Advance payment (right)
An advance payment in the sense of an advance payment for court costs is of particular importance in procedural law .
According to the slogan “No shot, no ius” ( Latin: ius , law), which is widespread in legal circles , a lawsuit in civil proceedings should not be served on the opponent without paying an advance to the state treasury . Because § 12 Court Fees Act (GKG) provides that the action in civil litigation with the exception of legal consequences of divorce only after payment of the required fee delivered are intended . The courts usually only serve after payment. Even in the dunning procedure , the legal dispute is only continued after objection and submission to the ordinary procedure when the full court fees have been paid. Judicial acts in enforcement proceedings are also made dependent on the payment of an advance.
Persons who have been granted legal aid are exempt from the advance payment . The advance payment is also not levied if it is made credible that the immediate payment of the costs would cause difficulties for the plaintiff or applicant. Likewise, delivery will be made without an advance payment if it can be credibly demonstrated that the request and payment of the advance payment would result in a disadvantage that is difficult or impossible to replace. In this case, the declaration of the attorney authorized to act is sufficient for substantiation . In practice, the most important case is the filing of a complaint shortly before the limitation period expires .
A lawyer can also demand an advance payment for his work in accordance with Section 9 of the Lawyers' Remuneration Act (RVG).
