Many people who receive a summons or petition wonder: “What does a lawsuit actually cost?” In addition to the costs of a lawyer, court fees and litigation costs play an important role. In this article, we explain step by step which costs you can expect if you have to litigate.
What are court fees?
Court fees are the mandatory fees you pay to the court to start a proceeding or to take part in one.
Both the claimant (the person who starts the proceedings) and the defendant (the person who must defend themselves) pay court fees.
The amount of the court fee depends on:
the type of proceedings (subdistrict court, district court, court of appeal),
the amount of the claim,
whether you are a private individual or an entrepreneur.
👉 For individuals, court fees are usually lower than for businesses.
How much are the court fees?
A few examples (amounts set annually by the government, indicative):
At the subdistrict court (cases up to € 25.000): several tens to hundreds of euros.
At the court (civil cases): often between € 200 and € 500 for individuals.
On appeal or in cassation: usually higher court fees.
👉 Are you unable to pay the costs✓ Sometimes you may be eligible for subsidized legal aid or a waiver of court fees.
What are litigation costs?
In addition to court fees, there are litigation costs. These are costs imposed by the judge on the losing party, such as:
The court fee of the winning party.
Compensation for attorney's fees (flat-rate, so not always the full costs).
Bailiff's fees for serving the summons.
👉 Whoever loses usually pays (part of) the opposing party's legal costs.
Costs of a lawyer
In many proceedings, a lawyer is mandatory, such as in court or on appeal.
Attorney's fees vary by case.
Sometimes your legal expenses insurance (partially) pays the costs.
If income is insufficient, subsidized legal aid can be a solution.
Examples from practice
Example 1 (debt collection): A private individual lost a case worth € 2.000. In addition to the amount, he also had to pay the court fee and € 500 in legal costs to the opposing party.
Example 2 (employment): An employee won a dismissal case. The employer had to pay not only the transition payment, but also the employee's legal costs.
Example 3 (tenancy): A tenant had a default judgment entered against him. He had to pay the overdue rent, the landlord's court fee and the bailiff's costs.
Checklist: what to keep in mind?
📑 You always pay court fees (unless a fee waiver is possible).
⚖️ If you lose, you also pay the other party’s legal costs.
💶 Take attorney’s fees into account in addition to court fees.
📄 Ask about options for legal aid or a payment plan.
⏳ Discuss with your lawyer whether the case is worth the costs.
Common mistakes
Thinking that only the losing party pays court fees (each party pays them).
Forgetting that bailiff’s fees are also part of legal costs.
Not accounting for higher costs on appeal or in cassation.
Unnecessary litigation without a chance of success.
Frequently Asked Questions (FAQ)
1. Do I always have to pay court fees?
Yes, unless you can obtain a waiver due to a low income.
2. Does the losing party always pay the legal costs?
Usually yes, but the judge can also apportion the costs.
3. How much does a lawyer cost on average?
That varies by case. Sometimes legal assistance or subsidized legal aid can help.
4. Are court fees the same as legal costs?
No, court fees are paid to the court, legal costs are the (additional) costs that the losing party must pay to the other party.
5. What happens if I can't pay?
Your lawyer can check whether you can apply for a waiver or subsidized legal aid.
Why Arslan Advocaten?
Clear advice on the costs and risks of litigation
Transparent pricing agreements with clients
Help with applying for subsidized legal aid or legal aid through insurance
Guidance in all stages of the proceedings
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.