Legal aid means that your (own) lawyer’s and court costs are covered by the state. You will receive legal aid if the intended lawsuit has a chance of success and you cannot afford the costs of the lawsuit due to your financial circumstances.
Anyone who receives unemployment benefit II or a basic security pension is generally not in a position to finance a lawsuit and has therefore already cleared the first hurdle. Otherwise, legal aid is interesting for those who have a remaining income of around €350 after deducting taxes, rent, heating costs, special expenses, etc. If you have more than this, legal aid can be granted in installments. This means that they must then pay a certain installment to the court cashier each month to finance the process.
The income situation must be substantiated by means of supporting documents (payslip, rental agreement, bank statements, etc.). For recipients of unemployment benefit II or basic security pension, the notification from the social welfare office is sufficient.
We will examine the prospects of success and apply for legal aid (if the case is assessed positively).
The legal aid form and further information can be found here.
Please note: If the case is lost despite legal aid being granted, the opponent’s legal fees must still be paid, as legal aid does not cover these.