Refund of state duty from the arbitration court: in case of rejection of the claim

According to modern laws, if a lawsuit is rejected, a citizen can return the funds spent on state duty. This is required for various reasons. This procedure is carried out according to generally accepted rules. The return of state fees from the arbitration court is described in the article.

This procedure is carried out in the following cases:

1. In excess of the amount of the fee.
2. If the claim is returned when the document with the claim was not accepted by the court.
3. Upon termination of consideration of requirements.

Office cessation situations

Clerical work is terminated by the court, for various reasons. Refusal of the application is considered the basis for reimbursement of state duty. The lawsuit will not be considered for the following reasons:

1. If the decision on the claims between the parties is the business of the courts of general jurisdiction.
2. Adoption of a decision by the arbitral tribunal in a similar case.
3. The arbitral tribunal is not competent to resolve a specific issue.
4. Adoption of a decision by the arbitral tribunal in a similar case, with the exception of situations of refusal to issue a writ of execution to the arbitration court.
5. Refusal of the person who filed the claim.
6. At the death of the individual in respect of whom the lawsuit was brought, or with the liquidation of the legal entity.

If a situation is considered when a state duty can be returned from the arbitration court in the process, then cases where refusals were during the consideration of the case are excluded. When the defendant satisfied the plaintiff, the state fee is not refunded.

Reasons for refusal

A waiver of a claim may occur before a decision is made on record keeping. Common causes include the following nuances:

1. If the reason for applying is eliminated.
2. Voluntary repayment of claims by the defendant.
3. Drawing up a settlement agreement.
4. Other circumstances of the waiver of the claim.

If the refusal is fulfilled, it is forbidden to appeal to the same defendant for the second time. An exception is the new circumstances of the case. The return of state duty from the arbitral tribunal is a citizen's right, prescribed by law.

Return or Non Refund Terms

Refund of state duty from the arbitration court in case of rejection of the claim is carried out within a month after the plaintiff filed an application. For example, you can apply to the court within 3 months after the event that the court decided to refund the fee.

If the case involves overpayment of the amount of the fee and a certificate from the court is not required, then the deadline for returning the state duty from the arbitration court will be considered from the moment it is paid. Return it will not work if the defendant voluntarily fulfilled the requirements. If he performed this before the adoption of the application, then the fee will not work, since it will be included in the expenses of the defendant.

Sometimes the duty is transferred to costs and shared between the parties. For example, when concluding a peace agreement in a court of appeal, the plaintiff receives part of the fee. This right is provided by law.

Return Features

The procedure for returning state fees from the arbitration court of Moscow or another city depends on the reason for this. The decision is made by the following authorities:

1. Tax service - in case of overpayment.
2. Court - in case of rejection of the claim.

For example, if you want a refund, a person is issued a certificate, and then you need to visit the tax office with it. An application for the return of state duty from the arbitration court of Moscow and other cities must include bank details where the money should be transferred. You must also indicate the number and date of the decision. The following papers are attached to the application:

1. Return document.
2. Payment receipt.
3. Instruction for payment of funds.

If a partial refund is expected, a notarized duplicate is provided to the person. In case of a waiver of a claim, a return is similar in all courts. The procedure is carried out on judicial grounds, fixed by the Tax Code of the Russian Federation.

Collection features

If the plaintiff is exempted from paying state duty, it can be recovered from the defendant, the amount is set individually, except in cases where the defendant relates to those persons who are exempt from paying fees. If the claim is satisfied, the costs will be on the party that is considered the defendant. But it must be taken into account:

1. Paid duty plaintiff.
2. Legal services serving the plaintiff.
3. The price of the examination during the trial.

If there was no refusal of the claim, and it was partially satisfied, the state duty is reimbursed according to the amount of claims satisfied on the basis of cost accounting. The amount of the fee is sometimes allocated to third parties involved as defendants.

Drafting a statement

How is the state duty refunded from the arbitration court? The sample will allow you to correctly compose a statement. It must indicate the plaintiff and defendant. The main part includes the desire to refuse claims.

It is important to briefly, but clearly describe the situation. At the end it is indicated who drew up the document and the date of compilation. After writing, the application is submitted to the court. It is also necessary to draw up a similar statement on the return of state duty from the arbitration court with a settlement, a model of which is presented in the article.

The basis for compensation is a certificate provided by the institution. With the receipt of the document, the payer of the fee applies to the IFTS. The application is registered by the IFNS clerk upon submission. The document must have:

1. The name of the IFTS department.
2. Information about the face.
3. The essence of the matter.

It is necessary to indicate the basis for filing the application - overpayment or determination of the judicial authority on the return of the fee. The application provides information on the number and date of the decision-grounds, as well as a reference to the law - Art. 333.40 of the Tax Code of the Russian Federation. Required are the bank account details for the transfer of money.

The application shall be accompanied by a payment document, a copy of the court ruling, a certificate from the court. The paper is signed by an individual or his representative. A letter from a legal entity is drawn up on the letterhead of the company with a registration number and certification by the seal of the organization.

With the annulment of the court order

Reimbursement of state duty is possible with the abolition of the court order. This is a document drawn up by a judge regarding the reimbursement of payment or claim for property. This decision is made in response to a statement. This form is a simplification of legal proceedings.

The judge considers the application and makes a determination in the form of a court order for 5 days. This document is considered binding. This form speeds up some processes. The peculiarity lies in the fact that when the judge made a decision in the direction of the applicant, and the debtor sent the court ruling, the debtor has 10 days to appeal the decision and the objection.

Based on these objections, a court ruling is created that cancels the order. He is sent by mail. The claimant cannot re-apply to a simplified procedure of legal proceedings. Then comes a lawsuit. Often this happens when credit organizations want to collect debt without lengthy proceedings. And debtors may not recognize the debt, so they send objections.

Duty Amount

It is not easy to find out the amount of payment on your own, it is performed by special calculators on the courts' websites or by applying to the court with a request. The procedure for paying fees is based on the details of the court where the application is submitted. The amount is taken into account and regulated not by the court, but by the tax authority. If there was no waiver of the claim, and it was not transferred to the court, and the claims were extinguished before the lawsuit was filed, then the state duty is an overpayment and is in the taxpayer’s account.

Postings for the return of state duty from the arbitration court are made with the filing of an application. In the district court, where issues of property and not only are considered, the procedure for paying the fee is carried out for each appeal. During the consideration of the claim, the amount may decrease and increase. If it is reduced, then, by a court decision, all unnecessary is compensated to the plaintiff.

The amount is returned according to the rules specified by the tax authority. In addition to the reimbursement of funds, a surcharge is also possible if the fee is increased.

The size of the state duty in each case is different, as it is determined by the properties of the claim. Refunds are made if the claim is rejected on the basis of a court decision and others. Refunds can be denied when designating the wrong amount, incorrect details, so you need to draw up a statement carefully.