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statutory fee

If you intend to file a lawsuit in New York, you should be aware of all the fees that must be paid. In addition to paying your lawyer, you may be required to pay court fees. Statutory fees are one of the most common costs that litigants face. Are you curious about the New York statutory fee? Continue reading to learn everything there is to know about New York statutory fees.

Statutory Fee

A statute in some jurisdictions may limit the amount of money a legal professional can charge for a service. The statutory fee becomes effective in cases involving matters of public concern, such as willful pollution of the environment, or significant violations of constitutional rights, such as civil rights violations under federal law, whether by federal statute or state law. This is common in both probate and bankruptcy proceedings. As a result, the fee you will pay your lawyers for these proceedings must be approved or dictated by a court.

The American Bar Association, also known as the ABA, proposed a statutory scheme to standardize minimum fees for legal representation some time ago. Their main goal was to avoid fee-cutting competition while maintaining the integrity of the legal field. However, the United States Supreme Court ruled in 1975 that scheduling minimum fees violated the Sherman Anti-Trust Act. Nonetheless, many state and federal laws limit the maximum legal fees that attorneys can charge for certain issues, such as probating a will or filing a medical malpractice lawsuit.

The state laws that award lawyer fees, provide a fixed fee or percentage, or require court approval for a proposed fee are too numerous to list here. Some of the federal civil rights statutes that require attorney fees include:

  • Individuals with Disabilities Act
  • Fair Housing Act
  • Civil Rights Act of 1964, Title II, Title III, and Title VII
  • Age Discrimination in Employment Act
  • Fair Labor Standards Act
  • Equal Credit Opportunity Act
  • Voting Rights Act
  • Rehabilitation Act, among others.

Who pays statutory fees in New York?

A statutory fee is a money that you must pay to the court in order for your case to be heard. In most cases, this is a predetermined fee set by a court or a statute. You are responsible for paying for it once it has been approved. In New York, statutory fees are typically paid by the litigant.

What amount should you expect to pay?

The amount of money you must pay is determined by the court and the type of case. These fees are usually location-specific. These fees are typically set by county governments. To learn more about these fees, you should contact your local courthouse.

However, if you are required to pay a statutory fee, you will not be subject to any additional markup. You will only cover the costs that your country requires. The county government ensures that you are aware of what you must pay in advance.

expenses

What other fees should I expect to pay in my court case?

Each court is different. But there are other fees you may have to pay even if you didn’t start the case. These include:

  • Filing fees: This is the amount of money you must pay the court to begin your court case
  • Service fee: This is the amount of money you pay to the sheriff or process server to serve or deliver the papers to the other side in your case.
  • Witness fee: This is the amount of money you pay a witness to testify at trial, you will have to pay the witness a fee.
  • Mediation fee: In some states. If you file a family law case involving children, the court may charge you a fee to have a mediator help you and your child’s other parent agree about your children.
  • Appeal fee: This is the amount of money payable to appeal or ask a higher court to review your case to determine if the previous judge made any mistakes in their ruling.

When should I make these payments?

Unless stated otherwise, statutory fees are payable when you file documents or start any process that requires a fee.

  • The amount you need to pay depends on your claim or case.
  • You may need to pay multiple fees
  • The statutory fees do not include any fees payable to a solicitor hired to represent you

In most cases, you will not be required to pay this fee right away. Instead, you will be charged for this fee. You will be able to pay the statutory cost later. If your organization is involved in a court case, the fee will be passed on to them by the court.

Methods of payment

Courts accept statutory fee payments by cash, debit or credit cards, cheques, or postal orders. Online court services can be paid for by credit or debit card.

What happens if I can’t afford the statutory fees?

Inquire with your lawyer about waiving (setting aside or forgiving) the court fee. If you do not have an attorney, you can contact your local legal aid office to learn how they can assist you in having certain statutory fees waived. Fill out a fee waiver request form to ask the judge to waive some or all of the court fees. Simultaneously, each court has its own set of rules. You may be able to have some or all of your court fees waived if you meet the following criteria:

  • You do not have enough income to support your family and pay the court fees.
  • You are receiving public benefits such as food stamps, welfare, or SSI benefits.

Need legal representation?

The law in Queens, New York, requires law firms and lawyers to disclose information about a variety of things, including legal fees and how they are calculated, charged, and billed. Gregory Spektor & Associates commitment to legal fee transparency ensures that our clients are not surprised.

We charge a reasonable fee for excellent legal services and give our clients an early estimate of the cost of each stage of their case. We will provide you with a service agreement that includes all of these items once we reach an agreement. Call us today at 800-318-8888 to find out how we can assist you.

About The Author

Gregory Spektor

Gregory Spektor

Gregory Spektor, Esq. received his Bachelor of Science in Computer Engineering Degree from NYU Poly in 1994 and thereafter his Juris Doctor Degree from Touro College Jacob D. Fuchsberg Law Center in 2006. more…