Many people who receive a summons or petition wonder: “What does a lawsuit actually cost?” In addition to the cost of a lawyer, court fees and litigation costs play an important role. In this article, we explain step by step what costs you can expect if you have to litigate.

What are court fees?

Court fees are the mandatory costs you pay to the court to start or participate in a procedure.

• Both the plaintiff (the one who starts the procedure) and the defendant (who has to defend himself) pay court fees.

• The amount of the court fee depends on:

  • the type of procedure (magistrate’s court, district court, court of appeal),

  • the amount claimed,

  • whether you are an individual or a businessman.

👉 For individuals, court fees are usually lower than for companies.

How high are the court fees?

A few examples (amounts set annually by the government, indicative):

• At the magistrate’s court (cases up to € 25,000): a few tens to hundreds of euros.

• At the district court (civil cases): often between € 200 and € 500 for individuals.

• On appeal or cassation: usually higher court fees.

👉 Can’t afford the costs? Sometimes you can qualify for subsidized legal aid or waiver of court fees.

What are litigation costs?

In addition to court fees, there are litigation costs. These are costs that the judge imposes on the losing party, such as:

• The court fee of the winning party.

• A reimbursement for lawyer’s costs (lump sum, so not always the full costs).

• Bailiff’s costs for serving the summons.

👉 Whoever loses usually pays (part of) the other party’s litigation costs.

Costs of a lawyer

In many procedures a lawyer is mandatory, like in the district court or on appeal.

• Lawyer’s fees differ per case.

• Sometimes your legal expenses insurance pays (part of) the costs.

• If income is insufficient, subsidized legal aid can be a solution.

Practical examples

• Example 1 (collection): An individual lost a case of € 2,000. In addition to the amount, he also had to pay the court fee and € 500 litigation costs to the other party.

• Example 2 (labor): An employee won a dismissal case. The employer not only had to pay the severance pay, but also the employee’s litigation costs.

• Example 3 (rent): A tenant was convicted in absentia. He had to pay the overdue rent, the landlord’s court fee and the bailiff’s costs.

Checklist: what to take into account?

• 📑 You always pay court fees (unless waiver is possible).

• ⚖️ If you lose, you also pay the other party’s litigation costs.

• 💶 Take into account lawyer’s fees in addition to court fees.

• 📄 Ask about options for legal aid or a cost arrangement.

• ⏳ Discuss with your lawyer whether the case is worth the costs.

Common mistakes

• Thinking that only the loser pays court fees (each party pays this).

• Forgetting that bailiff’s costs also fall under litigation costs.

• Not taking into account higher costs on appeal or cassation.

• Litigating unnecessarily without a chance of success.

Frequently asked questions (FAQ)

1. Do I always have to pay court fees?
Yes, unless you can get a waiver due to low income.

2. Does the loser always pay the litigation costs?
Usually, but the judge can also split the costs.

3. How much does a lawyer cost on average?
It depends on the case. Sometimes legal aid or subsidized legal aid can help.

4. Are court fees the same as litigation costs?
No, you pay court fees to the court, litigation costs are the (extra) costs the loser has to pay to the counterparty.

5. What happens if I can’t pay?
Your lawyer can see if you can apply for a waiver or subsidized legal aid.

Why Arslan Lawyers?

• Clear advice on costs and risks of litigation

• Transparent pricing agreements with clients

• Help with applying for subsidized legal aid or legal aid via insurance

• Guidance in all phases of the procedure

Conclusion

Litigation always costs money, but the amount depends on the case and the outcome. With the right guidance, you avoid surprises and know exactly where you stand.