is best to file the application right along with the filing, which incurs a court fee. So, if you are filing a lawsuit, a petition or an appeal and you already know that you cannot pay the fee, attach the request for exemption directly to that filing. If you did not file the application right away, you may file it after you have received the notice to pay the court fee. However, it is important not to wait and to respond within the time limit set by the court. If you ignore the summons, the court may in some cases stop the proceedings.
If you have already paid the court fee, a request for exemption generally does not retroactively address a fee already paid. The exemption is particularly relevant for the future, i.e. for fees that have not yet been paid or are yet to be incurred. In some situations, however, a refund of court fees may be appropriate. But that is a different legal mechanism than an exemption. For example, the refund of a fee is dealt with where the fee has been paid without obligation, where proceedings have been discontinued, where the application has been dismissed or withdrawn under the conditions laid down by law.
Yeah. The court does not have to make an all-or-nothing decision. It may grant full acquittal, but it may also grant partial acquittal. This means that part of the fee has to be paid and part of the fee is waived.
A partial exemption may be appropriate, for example, where the applicant is unable to pay the full fee but is able to pay some of it. In that case, the court will assess in particular the amount of the fee and the applicant’s overall financial capacity.
In particular, the natural person should attach documents on income, expenses, assets and liabilities. Typically, this will include proof of income, pay slips, pension or benefit decisions, certificates from the employment office, bank statements, proof of rent, mortgage, loans, maintenance, foreclosures or medical expenses.
If you have children or other dependants, please state this on your application and provide supporting documents where possible. If you have debts, attach, for example, repayment schedules, loan agreements or enforcement documents. For a company, accounting and financial documents are particularly important, such as accounts, profit and loss accounts, balance sheets, tax returns, statements of accounts, a summary of debts, liabilities and assets.
The use of the form is very practical, especially for individuals. The court will find in it the information it usually needs when deciding on an exemption. However, the form must be filled in truthfully and completely and must be accompanied by supporting documents. It may not be sufficient to complete the form on its own if you list income, expenses or debts without being able to prove them. It is therefore safest to combine the form with a short application and annexes.
Yes, a legal entity, such as a limited liability company, can also apply for an exemption from court fees. However, the courts generally follow a stricter procedure for companies than for ordinary natural persons. The company must prove its economic situation with concrete documents. It is not enough to claim that it is making a loss or that it has temporarily little money in its account. In particular, the court will assess the assets, liabilities, receivables, liquidity, economic results and the real ability to pay the fee.
If the court rejects the application, the fee obligation is not extinguished. In practice, this means that the court fee will have to be paid or the part of the fee from which the court has not exempted the applicant will have to be paid. If the fee is not paid even after the court’s request, there may be serious consequences. In some cases, the court may discontinue the proceedings. It is therefore important to make the application thoroughly and attach all the necessary documents at the outset.
Yeah. If, during the proceedings, it appears that the circumstances of the party do not justify the exemption or did not justify it at the time it was granted, the court may withdraw the exemption. It may also do so retrospectively.
This may be the case, for example, if the participant’s financial situation improves significantly or if it becomes apparent that he or she has withheld important information about income, assets or accounts in the application. Therefore, truthful and complete information should be provided in the application.
It depends on what kind of liberation it is. In many cases, a statutory exemption also covers other stages of the proceedings, such as appeal, appeal, retrial, enforcement or execution. For an individual exemption granted by a court, the scope of the decision must be looked at. The court may exempt a party from fees in the entire proceeding, but it may also exempt only a particular fee. If you are unsure, it is advisable to apply for an exemption expressly even on appeal or appeal.
There are important statutory exceptions to maintenance. In particular, the exemption applies to proceedings concerning the mutual maintenance obligations of parents and children, as well as to the claimant in proceedings for the establishment or increase of maintenance. In practice, this means that a parent seeking to establish or increase child maintenance does not normally have to pay a court fee. Nevertheless, it is always necessary to look at the specific type of application, as not every family law case has the same fee regime.
Divorce proceedings have their own fee regime. The fact that minor children are also dealt with in the divorce does not automatically mean that the divorce itself is free of court fees. However, if the person who is filing for divorce does not have sufficient financial resources, he or she may apply to the court for an individual exemption from court fees. The court will then assess the person’s income, expenses, assets, family situation and other circumstances.
Yes, you can apply, but the ownership of your home, car or other property can influence the court’s decision. The court looks not only at income, but also at assets as a whole. For example, if the applicant owns valuable property, the court may look at whether he or she can pay the fee on that property. On the other hand, owning an ordinary home does not automatically mean that a person has enough spare money to pay the court fee. The overall picture is important.
The exemption from court fees can be an important tool for people and companies who need to assert their rights but would find paying court fees an unreasonable burden. However, it is not an automatic entitlement. It is always important to distinguish whether the exemption arises directly from the law or is decided by the court on the basis of the applicant’s particular financial, income and social circumstances. To apply for exemption from court fees, it is important to act in a timely manner, to provide truthful and specific information and to attach relevant documents. The court assesses not only the financial situation itself, but also the nature of the claim being asserted and whether it is arbitrary or manifestly unsuccessful.
At the same time, exemption from court fees should be distinguished from reimbursement of court fees. In the case of an exemption, the question is whether the fee has to be paid at all. A refund is a situation where the fee has already been paid and the law allows for a full or partial refund. A properly prepared application can determine whether the court can deal with the claim itself. If you are unsure whether you qualify for a court fee waiver, or need help preparing an application or litigating a case, Highgate Law Firm is here to help you assert your rights, even in complicated cases. You can also take advantage of our paid legal consultations, where we will assess your situation and suggest a course of action.
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