Prerequisites
- The procedure must not yet be completed
- You have no other legal protection
- There is no entitlement to legal aid or procedural costs if legal expenses insurance or another body would cover the costs.
- It will also not be granted if someone else has to pay the costs due to a legal maintenance obligation (advance payment of legal or procedural costs). This can be spouses or registered life partners or, in the case of an unmarried child, the parents or one parent.
- Chance of success
- The intended legal action (e.g. a lawsuit) or legal defense must offer sufficient prospects of success. In order for legal aid or procedural aid to be granted, the outcome of the proceedings must at least be open, ie your position must be legally defensible and evidence must be possible. If this is only partially the case, legal aid will only be granted in part.
- You must attach a draft of the intended action or motion to support this point.
- No malicious legal action
- The pursuit or defense of the law must not be frivolous. Frivolousness exists when a reasonable person in your situation would refrain from pursuing or defending the law if they had to bear the costs themselves.
- Special personal and economic circumstances
- You must be financially needy, i.e. you cannot cover the costs of the legal proceedings or can only cover them in part.
- To finance legal proceedings, you must also draw on your assets (in particular savings) to the extent that this is reasonable for you.
- You also have to use your (net) income. However, various amounts are deducted from this in your favor, for example housing costs or certain allowances if you are employed or have to pay maintenance. The exact calculation of the income to be used can be complicated in individual cases and is carried out by the court based on the information you provide on form ZP 1a.
- If the remaining income is less than 20.00 euros, you can be granted legal aid or legal costs aid without paying any installments. If the income you have to use is higher, you will be required to pay installments for a maximum period of 48 months. If your financial situation improves significantly, you may be required to make further payments. If it deteriorates, the installments can be reduced or canceled.
- If you have been granted legal aid or procedural aid, you must inform the court immediately and without being asked to do so at any time of any changes to your personal and financial circumstances. This also includes a change of address if you move.
Documents required
- Application for legal aid and procedural costs
- proof of income or tax assessment
- rental agreement (reasonable rental costs are taken into account)
- Other documents regarding expenses, income and assets (e.g. wage certificates, notices regarding unemployment benefits or assistance) as well as documents regarding monthly financial burdens.
- You or your appointed lawyer must submit the application in writing and provide reasons for it. You can also submit the application during ongoing proceedings, but not once the proceedings have already ended.
- Completed form "Declaration of personal and financial circumstances"
- Be sure to fill out the declaration completely and answer every section. The declaration must be dated and signed by you (by hand).
- You must submit the declaration to the court in German.
- You can find out which documents and receipts you need to enclose in the information sheets and the instructions for completing the form.
Please note
You are obliged to inform the court, without being asked to do so, immediately and without delay of any significant improvements in your financial situation or any change in your address during the court proceedings and within a period of four years from the final decision or other termination of the proceedings.
In the case of ongoing income, any improvement of more than 100.00 euros (gross) per month that is not a one-off must be reported. If the deductions claimed are reduced, you must also report this without being asked and immediately if the relief exceeds 100.00 euros per month on more than a one-off basis.
The granting of legal aid or procedural aid may be revoked in the event of a breach of this obligation, with the result that the entire costs must be paid retroactively.
Please note:
Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
Deadlines
- Legal aid or procedural aid are generally not granted retroactively. You should therefore submit your application as early as possible.
- The approval is always valid only for the respective instance.
- For subsequent proceedings, you must apply for legal aid or procedural costs again. This also applies to cases such as
- enforcement of a judgment after a successful trial
- Appeal or complaint after a lost case (deadline for filing an application: period for filing an appeal with the appeal court)
- appeal or complaint proceedings at the instigation of your opponent
- The court checks at regular intervals whether the conditions for granting legal aid or procedural costs aid are still met.
