What is included in the cost of a claim? How to determine the cost of a claim? Let's try to figure it out. Often before those who file a lawsuit, the question arises: what is the price of a claim? Some plaintiffs include legal costs in the price of the claim, while others include the state duty in it. But, it's worth mentioning right away that the state fee is not included in the cost of the claim! After all, the state duty is legal costs and it is reimbursed upon application only in case of winning. By the way, moral damage is also not included in the cost of the claim! Recall that moral damage is a subjective evaluative indicator, and cannot be the cost of a claim. Even in the case when the claim is only for non-pecuniary damage. So what does the cost of the claim actually include? So, the cost of the claim is the means that the defendant, on the assurances of the plaintiff, must pay. In addition, the determination of the cost of the claim is also necessary to pay the correct amount of the state fee. Opening Article 91 of the Civil Procedure Code, which provides a detailed definition of the "cost of the claim", we determine that it is composed in each case of different components, namely:
Instructions
Step 1
• for claims for the recovery of funds, the amount of payment is determined based on the amount of money to be recovered;
Step 2
• the value of the claimed property is determined by the amount of claims for the reclamation of property;
Step 3
• if we are talking about indefinite or lifelong payments and disbursements, then the price of the issue is the aggregate of payments and disbursements for three years, but at the same time for claims for a decrease or increase in payments and disbursements, based on the amount by which payments and disbursements decrease or increase, but not more than a year. In case of consideration of a claim for the termination of payments and disbursements, the amount is determined based on the totality of the remaining payments and disbursements, but not more than for a year;
Step 4
• the sum of claims for the recovery of alimony is calculated from the totality of payments for the year;
Step 5
• for claims for ownership of an object of immovable property, which belongs to a citizen by right of ownership, the amount is determined based on the value of the object, but not lower than its inventory estimate or, in the absence of it, not lower than the estimate of the value of the object under an insurance contract, for the real estate object belonging to the organization - not lower than the balance sheet estimate of the object;
Step 6
• on claims for early termination of a property lease agreement, based on the totality of payments for the use of property during the remaining term of the agreement, but not more than three years;
Step 7
• for claims consisting of several independent claims, proceeding from each claim separately.
