Legal aid: conducting a lawsuit even without money

Anyone who has to conduct court proceedings but cannot afford the costs is often entitled to legal aid (PKH). The state then covers court and lawyer costs, wholly or against installments. The prerequisites are low financial means and sufficient prospects of success.

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Your chances of getting your money back

You get legal aid if you cannot raise the costs according to your personal and economic circumstances and the pursuit of the case has sufficient prospect of success and is not frivolous (§ 114 ZPO).

Depending on income, PKH is granted without or with installment payment. If your financial situation improves considerably later, a subsequent payment can be demanded, within a limited period.

What you should do now

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1. Assess the prospects of success
PKH is only available if your matter has sufficient prospects of success. A brief legal assessment helps.
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2. Fill out the form
Fill out the 'declaration on personal and economic circumstances' and attach proof (income, rent, burdens).
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3. File the application with the court
Submit the PKH application to the competent court, ideally together with the lawsuit or defense.
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4. Await the grant
If PKH is granted, the costs are covered (possibly against installments). In case of refusal, you can file a complaint.

How to spot the scam

You forgo your right because you fear the costs; PKH can solve this.
You provide incomplete details on income and burdens.
You do not report later significant income improvements.

Frequently asked questions

Who gets legal aid?

Anyone who cannot raise (all of) the costs of proceedings according to their personal and economic circumstances and whose pursuit of the case offers sufficient prospect of success and is not frivolous (§ 114 ZPO).

Do I have to repay PKH?

Depending on income, it is granted without or with installment payment. If your economic situation improves considerably within a certain period, the court can order a subsequent payment.

How do I apply for legal aid?

With the official form on your economic circumstances plus proof, submitted to the competent court, ideally together with the lawsuit or defense. In case of refusal, a complaint is possible.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.