Do I have to pay a state fee for consumer protection claims?

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Published: September 26, 2018

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The applicant (or plaintiff) must pay the state fee before filing the claim in court. However, in the statement of claim, the plaintiff may ask the court to withhold payment from the defendant in the event of a judgment in favor of the plaintiff.

According to Articles No. 333.35 and 333.36 of the Tax Code of the Russian Federation, the following groups of citizens are eligible for exemption from state duty in cases of sexually transmitted diseases:

1. Those filing claims in the amount of less than 1,000,000 rubles.
2. Heroes of the USSR and the Russian Federation.
3. Full Knights of the Order of Glory.
4. Veterans, disabled people, WWII prisoners of war, concentration camp prisoners.

• Procedure for paying state duty
• Calculator and calculation procedure

In addition, payment benefits are available to pensioners, disabled people of the first and second groups, labor veterans, etc.

In order to receive a benefit, you must apply to a judge. The same should be done for a request for payment in installments.

If the applicant has any of the above benefits, he must attach copies of documents confirming this to the statement of claim.

What violations occur most often?

Protection of consumer rights under loans may be required in different situations. Banks and microfinance organizations go to various lengths to attract new clients and are able to impose obviously unfavorable conditions on them. The list of violations in this area is extensive:

1. Providing a loan only when taking out personal insurance. In the case of a mortgage, many banks also impose title insurance, in relation to which the consumer has the right, but not the obligation.
2. Introduction of a complex system of calculating interest in case of late payment of a loan. The interest rate must be clearly stated and calculated on the amount of the debt.
3. The bank reduces the loan terms, even if the borrower violates the provisions of the loan agreement. The bank does not have the right to demand early repayment of the loan, except for the situations described in Art. 821.1 of the Civil Code of the Russian Federation, as well as if they are reflected in the loan agreement for an individual entrepreneur or legal entity.
4. Attempts by the bank to charge additional fees for early repayment of the loan.
5. Providing services, including paid ones, without the permission of the borrower. The most striking example is the connection of paid SMS notifications about account status.
6. The bank increases the interest rate without notifying the client.
7. Transfer of debt to third parties without notifying the borrower.

The difficulty lies in the fact that some banks and microfinance organizations try to protect their interests as much as possible with the help of a loan agreement, some provisions of which can be difficult for an unprepared person to understand. The situation is complicated by the habit of citizens signing documents without careful study and consultation with a lawyer. As a result, it becomes difficult to protect the rights of consumers on bank loans, even in court.

State duty benefits for consumers do not apply

Legislation on the protection of consumer rights does not regulate relations of citizens with homeowners' associations, housing construction cooperatives, housing savings cooperatives, horticultural, gardening and dacha non-profit associations of citizens, if these relations arise in connection with citizens' membership in these organizations. But if a dispute arose over the provision of paid services to a citizen by an organization (HOA, SNT), the Law of the Russian Federation “On the Protection of Consumer Rights” will be applicable (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases on disputes regarding the protection of consumer rights").

Still have questions? Contact a lawyer: the information provided in this article is general in nature and does not replace legal advice on a specific case.

How can you defend consumer rights?

According to statistics, it is extremely difficult to win a lawsuit on credit issues - denials of claims account for 69% of cases. Therefore, it is important to use all available tools for pre-trial dispute resolution: you can reach an agreement with many banks and even microfinance organizations if you act legally competently.

Procedure:

1. Write and submit to the bank an application for refusal of personal interaction. This right is stated in paragraph 2 of part 1 of article 8 of Federal Law No. 230. You can use the right 4 months from the date the debt on the loan arose.
2. Revoke your permission to process personal data. Few people know that this can be done legally. The borrower needs to draw up a written application and submit it to the bank.
3. Do not allow the financial organization to transfer any data about you to third parties, including information about overdue debts, place of residence, methods of debt collection, etc. To do this, a letter with a written prohibition is sent to the creditor.

The listed methods provide protection from illegal actions in case of overdue loans. If a bank or microfinance organization has imposed an additional service, provided it poorly, changes the provisions of the loan agreement unilaterally, or otherwise violates the rights defined by current legislation, you can write a claim to the bank.

In some cases, the consumer may file a complaint with the Central Bank to resolve the conflict.

Cases for contacting the Central Bank of the Russian Federation:

1. The bank charges illegal fees. If the loan payment has increased, or the speed of its repayment has slowed down, you can contact a specialist to check the nuances. If the fact of illegal commissions is confirmed, and the bank does not make concessions, you can safely file a complaint.
2. Refusal to provide certain services or imposition of insurance (with the exception of collateral insurance when applying for a mortgage).
3. Illegal write-offs of funds to repay loans.
4. Refusal to provide a loan agreement or other lending documents. Such a gross violation is rare, but cases are known.
5. Illegal issuance of a loan, for example, based on a lost passport or an incapacitated person.
6. Disclosure of personal data by bank employees.
7. Introduction of high fines or penalties, accrual of interest on them.
8. Unlawful actions of debt collection services or collection organizations.
9. Submitting false information about the borrower or his loan to the credit bureau.

In addition to the Central Bank, you can file a complaint with Rospotrebnadzor, as well as submit a written statement to the prosecutor's office. Typically, such actions are very unpleasant for banks and, if there is indeed a violation of consumer rights, financial organizations will accommodate them halfway. Compared to litigation, this path is less expensive; you can defend your interests faster and with a greater degree of probability.

Protection of consumer rights in court

If all possible options for resolving the problem pre-trial have been exhausted, the consumer has no choice but to go to court. To do this, you will need to draw up a statement of claim, attach to it evidence of violation of his rights, documents on the loan, as well as evidence of pre-trial settlement of the dispute.

To increase the chance of winning the process, you need to correctly draw up a statement of claim. It must comply with the provisions of the current legislation, contain information about the essence of the conflict that has arisen, requirements, as well as confirmation of their legality with the help of laws. It is necessary to indicate in the statement of claim a list of the attached documents. The claim must not contain errors, corrections, ambiguous phrases or personal judgments. Violation of these rules may be grounds for denial of legal proceedings.

It is equally important to correctly collect the evidence base. Courts for the protection of consumer rights under a lending agreement are among the most complex, therefore the evidence base must be worked with the most thoughtfulness. It is not always possible for an ordinary borrower to collect the necessary documents on their own; it is better to discuss this point with a lawyer.

Difficulties may also arise during the trial. Typically, banks and microfinance organizations send experienced lawyers to the process, some of whose wording may be incomprehensible to a citizen. It is good if the borrower’s lawyer is present at the court hearing, who will help sort out complex issues and protect the client in case of violation of his rights.

Difficulties also arise with the determination of jurisdiction. According to the law, the consumer has the right to file a claim in court at his place of residence, which for some reason does not always suit the defendant. There are cases when a bank, already at the first meeting, tried to challenge jurisdiction and transfer the further resolution of the dispute to its territory. The condition for filing a claim at the bank’s address may even be stated in the loan agreement, and the court may satisfy the defendant’s claim.

Such a court decision can be challenged by filing a complaint with a higher authority. If a lawyer is present at the meeting, this can be done faster. It is not profitable for the borrower to file a claim at the location of the defendant: the chances of winning the case in such a situation are greatly reduced, and the costs increase.

Help from a consumer protection lawyer

Protecting consumer rights on bank loans is one of the most complex processes. Bank lawyers are very competent, contracts are often incomprehensible to the average citizen, and many loan conditions are hidden from him. Banks have extensive experience in resolving disputes in court, and therefore not everyone can protect their rights without a lawyer.

Our consumer protection lawyers will help you:

1. Check whether there is a violation of the borrower's rights by the financial institution.
2. Depending on the situation, decide on further tactics.
3. Write an application to withdraw consent to the processing of personal data.
4. Write a statement refusing personal interaction with bank representatives.
5. File a claim with the bank to resolve the conflict and eliminate existing violations.
6. Draw up a complaint about illegal actions on the part of a financial organization and send it to the Central Bank, Rospotrebnadzor, DIA and other authorities.
7. Write a statement to the prosecutor's office, if necessary.
8. Draw up a statement of claim for trial.
9. Collect evidence base.
10. Defend the plaintiff’s right to resolve the issue in court at his place of residence.
11. Deal with complex issues that arise during the trial of a dispute.
12. Resolve controversial situations with collection agencies and bank collection services.

Many borrowers, having discovered violations of their rights, do not know where to go and where to begin the process of protection. In such a situation, there is only one answer: you need to contact a lawyer who specializes in protecting consumer rights in the field of lending. An experienced lawyer will carefully check the circumstances of each case, study judicial practice on similar issues and advise where the borrower needs to start, whether it is possible to resolve the issue pre-trial, and what documents need to be collected. With this attitude to the problem that has arisen, there is a greater chance of defending your rights and returning funds that the bank wrote off illegally.

In life, it is not often possible to defend consumer rights in pre-trial proceedings. More often you have to go to court, and here it is important to know how to correctly draw up and file a claim under the consumer protection law. You will receive this and other information from the article.

How to calculate the state duty if the amount of the claim for consumer protection is over 1 million rubles

In accordance with paragraph 3 of Article 17 of the Law of the Russian Federation “On Protection of Consumer Rights”. Consumers and other plaintiffs in claims related to violation of consumer rights are exempt from paying state duties in accordance with the legislation of the Russian Federation on taxes and fees.

According to clause 1, part 1, article 333.21 of the Tax Code of the Russian Federation, if the claim price is from 1,000,001 rubles. up to 2,000,000 rub. The state duty is 23,000 rubles. plus 1% of the amount exceeding 1,000,000 rubles. According to clause 4 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2014 No. 46, the amount of state duty is calculated in full rubles: less than 50 kopecks. is discarded, and 50 kop. and more is rounded to the nearest ruble.

When to go to court

According to current legislation, pre-trial settlement of a dispute in the event of a violation of consumer rights is not required. This means you can file a consumer protection claim right away. The exception will be cases when the need for pre-trial settlement is mandatory. Such cases will be a violation of consumer rights when providing tourism services (the claim procedure is specified in the Law “On the Fundamentals of Tourism Activities in the Russian Federation”), when transporting passengers or goods along rivers (the procedure is regulated by Article 161 of the Code of Inland Water Transport) or communication services (Article 55 Federal Law No. 126 dated 07/07/2003).

As judicial practice shows, courts often do not begin consideration of a case if the documents attached to the statement of claim do not include a copy of the claim confirming the plaintiff’s attempts to resolve the issue peacefully. Such a court decision can be appealed, but in this case time will be lost, which means the procedure will drag on for a long time. Therefore, before filing a claim, it is better to write a claim, wait for the response or action (inaction) of the company representative, and only then go to court.

Another argument in favor of filing a claim will be the provision with fines. In Art. 13 of the RFP clearly states that the imposition of a fine is permissible only if the seller fails to comply with the requirements in the prescribed manner. Guided by this provision, the court will refuse the request to impose a fine and its decision will be legal and cannot be appealed. In addition, the amount of compensation for moral damage will also be smaller, despite the absence of references to such a rule in the legislation.

In order not to waste time, in the event of a clear violation of consumer rights, contact a lawyer. Explain the essence of the problem, show supporting documents. A specialist will tell you how best to act in your case and help you file a claim. Only if the seller refuses to comply with your demands can you, with a clear conscience, prepare and file a lawsuit to protect consumer rights. The chances of getting your way in court with this approach will increase many times over.

State duty to court

In other cases, the state fee for administrative cases will be similar to civil cases, including when filing an appeal - 150 rubles, when filing a cassation appeal in an administrative case - 150 rubles, when filing a supervisory appeal - 300 rubles.

Payment of state fees to the court

When filing an administrative claim to recognize a non-normative legal act as invalid and to recognize decisions and actions (inaction) of state bodies, local governments, other bodies, officials as illegal: for individuals - 300 rubles; for organizations - 2,000 rubles.

26 Dec 2021 uristlaw 63

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Where to file a consumer protection claim

Many people don’t know where to file a claim, so they try to slow down the case. In fact, everything is simple here. According to Russian law, a consumer whose rights have been violated may send a statement of claim to the court at the following addresses:

• at your place of residence;
• at the location of the seller organization (including its legal address);
• at the place of execution of the purchase and sale agreement or provision of services.

The place where the claim is filed is determined by the consumer himself. If difficulties arise with this, you can safely contact lawyers who will tell you how to act in the current circumstances. As for the type of court, there are no difficulties here either: if the amount of the claim is less than 50,000 rubles, the issue will be decided by a magistrate. If the amount of the claim is more than 50,000 rubles or the plaintiff demands recovery of moral damages, then the case should be decided by the district court.

State duty appeal consumer rights protection 2020

If a citizen at the time of filing a claim does not have a sufficient amount to pay the state fee, the court may grant him a deferment for a specified period or reduce the amount of the fee.

Advokatregion

Significant violations of procedural law when considering the issue of accepting an appeal did not allow O.V.I. appeal the court ruling in the case to a higher court, thereby preventing her access to justice.

This is interesting: State Register of Real Estate Cadastre

. Finally, judicial practice is replete with cases of unscrupulous plaintiffs who abuse their right not to bear the costs in question, bringing repeated, obviously unfounded claims to achieve certain unseemly goals.

You can get detailed advice on procedural issues of protecting consumer rights by making an appointment with our specialists by calling the numbers listed on the website. Arkhangelsk, +7 902-286-15-16

State duty when filing an appeal for consumer protection

3. We calculate the difference in the amounts received at stages 1 and 2 = (15,700 – 13,200) = 2,500 rubles. Thus, for claims of 1,500,000 rubles, the state duty under the legislation on PPP will be 2,500 rubles.

The authorities to which a citizen applies do not have the right to independently regulate the amounts to be paid. Their task is to issue payment details and receive a receipt confirming payment for the provision of the service. When filing an appeal, the state fee is paid to the tax office at the location of the court of appeal.

How to act when resolving an issue in court

If a consumer is determined to enforce the law to protect their rights, then it is important to have an idea of ​​how to proceed. The first thing to do is to send a complaint to the seller of the product or service in writing. The document is drawn up in two copies, the second remains in the hands of the consumer. On it, the official who accepted the claim must put the date, his signature and the seal of the organization (if there is one). The presence of these conditions will be evidence of filing a claim.

The seller is obliged to familiarize himself with the claim and, if the requirements are justified, to fulfill them. He can also give a written answer. In case of disagreement with the result or failure of the seller to act within the time limits established by law, the consumer can prepare for legal proceedings with peace of mind. In most cases, the court will be on his side and it will be possible to achieve full compliance with the claims. There may only be difficulties in determining moral damage.

Filing a claim

There is no exact form of a claim for the protection of consumer rights, but the document must comply with the norms of the Code of Civil Procedure of the Russian Federation, be legally competent and contain the following information:

• the name and address of the court in which the claim is filed;
• contact details of the plaintiff and defendant;
• information about the essence of the transaction (including the number of the purchase and sale or service agreement, the date of its conclusion)
• information about the essence of the violation of consumer rights (faulty product, poor-quality or imposed service, presence of defects, etc.)
• information about an attempt to resolve the problem pre-trial, including the seller’s response to the claim;
• indications of violation of rights, references to current legislation;
• indication of requirements, including demands for a fine, compensation for moral damage, etc.;
• a list of documents sent to the court along with the statement of claim;
• date of filing the claim;
• plaintiff's signature.

The claim may be handwritten or printed. It is permissible to take ready-made samples of statements of claim for the protection of consumer rights and adapt them to suit yourself, but here it is important to reliably indicate your data, the circumstances of the case and references to legislative acts. It is better not to use ready-made forms, but to draw up a document from scratch.

The statement of claim should not contain personal value judgments, emotions, or insults. Ambiguous phrases, corrections and typos are prohibited. Violations of these requirements will be grounds for refusal to consider the case and the claim will have to be drawn up anew. To prevent this from happening, it is better to order a document drafting service from a consumer rights lawyer. The resulting claim can be filed in court without fear.

The number of copies of the claim depends on the number of parties involved in the conflict. When consumer rights are violated, there are usually two parties: the buyer and the seller. In this case, the statement of claim is drawn up in two copies. One is filed in court according to established jurisdiction, the other is sent by registered mail to the defendant. He may put forward a counterclaim, in which case the process will be more complicated and cannot be done without qualified legal assistance.

Preparation of documents

Along with the statement of claim, certain documents are also sent to the court. To confirm that he is right, the plaintiff needs to collect a good evidence base; just a check, receipt or contract for the provision of servants will not be enough.

Documents to court:

• a notarized copy of the passport;
• purchase and sale agreement or other document confirming the fact of the transaction;
• claims and other documents indicating pre-trial attempts at settlement;
• documentary evidence of the defects of the product or service (there may also be originals of expert opinions);
• photographs of the product confirming its inadequate quality and other documents

In order not to run around in vain through authorities and collect unnecessary papers, consult with a lawyer what evidence will be required in your case. He will carefully analyze the problem and tell you whether an examination is needed and where it is best to do it, whether photo and video materials are needed. The more serious and extensive the evidence base, the greater the chances of defending your rights in court, therefore it is unreasonable to neglect the help of a lawyer at this stage.

Example of a claim in court consumer protection

Many citizens would like to see a sample statement of claim for consumer protection in order to understand how to draw up this document. You can find it on any information site using a similar request. However, it is unwise to completely copy it.

Each situation in the field of violation of consumer rights is unique. The claim must be drawn up taking into account specific circumstances, therefore various examples and samples will not give anything. The right thing to do in this case would be to order the service of drawing up a claim from a professional. With the resulting application, there will be no shame in going to court of any authority.

additional information

It is useful to know some other points related to the mandatory duty, which may be useful when exercising judicial protection of your consumer rights:

1. It is important to keep in mind that the trial court may refuse to satisfy your claims. In this case, you may have to file an appeal. In standard cases, the fee for such a complaint is 50% of the amount of the fee paid for consideration by the court of first instance. However, such a fee is not paid in consumer rights cases.
2. In addition, it may happen that an error was made when calculating the amount of duty and excess money was paid. In such cases, the court will not help you get your money back. It is necessary to contact the tax authorities with a court ruling, after which the excess portion will be returned to the plaintiff within one month.

The Law “On the Protection of Consumer Rights” applies only partially to consumer relations regulated by individual legislative acts and cannot be applied to the payment of state duties.

For this reason, when filing claims arising from insurance, investment, banking and other similar relationships, the state duty is paid in full.

How to file a claim correctly

Until October 1, 2021, the plaintiff drew up a statement of claim, made copies of it and sent it to the court. There, the documents were examined, copies of the claim and a summons for the first court hearing were sent to the defendants' addresses. As of October 1, 2021, the situation has changed.

Now, in accordance with Art. 132 of the Code of Civil Procedure of the Russian Federation, the plaintiff is obliged to personally send copies of the statements of claim to the defendants, and to attach confirmation of sending to the documents submitted to the court. As practice shows, it is better to apply a similar approach to other statements and petitions to the court: send copies of them to the defendants by mail, and attach receipts to the submitted documents.

A description of the investment must also be attached to the application. To do this, when sending a copy of the claim to the defendant, you can make an inventory of the investment with the declared value. It can be symbolic, for example, one ruble. The main thing is that there is an inventory - it documents that the plaintiff actually sent the defendant a copy of the application, and not an empty envelope. It is advisable to do this, since there are known cases when the court left the statement of claim without consideration precisely because of the missing inventory of the investment.

Amount and payment of state duty

According to Art. 333.36 of the Tax Code of the Russian Federation, filing a statement of claim to protect consumer rights is not subject to state duty. An exception will be the amount of the claim in the amount of more than 1 million rubles. In this case, the state fee will need to be paid, its amount will be 13,200 rubles. for every million of the value of the claim. Also, in cases where the relationship between the seller and the consumer is a conditional factor, the state duty will have to be paid. This rule also applies to situations where the defendant is an insurance company. The only way to avoid paying state fees is to hire a public organization to represent your interests in court. She will not pay the state fee, regardless of the cost of the claim.

Payment of state duty on claims for the protection of consumer rights:

• contact the court office to find out account details;
• calculate and deposit funds through the cash desk of any bank;
• Take the payment receipt and attach it to the documents sent to the court.

The statement of claim will be considered accepted for processing only after the receipt is provided. Its absence will serve as grounds for refusing to consider the claim and postponing the start date of the trial to another day. If you do not know how to calculate the cost of state duty in your case, ask a lawyer for help.

Appeal on the RTD state duty

In accordance with Part 3 of Art. 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”, taking into account the requirements of paragraphs. 4 paragraphs 2 art. 333.36 of the Tax Code of the Russian Federation, statements of claim by plaintiffs, as well as other consumers of goods, works and services in disputes related to the protection of consumer rights, are not subject to state duty, regardless of the nature of the claim presented, as well as the amount.

Consumer state duty when filing a cassation appeal

1. 13,200 (amount established by law) + 2,000,000 (amount of claim) – 1,000,000 (part calculated otherwise) X 0.5%. In this case, the answer is 17200.
2. We calculate the amount of duty for a claim equal to one million rubles. To do this, 5200 (fixed size) + (1,000,000 – 2,000,000 (fixed size)) X 1%. In total we get 13200.
3. The final amount is 17200 - 13200 = 5 thousand.

If, when filing an administrative claim, claims of a property nature are stated, then one should be guided by the general method of determining the state duty, depending on the price of the claim: up to 20,000 rubles - 4% of the cost of the claim, but not less than 400 rubles; from 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles; from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles; from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles; over 1,000,000 rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Is it possible to defend your rights?

There are many cases of violation of consumer rights, and therefore judicial practice is extensive. Studying it, we can draw an encouraging conclusion: when rights are truly violated and there is evidence, filing a claim in court allows you to win the case. Difficulties arise only with the determination of moral damage and its size.

Usually, sellers of goods and services understand that they have little chance of winning in court and try to accommodate them even at the stage of receiving a claim. Therefore, it is better for the consumer to start with a pre-trial settlement: it is cheaper and does not last as long.

The moment of preparing a claim in court is the most critical, so it is good if an experienced lawyer handles the case. Contact us to schedule an initial consultation or to file a claim. Our lawyers will study the problem in detail, give practical advice, including on collecting evidence, and also draw up a legally competent claim.

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