Court costs and legal fees: who pays in a lawsuit
The two categories of costs
The CCP distinguishes court costs (court fees, expert and witness costs) from party compensation, which corresponds to legal fees and other necessary expenses incurred by a party to defend their interests in the proceedings (art. 95 CCP).
The advance payment of costs
The court can require the plaintiff to make an advance payment to cover the estimated court costs, before opening proceedings on the merits. If this advance is not paid within the deadline set, the claim can be declared inadmissible.
The general allocation rule
Under art. 106 CCP, costs are in principle borne by the losing party. Where each party partially prevails, costs are allocated proportionally according to the outcome of the case. The court can deviate from this general rule on equitable grounds in certain situations.
Legal aid
A person who does not have sufficient means to bear the costs of a lawsuit without affecting the subsistence minimum necessary for their support can apply for legal aid (art. 117 ff. CCP), which can cover all or part of the court costs and, if necessary, the appointment of a court-appointed lawyer, provided the case does not appear devoid of any chance of success.
Frequently asked questions
Who pays the costs if I lose my lawsuit?
In principle the losing party bears the court costs and the other party's legal fees (art. 106 CCP), subject to proportional allocation where each party partially prevails.
Can I get help if I don't have the means to pay court costs?
Yes, legal aid (art. 117 ff. CCP) can cover all or part of the court costs and allow for the appointment of a court-appointed lawyer, provided you lack sufficient means and the case does not appear devoid of any chance of success.
What happens if I don't pay the advance on costs requested by the court?
The court can, if payment is not made within the deadline set, declare the claim inadmissible without examining the merits of the dispute.