Applying for legal aid

Citizens who, for personal and economic reasons, are unable to raise the financial resources necessary to exercise their rights, have the opportunity to apply for legal aid. Advisory assistance is provided for the exercise of rights outside of legal proceedings in all areas of law. Legal aid can be applied for for legal proceedings and representation there. In family and various other proceedings, it is referred to as legal aid. It includes: the assumption of court costs; the assumption of the costs of one's own lawyer (in the event of a defeat, however, the person seeking legal aid bears the costs of the opposing lawyer despite being granted legal aid); Legal aid is granted in accordance with the financial and income situation without or with an obligation to pay in instalments. If the obligation to pay instalments is ordered, the instalments are to be paid until the legal costs are covered, but in total not more than 48 monthly installments.

Proof of income (wage certificate, pension notice, social assistance notice, etc.) Receipts of running costs In the case of an application for legal aid, the dispute must be described in detail


Preconditions
For the counselling assistance: You cannot raise the necessary funds for pre-litigation legal advice on the terms of your personal and economic circumstances. other possibilities for help that you can be expected to use are not available (e.B. debt counseling) and the use of counselling assistance does not appear to be wilful. For the granting of legal aid: You are unable to raise the necessary funds for the judicial proceedings for which assistance is requested because of your personal and economic circumstances. d he intended prosecution or legal action has a chance of success and t he exercise of rights is not wanton.

Hints
In the event of initial inaccuracy of the information or capital gain, the advisory assistance permit can be revoked by the advisory assistance. If legal aid is granted, the court may examine whether your economic circumstances have changed significantly up to four years after the end of the proceedings. This may entail changes to the approval decision. In the event of a breach of your notification obligations, the granting of legal aid may be revoked. The same applies in the event of incorrect information and qualified arrears in the payment of ordered instalments.
If you wish to apply for advice, you can do so yourself or through your lawyer. If counselling assistance is granted, you will receive a certificate of eligibility. This allows you to contact a lawyer of your choice. If a lawyer is consulted first, he /- r can also subsequently submit an application for approval of the advisory assistance. You can submit an application for legal aid yourself or submit it through your lawyer.

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Last update or date of publication
20.08.2019