What does a lawsuit cost? Understanding the cost risk
Court costs, advances, and the risk of bearing the opposing party's costs in the event of a loss – plus Prozesskostenhilfe (legal aid).
A court proceeding is associated with costs and a risk. You should be aware of this before filing a lawsuit.
Three separate cash flows
- Our fee for the AI support (in credits) – you can always see the price in advance, see viewing costs in advance.
- Court costs – you pay these to the court, not to us. In the case of a lawsuit, a Gerichtskostenvorschuss (advance on court costs) is usually requested first; the lawsuit is only served after payment has been made.
- Any costs of the opposing party (e.g., their lawyer).
The cost risk
Whoever loses the lawsuit generally bears the costs – including those of the opposing party (principle of § 91 ZPO (Zivilprozessordnung; German Code of Civil Procedure)). In the event of partial success, the costs are shared. Please factor this risk in before you file a lawsuit.
Exception: labor court (Arbeitsgericht). In employment matters, each side bears its own lawyer's fees at first instance – even the winning side is not reimbursed (§ 12a(1) ArbGG). The labor court does not require an advance on court fees (§ 11 GKG). That is why the cost calculator shows no civil-procedure amounts for employment matters.
Prozesskostenhilfe
If you cannot afford the costs, state-funded Prozesskostenhilfe (legal aid) is available – read more about this under Prozesskostenhilfe.
Estimating costs in advance
In the cockpit, a cost calculator estimates the court and lawyer fees based on the amount in dispute (according to the statutory tables GKG (Gerichtskostengesetz)/RVG (Rechtsanwaltsvergütungsgesetz)) and indicates your cost risk in the event of a loss. Specific amounts depend on the amount in dispute and the court and are subject to change; the court's cost invoice is always decisive.
Related topics: Prozesskostenhilfe: Help when funds are lacking · Settlement or continuing to fight · Where do I see what something costs before I start? · When is a lawyer better
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