Apply for legal aid: You need to know that
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When you apply for legal aid, you need to follow certain rules to be able to receive assistance. In principle, this type of help is available to everyone who is socially disadvantaged in Germany. We explain everything you need to know in this post.
Applying for legal aid: the requirements
The possibility of applying for legal aid should make it possible for everyone in Germany to conduct a legal dispute regardless of how much money is available to you. However, there are a few rules that you need to consider when applying for legal aid.
- Legal aid can only be requested for litigation in court. You can request advice assistance for extrajudicial negotiations.
- In principle, every socially weak person in Germany can apply for legal aid. However, the grant is subject to certain conditions and the amount of the grant is limited.
- A basic requirement for the granting of legal aid is that the chance of winning the legal process is very high. The court must have an explanation of the process so that it can decide whether there is a chance of winning.
- In addition, the applicant's income may not exceed a certain amount. This means that the process costs must not be able to be paid by the applicant all at once.
- More precisely, this means that the rest of the net income after deducting child and spouse maintenance, rent, heating costs and more must not exceed EUR 15. If the remaining net income exceeds the 15 euros by a small amount, the allowance may be smaller.
- It is also important to know that legal aid is always a loan, which you have to pay back in a maximum of 48 monthly installments after the end of the process.
- Should you lose the lawsuit again, you will have to pay the other party's legal costs. This does not cover legal aid.
How to apply for legal aid
Below we explain how to proceed to apply for legal aid and where to submit the application for it to be effective.
- You can easily download the application for legal aid online. You can find the form here.
- Fill out the form truthfully and completely. Evidence of the amount of the benefit, for example, must also be enclosed.
- You must also include an explanation of the purpose of the trial and, if necessary, provide evidence that will ensure the court that the trial can go in your favor.
- Finally, send the application for legal aid to the competent court, which would also lead the lawsuit.
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