What are the costs due in the legal process?

Filing a lawsuit is always associated with the performance of certain expenses. Such costs exist for both parties to the dispute:

• The plaintiff (the party initiating the proceedings) pays
  advance costs for state fees, collection of evidence, expert opinions
  and a lawyer, and
• The defendant (the party against whom the proceedings are being brought)
  must bear the costs of his defense.

When can I claim expenses incurred?

Only in a pending process, i.e. cannot be sought in a separate proceeding. There are exceptions to this rule (what are they?)

What is due?

Liability for costs is the right of one party to demand that the other party pay for the costs incurred by it if the court decision is in its favor. Liability is objective and therefore the actual costs incurred in the case are due.

The general principle is that the losing party pays the other party's costs. This is determined by the court in the judgment that concludes the case. The losing party, in addition to any costs incurred in its defense during the trial, must reimburse the winning party for all of its reasonable and actual costs.

Exceptions

The liability for costs depends on the outcome of the dispute. If the claim is partially upheld, the defendant may request to be awarded the costs incurred by him in accordance with the rejected part of the plaintiff's claim.

In the event that a claim is filed for 1,000 leva, but the court awards only 700, the liability for costs will be distributed as follows: the defendant will be ordered to pay 70% of the plaintiff's costs, and the plaintiff will be ordered to pay the defendant 30% of his costs. The court will then make a set-off up to the lesser of the two amounts. The activity of calculating and awarding costs is the duty of the court and is subject to independent judicial review by a higher court, if any.

*When the defendant's conduct did not give rise to the filing of the lawsuit and if he admits the claim, then the costs are assigned to the plaintiff. The same would be the consequence if the case were dismissed.

Prerequisites for filing

The person who decides to file a civil lawsuit must have certain funds available in advance and be ready to invest them in the case. Liability is his guarantee that he will receive the expenses incurred if his claim is justified and his case is conducted with the necessary professional care by a lawyer. Therefore:

• All legal costs must be claimed promptly;
• Evidence of the actual incurrence of these expenses must be submitted - a document from a bank, receipt, invoice, etc., since only those actually incurred are subject to reimbursement.

Can I be exempt from expenses?

Yes, upon assessment of financial capabilities. In that case, the initial costs of the proceedings are paid from the amounts provided for in the court budget. If the claim is upheld, the losing party is ordered to reimburse the court costs.

The lawyer, for his part, if the prerequisites of the Bar Law are met, may represent his client free of charge. In this case, he may ask the court to order the losing party to pay the lawyer a certain attorney's fee directly.

*Exemption from fees and expenses
Civil Procedure Code, Article 83. (1) Fees and expenses for the proceedings of cases shall not be paid:

• 1. by the plaintiffs – workers, employees and members of cooperatives, on claims arising from employment relationships;
• 2. by the plaintiffs – on claims for maintenance;
• 3. on claims filed by a prosecutor;
• 4. by the plaintiff – on claims for damages from tortious injury resulting from a crime for which a conviction has entered into force;
• 5. by the court-appointed special representatives of a party whose address is unknown.

(2) Fees and costs of the proceedings shall not be paid by individuals who are recognized by the court as not having sufficient means to pay them. In the application for exemption, the court shall take into account:

• 1. the income of the person and his/her family;
• 2. the financial situation, certified by a declaration;
• 3. marital status;
• 4. health status;
• 5. employment;
• 6. age;
• 7. other established circumstances.