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A query was raised regarding whether a claimant is entitled to a refund of court fees after a defendant pays the debt in a monitoring procedure. The DGT ruled that no refund is due as the legal requirements for full admission of liability or a settlement have not been met.
Cuestión planteada Si tiene derecho el actor que inició el procedimiento monitorio a la devolución de la tasa judicial.
La Ley 10/2012 solo contempla la devolución parcial de la tasa por ejercicio de la potestad jurisdiccional en supuestos de allanamiento total, acuerdo que ponga fin al litigio, reconocimiento de pretensiones por la Administración o acumulación de procesos. Al no producirse un allanamiento total, no procede la devolución de la tasa satisfecha.
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