One of the first cost items paid when a lawsuit is filed is the court fee. The fee is a public obligation collected by the state in return for the judicial service, and its collection is governed by Fees Act No. 492. These amounts, which are updated each year according to the revaluation rate, vary depending on the type, value and stage of the case. In this article we explain, for information purposes, the principles by which the filing fee and the judgment and decree fee are determined, the difference between proportional and fixed fees, and the mistakes most commonly encountered in practice.
The Legal Basis of the Court Fee
The legal framework for court fees is set by Fees Act No. 492 and the Tariff No. (1) annexed to it. In the tariff, judicial fees are divided into sub-items such as the filing (application) fee, the advance (proportional) judgment and decree fee, the fixed fee, and the site-inspection fee. Fee amounts and fixed sums are renewed each year by communiqués of the Ministry of Treasury and Finance applying the revaluation rate. Accordingly, the current amount of the fee payable in a case is determined by reference to the tariff for the year in which the case is filed; tables from previous years may give a misleading result.
Under the Fees Act, proceedings for which the fee has not been paid, or has been paid only in part, cannot as a rule continue. For this reason the fee is not merely a cost but also a procedural precondition for the case to be heard.
The Distinction Between Proportional and Fixed Fees
The key to understanding court fees is the distinction between the proportional fee and the fixed fee. This distinction depends on whether or not the subject matter of the case can be measured in money.
- Proportional fee: Applied in cases whose subject matter is a specific monetary claim or value. The fee is determined by a rate calculated per mille on the value of the case (the amount in dispute). For example, in debt, compensation or title-deed cancellation cases, the fee increases as the amount claimed grows.
- Fixed fee: Charged as a set amount in cases whose subject matter cannot be assessed in money. In cases such as divorce, custody or correction of a civil-registry entry, a fixed fee set out in the tariff is paid regardless of the value of the case.
In proportional-fee cases, the tariff also provides for a lower limit (a minimum fixed amount). If the calculated proportional fee falls below this lower limit, the minimum fixed amount is taken as the basis.
How Is the Filing Fee Calculated?
When a case subject to a proportional fee is filed, two items generally stand out:
- Filing (application) fee: A fixed amount charged once for each case and enforcement proceeding; it is independent of the value of the case.
- Advance judgment and decree fee: A portion of the proportional judgment and decree fee specified in the law (generally one quarter) is collected in advance when the case is filed. The remaining portion is paid at the end of the proceedings, according to the outcome of the case.
The base for the advance fee is the value of the case claimed by the claimant. For example, if the proportional judgment and decree fee rate is 6.831 per mille, this rate is applied to the value of the case and one quarter of the resulting amount is collected in advance at the filing stage. In cases subject to a fixed fee, the fixed fee is paid at the filing stage together with the application fee; no proportional advance fee arises.
The Judgment and Decree Fee
The judgment and decree fee is the fee that arises based on the judgment given at the end of the proceedings. In proportional cases, this fee is calculated on the amount awarded. The portion collected in advance at the filing of the case is set off against this fee; the remaining balance is paid within the period prescribed by law after the judgment becomes final.
An important point here is that the fee base is determined according to the amount won. If the case is partially upheld, the fee is calculated on the amount upheld; the fee relating to the rejected portion may remain the claimant's responsibility. In cases subject to a fixed fee, the judgment and decree fee is likewise charged as a fixed amount and is not linked to the value of the case.
Is the Fee the Same Thing as Litigation Costs?
The fee is only one part of the litigation costs. In a case, an advance on costs is also deposited for items such as service of documents, expert witnesses, site inspections, witnesses and postage. In cases handled by a lawyer, attorney's fees also come into play. For this reason, the answer to the question "how much will this case cost me?" is not limited to the fee alone; the fee is one component of the total cost.
Points to Watch Out For
- The current tariff: Fee amounts change every year. When making a calculation, you must use the current tariff for the year in which the case will be filed.
- The correct case value: In the proportional fee, the base is the value of the case, determined realistically. Understating the value gives rise to the risk of having to top up the fee later and of delay in the proceedings.
- Topping up the fee: Where the value of the case is increased through amendment (islah) or an increase in the claim, a supplementary (top-up) fee is paid for the additional portion.
- Fee exemptions and exceptions: Certain institutions and types of case are exempt from fees by law; those who benefit from legal aid may also be temporarily exempted from paying fees in advance.
Common Mistakes
- Calculating with an old tariff: A calculation made using the rates and fixed amounts of a previous year does not reflect the actual fee.
- Forgetting the application fee: Taking into account only the proportional advance fee and disregarding the application fee understates the total amount.
- Confusing fixed and proportional cases: Making a proportional calculation on the value of the case in a case subject to a fixed fee, such as divorce, is incorrect.
- Assuming the advance fee is the whole: The advance fee paid at filing is not the whole of the judgment and decree fee but only a part of it; the remainder arises at the end of the proceedings.
A Short Example Scenario
Suppose a person files a lawsuit for a debt of 200,000 TL. This is a case subject to a proportional fee. At filing, a fixed application fee is paid first. Then the proportional judgment and decree fee is calculated by applying the relevant per-mille rate to the case value of 200,000 TL, and one quarter of this amount is collected in advance. If the case is upheld and the debt is awarded, the balance of the judgment and decree fee remaining after the portion collected in advance is paid after the judgment becomes final. If, on the other hand, the case is dismissed, different consequences may arise as regards the fee liability and the other litigation costs.
This example is intended only to show the logic; the actual amount varies according to the current tariff for the year in which the case is filed and the specific circumstances of the case.
Conclusion
The court fee is a public obligation that arises both at the outset and at the conclusion of the proceedings and is shaped by the type and value of the case. Correctly grasping the distinction between proportional and fixed fees, and the relationship between the application fee and the advance judgment and decree fee, is the first step in planning litigation costs realistically. The information on this page is general in nature; for the fee and cost table relating to a specific case, it is advisable to consult the current tariff and to seek advice from a lawyer.