Ad valorem and fixed fees

Court fee is charged either as a percentage of the value of the relief claimed – ad valorem – or as a fixed amount. Money suits and suits for possession attract ad valorem fee. Declaratory suits, injunctions and most petitions attract fixed fees. The valuation you put in the plaint determines both the fee and, often, the forum.

Do not undervalue

Undervaluing a suit to save court fee is a false economy. The court can direct you to make good the deficiency, return the plaint for presentation to the proper court, or reject it. Any of these outcomes costs more time than the fee saved.

The costs nobody mentions

Process fee for summons, charges for certified copies, oath commissioner fees, courier and publication charges, and the cost of obtaining revenue or bank records. Individually small, collectively significant over a multi-year case.

Professional fees

Fee structures vary widely – a lump sum for the whole case, per-hearing fees, or a stage-wise schedule. Get the arrangement in writing at the outset, including what happens on appeal. Most fee disputes between lawyer and client come from an unwritten understanding.

Budgeting realistically

For a contested civil suit, budget for a multi-year timeline including at least one appeal. Decide at the outset what the matter is worth to you, and revisit that figure honestly when settlement is offered.