Court Fees in Jordan

Court fees are the charges levied for filing lawsuits in Jordan. The specific fee amount is determined by the official court fee schedule, which outlines fees for various types of cases. When a lawsuit is initiated, a specified sum is paid to the court handling the legal matter, and this amount is deposited with the court registry. These fees are governed by both legal statutes and general legal principles.

What Are Court Fees?

Court fees are the financial charges imposed for a lawsuit that is scheduled to be heard by the court. These fees are paid when registering or filing the lawsuit with the court.

Determining Court Fees

The court fee payable for a lawsuit is determined based on the nature of the case. The financial value of the lawsuit is a key factor in calculating the fees.

In cases where the financial value is not predetermined, the judge may estimate the court fees. In appeal or privilege cases, the judge will assess the fee amount, and the plaintiff is obligated to pay it.

Multiple Claims in a Single Lawsuit

If a lawsuit involves more than one claim, the court fees paid will cover all claims within that lawsuit.

If there is a counterclaim within the lawsuit, the court fees will also cover it, unless the counterclaim is filed as a separate case.

In cases where a lawsuit is dismissed but refiled within six months, the plaintiff is required to pay half the original court fees. If the lawsuit is refiled after more than six months, the full court fee must be paid again.

Court Fee Regulations

According to Article 6 of the Court Fee System:

No legal document, claim, or other document subject to court fees can be used unless the fee has been paid in advance, except in cases where the party has been legally exempted from paying the fee. The court president may also decide to postpone the payment of fees at their discretion.

General legal principles dictate that legal texts must be interpreted to understand the intent and purpose of the legislator, ensuring that the legal meaning of the text is clear.

In Articles 5 and 6 of the Court Fee System, the legislator has defined the court fees that must be paid for lawsuits and related requests in both first instance courts and appellate courts.

According to Article 22 of the court fee schedule, the fees for appellate cases are collected according to the same rules as those for first instance courts, with the fee amount depending on the value of the appellate case.

If the appellate court reviews an appellate case and only the fee paid by the appellant is considered, without the payment of the initial court fees by the specified deadline, the decision may be deemed premature.

Reimbursement of Court Fees

If the court issues a judgment against the defendant, the court fees and other lawsuit-related expenses are added to the amount awarded, and these fees are collected from the judgment amount without requiring a separate ruling.

Court Fees in Conciliation Cases

For conciliation cases, court fees are calculated at a rate of 3% of the lawsuit’s value. The fee must not be less than ten Jordanian Dinars and must not exceed the upper limit set for primary cases, unless otherwise specified.

Court Fees in Primary Cases

For primary cases, the court charges a fee of 3% on the first ten thousand Jordanian Dinars, 2% on the next ten thousand, and 1% on any amount exceeding that, up to 200 Jordanian Dinars. The total court fee should not exceed 1,200 Jordanian Dinars.

Fees for Indeterminate Cases

• Conciliation Cases: The court fees are estimated by the Conciliation Judge and should not be less than ten Jordanian Dinars or more than fifty Jordanian Dinars.
• Primary Cases: The fee is determined by the court president or their delegate and should not be less than twenty-five Jordanian Dinars or more than two hundred Jordanian Dinars.

Fees for Rental Disputes

In rental disputes, whether concerning the delivery or evacuation of rented property, the court fee is calculated at 3% of the annual rental value, with a minimum fee of ten Jordanian Dinars and a maximum of one thousand Jordanian Dinars.

Fees for Dispossession or Partition Lawsuits

A fee of 2% of the value of the immovable property is charged, with a minimum fee of twenty Jordanian Dinars and a maximum of two hundred Jordanian Dinars.

Criminal Conciliation Judgments Fees

A fee of 10% of the fine imposed is charged. In the case of a prison sentence, a fee of 100 fils per week of the sentence is applied. Any part of a week is considered a full week.

Fees for Primary Criminal Judgments

A fee of 10% of the imposed fine is charged. In the case of a prison sentence, a fee of one Jordanian Dinar per month is applied. Any part of a month is considered a full month.

Additional Expenses in Primary Criminal Judgments

Additional expenses, such as expert and medical fees, witness expenses, and costs incurred due to multiple defendants, may be added to the court fees.

Fees for Frivolous Lawsuits

A plaintiff filing a frivolous lawsuit must pay a fee of no less than fifty Jordanian Dinars and no more than one hundred Jordanian Dinars, in addition to any investigation expenses and costs incurred by the defendant due to the complaint.

Personal Rights Claim Fees

Fees for personal rights claims are collected in accordance with criminal lawsuits and the fees applicable in primary civil cases. A plaintiff cannot appear before the court as a personal rights claimant until the required fees have been paid.

Fees for Defendants Acquitted of Charges

If a person is acquitted of the charges against them, no fees or costs are imposed on the acquitted party. However, the court may require the plaintiff to pay court fees ranging from ten to one hundred Jordanian Dinars, along with any other expenses incurred during the case.

For more information about court fees based on the value and type of your case, our experienced lawyers are ready to assist you with legal advice and guidance tailored to your needs.

How Long Does a Lawsuit Take in Jordan?

The duration of a lawsuit, from its initial stage to its final resolution, involves various phases, each contributing to the overall time required to resolve the case. In this article, we will discuss the time it takes for a lawsuit to go through the judicial process in Jordan.

How Long Does a Lawsuit Take?

Some cases in Jordan can be resolved relatively quickly, especially those that follow a fast-track process or have an urgent nature, such as labor disputes. Generally, there is no specific legal provision that dictates how long a case should take, except in certain types of lawsuits and arbitration. The time required to reach a final verdict depends on the type of case and the complexity or simplicity of its details.

Time Taken at the First Instance Court

The First Instance Court is where a lawsuit is initially filed and registered. These courts in Jordan are divided into Magistrate Courts and Courts of First Instance, each having specific jurisdiction based on the type and value of the case.

The division of courts and their respective jurisdictions helps in distributing cases, thereby expediting the resolution process. For instance, if a case’s value is less than 10,000 Jordanian Dinars, it falls under the jurisdiction of the Magistrate Court. If the value exceeds 10,000 Jordanian Dinars, the Court of First Instance handles it.

Stages of a Lawsuit

First, it’s essential to differentiate between civil lawsuits and criminal lawsuits, as they go through different phases.

• Civil Lawsuits: These begin with the registration of the lawsuit, followed by the trial phase, and then the issuance of the judgment.
• Criminal Lawsuits: These can be initiated either by public prosecution or by a complaint from the victim. Public prosecution cases begin with the public prosecutor gathering evidence and conducting investigations before the trial and final judgment. In cases requiring a complaint from the victim, the process starts with the complaint, followed by investigation, evidence collection, and finally, the judgment.

Registration of the Lawsuit

Registering a lawsuit involves filing the case with the court’s registry, which includes submitting the lawsuit file containing the necessary documents and information.

The lawsuit file should include the plaintiff’s name and national identification details, the defendant’s information, the subject of the case, its value, relevant facts, and the plaintiff’s requests. The file should also contain all supporting documents and evidence, with multiple copies available for review.

Exchange of Pleadings

The exchange of pleadings is the process of delivering a copy of the lawsuit to the defendant, giving them the opportunity to respond within a legally specified time frame. This exchange usually occurs before the court hearing.

Some lawsuits do not require an exchange of pleadings. In such cases, the court schedules a hearing within ten days of the lawsuit’s registration.

If the defendant fails to submit their pleadings within the legal timeframe, they lose the right to do so and must rely solely on their final defense statement, which should include their objections and arguments.

Judicial Notification

Judicial notification is the process of informing the defendant about the lawsuit filed against them. This can be done through the court’s notification department or via other means like postal service.

With technological advancements, judicial notifications can also be sent via email, personal accounts, or even through SMS or phone calls.

Absence of the Defendant from Court

The defendant’s presence at the court hearing significantly impacts the progress of the lawsuit and the court’s ruling. If the defendant is absent despite being properly notified, the court may continue with the proceedings and reach a final judgment.

Lack of Notification

If the defendant is not properly notified of the lawsuit, the hearing may be postponed until notification is ensured. Proper notification is crucial as it affects the defendant’s ability to defend themselves and the overall progress of the case.

Fast-Track Litigation

Fast-track litigation is a process introduced by the Jordanian Ministry of Justice for certain lawsuits. Cases that qualify for fast-track litigation typically involve amounts up to 3,000 Jordanian Dinars or less. In cases where the value is not specified, an estimated value is determined by a specialized judge.

For fast-track cases, the court schedules a hearing within a week of the lawsuit’s registration, and a final judgment is issued within three months.

Judicial Appeals

Judicial appeals are the application of the principle of two-tier litigation. An appeal is a legal challenge to the first court’s decision by the party adversely affected by the judgment, requesting a review of the case.

Although appeals may delay the final resolution of the lawsuit, they are a safeguard for ensuring justice. It is important to note that appeals can only be made once.

The management of the lawsuit aims to streamline the procedures and oversee the case’s progress, with the judge striving to issue a judgment that aligns with the evidence, testimonies, and information presented in the case.

Conclusion: How Long Does a Lawsuit Take?

The duration of a lawsuit in Jordan varies depending on the type of case, its complexity, and the efficiency of the legal process. While some cases may be resolved quickly, others may take longer, especially if they involve multiple stages and appeals.

Attorney Fees in Jordan

Attorney fees in Jordan refer to the monetary compensation that an attorney receives from their client in exchange for legal services provided. These fees reflect the intellectual and physical effort exerted by the attorney, whether it involves legal consultation, legal research, representation in a lawsuit, or advocacy in a case. This article will explore how attorneys are compensated in Jordan and how these fees are calculated.

Attorney fees in Jordan are the rightful compensation for services rendered by the attorney to their client, in accordance with the traditions, ethics of the legal profession, and the legal regulations governing them. They are not considered wages, nor can they be seen as a gift or donation.

Attorney fees also carry an element of appreciation for the attorney’s efforts and talent. Islamic jurisprudence has recognized applications of attorney fees through the contract of agency.

These fees are one of the attorney’s rights and, at the same time, an obligation that the client must fulfill in return for the services provided by the attorney.

Article (45) of the Jordanian Bar Association states: The attorney has the right to receive compensation for the work performed within the scope of their profession.

In this article, we will discuss in detail the definition and the basis for determining attorney fees in Jordan:

Definition of Attorney Fees in Jordan

Attorney fees in Jordan are the compensation an attorney receives for performing legal work. The tasks that qualify as legal work are defined by the Jordanian Bar Association Law. Generally, attorney fees may be the attorney’s sole source of income, with some exceptions, as the law prohibits attorneys from engaging in other professions, including commerce.

Attorney fees are not fixed at a specific percentage or amount, although there is a general guideline that fees should range between 5% to 25% of the value of the case. The fees are subject to an agreement between the attorney and the client. If no agreement is in place, a specialized committee within the Jordanian Bar Association, known as the Fee Assessment Committee, determines the fees. There is no strict rule regarding fees; an attorney may require a percentage, a lump sum, or an hourly rate, though the latter is less common in Jordan and other Arab countries. The calculation of attorney fees depends on multiple and interconnected criteria. However, Jordanian legislation does not specify any criteria to guide this process, unlike many other legal systems. For this reason, we have chosen to provide some observations regarding the elements of fee assessment.

How Much Are Attorney Fees in Jordan?

A common question arises regarding how much an attorney’s fees are in Jordan and whether they are predetermined or subject to negotiation.

Attorney fees in Jordan can be calculated based on the following criteria:

1. The attorney charges fees according to the contract with the client, provided that these fees do not exceed 25% of the real value of the disputed amount, except in exceptional cases, which are assessed by the Jordanian Bar Association.
2. If the attorney’s fees are not explicitly agreed upon, the Jordanian Bar Association determines the fees after inviting both parties, considering the attorney’s effort, the importance of the case, and all other relevant factors.
3. If additional cases arise from the agreed-upon dispute, the attorney has the right to claim fees for them.
4. The court, upon the request of the opposing party, must award attorney fees, determining the amount, which should not be less than 5% of the awarded amount in the primary stage and should not exceed 1000 dinars in any case, regardless of the amount awarded. Attorney fees in the appellate stage should not exceed half of what was awarded by the primary court.

When Are Attorney Fees Paid in Jordan?

Payment of attorney fees in Jordan is typically governed by the fee agreement and usually falls into one of three scenarios:

1. Full Advance Payment: This is common in minor cases.
2. Conditional Success Payment: Fees are due only upon winning the case, usually in civil cases where the opposing party can pay the awarded amount, such as the state or companies.
3. Partial Advance Payment with Balance on Success: This is common in cases requiring high expenses, often in criminal cases where part of the fee is paid upfront, and the balance is due upon success.

Principles for Determining Attorney Fees in Jordan

To achieve justice for both the attorney and the client, attorney fees in Jordan should be determined based on objective criteria. We will discuss these criteria and the role of mutual agreement in determining these fees.

Assessing Attorney Fees in Jordan

Article (46) states:

1. The attorney charges fees according to the contract with the client, provided that these fees do not exceed 25% of the real value of the disputed amount, except in exceptional cases, which are assessed by the Jordanian Bar Association.
2. If the attorney’s fees are not explicitly agreed upon, the Jordanian Bar Association determines the fees after inviting both parties, considering the attorney’s effort, the importance of the case, and all other relevant factors.
3. If additional cases arise from the agreed-upon dispute, the attorney has the right to claim fees for them.
4. The court, upon the request of the opposing party, must award attorney fees, determining the amount, which should not be less than 5% of the awarded amount in the primary stage and should not exceed 1000 dinars in any case, regardless of the amount awarded. Attorney fees in the appellate stage should not exceed half of what was awarded by the primary court.

The main takeaway from the above text is that the primary basis for determining attorney fees is the contract between the attorney and the client, followed by the discretionary authority of the Jordanian Bar Association, and then the court’s discretionary power.

Attorney fees can also be determined according to the importance of the case, the time it took to resolve it, the attorney’s experience and effort, the results achieved, and the client’s financial capacity.

It’s essential to note that law practice is not a commercial profession, nor should an attorney provide services for free or for very low fees, as this would damage the reputation of the profession.

In addition to these factors, a judge may introduce new criteria for assessing fees based on their discretion. Below is a detailed explanation of the most important criteria mentioned:

First: The Importance of the Case

The importance of a case can be viewed from two perspectives: its personal significance to the client and the potential impact of the case, and the complexity of the legal issues involved.

The Constitutional Court has considered attorney fees a key objective factor that assists in fair fee assessment. The importance of the case is determined by the potential benefit or interest to the client and whether it is a matter of public concern.

In practical terms, factors like the annual office rent, operating costs, and the client’s financial situation are considered when assessing attorney fees.

Second: The Effort Exerted by the Attorney

Article (55) of the Jordanian Bar Association Law states: The attorney must defend their client with honesty and dedication and is responsible for exceeding the limits of their mandate or for gross negligence.

Many Jordanian Court of Cassation decisions emphasize that attorney fees should correspond to the effort exerted, stating that “attorney fees should be proportional to the effort exerted.”

Third: The Time Spent by the Attorney

Time is an important factor in determining attorney fees. Attending investigation sessions, preparing briefs, submitting documents, and other tasks related to case management take considerable time and should be compensated appropriately.

The attorney’s experience, skill, and the results achieved are also crucial factors in determining fees. Cases vary in difficulty, and rights can be complex and entangled. The attorney’s dedication to their work in defending their client’s rights is another significant factor in fee assessment.

The Role of Agreement in Determining Attorney Fees in Jordan

Attorney fees are typically determined through a mutual agreement between the attorney and the client, specifying the amount and method of payment. The mutual agreement is the default in fee assessment.

The agreement on fees can be either written or verbal, as detailed below:

First: Written Agreement

A written agreement acts as a contract between the attorney and the client, specifying the attorney’s fees for performing legal work. It is subject to the general principles of civil law.

To facilitate and simplify the agency contract for both parties, the Jordanian legislator does not require a specific form for writing. The agreement can be inferred from correspondence, invoices, fax documents, and other similar methods.

Fees can also be agreed upon to be paid monthly or annually in regular installments. Since the contract is the law between the contracting parties, the written agreement between the attorney and the client is binding for both.

Second: Verbal Agreement

A verbal agreement may lead to legal issues due to the difficulty of proving it if one party denies the agreement’s existence. While there is no problem if both parties adhere to the agreement, issues arise when one party denies it, placing the burden of proof on the attorney.

In case of a dispute over a verbal agreement, the Jordanian legislator has established that the competent body to resolve the dispute is the Fee Assessment Committee of the Jordanian Bar Association.

The Bar Association invites both parties and assesses the fees based on several factors, including the importance of the case and the attorney’s effort, as outlined in the second paragraph of Article (46) of the Jordanian Bar Association Law.

To avoid such disputes, it is preferable to have a written agreement to protect rights and prevent conflicts.

Source:
Fees, Expenses, and Attorney Fees in Jordan.

The Top 5 Lawyers in Amman

The Top 5 Lawyers in Amman According to Client Reviews and Experience
Choosing the right lawyer is crucial when facing any legal matter. In Amman, the legal field is filled with many distinguished lawyers, but selecting the best one can be challenging. Based on client reviews and their extensive experience, we present a list of the top 5 lawyers in Amman:

Experience as a Criterion for Lawyer Evaluation

A lawyer’s experience is one of the most important factors to consider when choosing legal representation. An experienced lawyer has acquired in-depth knowledge of laws and judicial procedures, enabling them to analyze cases accurately and anticipate potential obstacles. Their experience in handling similar cases allows them to develop effective defensive or offensive strategies, increasing the chances of their client’s success.
Additionally, a lawyer’s experience contributes to building a strong network of relationships with various stakeholders within the judicial system, including judges, other lawyers, and legal experts. These relationships can facilitate negotiation and settlement processes, expedite litigation procedures, and enhance the chances of obtaining favorable results. Therefore, selecting a lawyer with extensive experience in your area of need is a wise investment that increases your chances of achieving justice and protecting your rights.

Success in Cases as a Criterion

Successful cases are an important measure of a lawyer’s competence and skills. Each successful case added to a lawyer’s record reflects their ability to understand and effectively apply laws, develop successful legal strategies, negotiate skillfully, and defend their client with strength and persuasion. Successful cases help build a lawyer’s reputation, boost their confidence, and make them a preferred choice for clients seeking distinguished legal representation.

Income as a Criterion

Choosing the right lawyer is crucial when facing any legal matter. In Amman, the legal field is filled with many distinguished lawyers, but selecting the best one can be a challenge. Based on client reviews and extensive experience, as well as their annual income as an indicator of the volume and importance of the cases they handle, we present a list of the top 5 lawyers in Amman:

Successful Cases as a Criterion

Successful cases can be divided into two main types: cases where a judgment is obtained in favor of the client and cases where a satisfactory settlement is reached for both parties. Both types reflect the lawyer’s skill in achieving the best possible outcome for their client, whether through judicial procedures or negotiation. Potential clients should consider both types of successful cases when evaluating a lawyer’s record, as they reflect their ability to handle a variety of cases and achieve positive outcomes for their clients.

Hourly Rate

In addition to the hourly rate as an indicator of their level of expertise and specialization, we present a list of the top 5 lawyers in Amman:

Important Notes:

• This list is not exhaustive and may not include all distinguished lawyers in Amman.
• It is always recommended to conduct thorough research and contact lawyers directly to discuss your case before making any decision.
• To find the contact information for a Jordanian lawyer or lawyers, search for the lawyer with the relevant experience.
• Client reviews may vary based on personal experiences, so it is important to read multiple reviews before making a final decision.

We hope this list helps you find the right lawyer to represent you in your case.

Debt Collection in Jordan

Debt Collection in Jordanian Law: Between Flexibility and Challenges

Timely repayment of debts is a testament to commitment and honor. However, in practice, disputes often arise between individuals and companies regarding outstanding debts. Delayed or avoided repayments can trigger a series of financial difficulties, affecting the creditor’s ability to meet their own financial obligations to others. Consequently, there is a growing need for effective legal mechanisms to recover debts, leading to the emergence of specialized law firms in this field in Jordan.
Debt Collection Offices: Their Role and Operating Mechanisms
Debt collection offices function as specialized legal entities focused on the settlement and collection of various types of debts, whether due or overdue. Creditors turn to these offices when they face difficulties in recovering their debts independently. Debt collection attorneys represent creditors, providing necessary legal advice and taking appropriate legal actions to recover the owed amounts. In this context, our firm represents creditors in recovering their debts from defaulting debtors, whether individuals or companies, through a team of specialized attorneys with the experience and knowledge needed to achieve the best possible results for our clients.
The Legal Framework for Debt Collection in Jordan
There is no specific law exclusively governing debt collection in Jordan; instead, it is subject to various laws and regulations. If the debt is between ordinary individuals, it falls under the provisions of civil law. However, if it involves merchants, it is regulated by the Commercial Law. In the case of bank debts, the Banking Law applies. It is also worth noting that purchasing debts is not allowed in Jordan, which limits the collection process to the original creditors or their legal representatives.
Means of Proving Debt in Jordanian Law
The burden of proving the debt rests with the creditor, and the means of proof vary between written documents, witness testimonies, and circumstantial evidence. An official document, such as a notarized bond, is the strongest form of evidence, followed by an ordinary bond that includes a signature, stamp, or fingerprint. Witness testimonies may also be used in certain cases where written evidence is unavailable.
Procedures for Enforcing a Debt Bond
Once an enforceable bond is obtained, the creditor can request its enforcement from the Execution Department, where the debtor is notified to pay within a specified period. If the debtor fails to comply, other enforcement actions, such as seizing the debtor’s assets or imposing a travel ban, may be taken.
Statute of Limitations on Debts: A Critical Point
Debt is subject to a statute of limitations under Jordanian law, meaning it cannot be claimed after a certain period has elapsed. The limitation period varies depending on the type of debt. For debts documented by a paper, the limitation period is fifteen years, while it may be shorter in other cases.
Debt Collection Offices in Jordan: Their Services and Specializations
Debt collection offices are widespread in Jordan and offer a variety of services, including the collection of commercial, consumer, bank, and insurance company debts. These offices are distinguished by having attorneys specialized in this field, ensuring the provision of high-quality legal services.
Challenges Facing Debt Collection in Jordan
Despite the flexible legal framework governing debt collection in Jordan, several challenges remain. The most notable of these challenges are the lengthy and costly legal procedures, as well as the difficulty in accessing certain financial information about debtors.
Some law firms and legal consulting companies are distinguished by their extensive experience and specialization in the field of debt collection. Our legal team includes a select group of experienced attorneys who handle all necessary legal procedures for efficient and effective debt collection, from amicable negotiations to litigation before the competent courts. The debt collection department at our firm offers comprehensive and integrated services to our valued clients, including legal consultations, contract and agreement preparation, and monitoring the enforcement of judicial rulings. At [Company Name], we are committed to achieving the best outcomes for our clients and safeguarding their financial interests and rights.
Conclusion
Debt collection is a vital process for the Jordanian economy, contributing to the stability of financial transactions and enhancing trust between the involved parties. With the evolution of legislation and the diversification of services offered by debt collection offices, it is expected that this process will see further development and efficiency in the future.