Even if the access to justice is unrestricted in Romania, it is not always free!

Find out below what and how you need to pay for your case to be heard in a Romanian court, through the court fee (taxa de timbru).

What is the Romanian court fee?

The court fee or judicial stamp duty is the payment owed to the courts, as well as by the Ministry of Justice and the Prosecutor’s Office attached to the High Court of Cassation and Justice, in exchange for the services rendered. Its payment is mandatory for a claim to be admissible before the court.

You should know that the proof of payment for the court fee must be attached to your court claim. If the fee is not paid at all or is paid just in part, your court claim will be automatically rejected.

Romanian Emergency Ordinance no. 80 of June 26, 2013 (OUG no. 80/2023) regarding court fees (the judicial stamp duties) complements the Code of Civil Procedure and regulates the method of calculation and other important aspects thereof.

Who pays the court fee?

The plaintiff or claimant is the one who pays the fee, because they are the ones notifying the court.

If the defendant submits their own counter-claim, he will pay another fee, in turn.

When do I pay the court fee?

You have to pay the court fee before starting the trial.

If you didn’t know about this fee, during the procedure of regularizing you will receive a notice from the court, that will give you a 10-day deadline to pay the court fee.

Where do I pay the court fee?

The answer can be found in article 40 of the Ordinance, which tells us that the fees are paid in cash, by bank transfer or online, in a separate income account of the local budget “Judicial stamp duties and other stamp duties”, of the territorial administrative unit where the natural person has domicile or residence or, as the case may be, where the legal person has its registered office. The costs of transfer for the court fee is borne by the tax debtor (the claimant)

The tax can be paid online here.

How much do I pay for the court fee?

The amount of the court fee is calculated according to the object of the court claim, whether this object can be assessed in money or not.

We will mention some specific situations found in the Ordinance, although that we will not discuss all possible situations.

If math is not your strong point, it is good to know that there is a stamp duty calculator on portal.just, which will give you all the information you need here.

Actions and monetary claims brought before the courts are charged as follows:

1. a) up to the value of 500 lei – 8%, but not less than 20 lei;
2. b) between 501 lei and 5,000 lei – 40 lei + 7% for what exceeds 500 lei;
3. c) between 5,001 lei and 25,000 lei – 355 lei + 5% for what exceeds 5,000 lei;
4. d) between 25,001 lei and 50,000 lei – 1,355 lei + 3% for what exceeds 25,000 lei;
5. e) between 50,001 lei and 250,000 lei – 2,105 lei + 2% for what exceeds 50,000 lei;
6. f) over 250,000 lei – 6,105 lei + 1% for what exceeds 250,000 lei.

 

The judicial stamp fees for some actions and requests related to family relationships are as follows:

1. a) for the divorce application based on the provisions of art. 373 lit. a) from the Civil Code – 200 lei;
2. b) for the divorce application based on the provisions of art. 373 lit. b) and c) from the Civil Code – 100 lei;
3. c) for the divorce application based on the provisions of art. 373 lit.d) from the Civil Code – 50 lei;
4. d) for requests that are not ancillary to a divorce request and that have as their object the establishment of the child’s residence, the exercise of parental authority, the establishment of the parents’ contribution to the expenses of raising and educating the children, the right of the parent or of persons other than the parents to have personal ties with the child, the family home – 20 lei per application;
5. e) any other request that cannot be evaluated in money – 20 lei, if they are not exempt, according to the law, from the stamp duty.

If you would like to address more questions or if you need a legal consultation, you can contact us at office@rrpb.ro or by accessing our site www.rrpb.ro for more information.

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