Last updated: 16.01.2024, 08:16 a.m.
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Being right and being right are two different things – as the saying goes. To ensure that law does not become a privilege, there are subsidies for people with little money.
Munich – "I can't afford a trial". This sentence is often used when low-income earners have a dispute that can probably only be solved legally. Is that true? Isn't everyone entitled to legal assistance? There are two options: legal aid and legal aid.
Counselling assistance: Financial hardship must be proven
The counselling assistance is for advice from a lawyer or out-of-court representation of interests. Counselling assistance can be applied for at the local court at the place of residence. In doing so, the financial circumstances must be proven. Furthermore, no other reasonable option of legal advice may be available, such as advice from consumer advice centres, tenants' associations, authorities, debt counselling or legal protection insurance. It is checked whether the income is below a certain limit.
Income includes all income. Child benefit counts for the person who receives it. The income of the spouses, on the other hand, is not taken into account when calculating one's own income. However, it must be communicated to the court, as it is important for certain exemptions. Costs for insurance, housing costs and costs for special expenses are then deducted from the applicant's income, among other things.
The Criminal Code and files are on the table in a court. © Swen Pförtner/dpa/Symbolbild
The calculation can be very extensive and complicated. The questions asked in the forms must therefore be answered in detail. This benefit can also be requested by a lawyer. However, since a refusal may incur costs for the use of the lawyer and the legal assistance must be applied for before the lawyer takes action, it is advisable to carry out the application at the district court yourself.
The original of the counselling assistance certificate must be provided to the lawyer. There is only a personal contribution for the lawyer's work in the amount of a maximum of 15 euros. He then bills his work as a lump sum to the state treasury. The counselling aid cannot be reclaimed. This means that clients do not run the risk of being asked to pay retrospectively.
Legal aid: costs of the trial are covered
Legal aid (PKH) is intended for court proceedings. It can be requested, for example, by filing a lawsuit by the lawyer on behalf of the client. Here, too, the financial situation is examined and it is ruled out that the proceedings are conducted arbitrarily. It is possible to file an action on condition that the application for legal aid is granted. In this way, it can be ruled out that you will have to bear the costs of the process yourself.
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If the application for PKH has been approved, the lawyer, the court costs and any expert costs incurred will be borne by the state treasury. It should be noted that the costs of the opposing lawyer are not covered by this. This means that if the proceedings are (partially) lost, and the costs for it are to be borne (in part), this also applies to the costs for the opposing lawyer. These then have to be paid out of your own wallet.
In addition, legal aid can be reclaimed within four years. This means that participants who have received this benefit will have to disclose their financial situation for four years. Since this is not a lump sum, as is the case with counselling assistance, but concrete, considerable costs may have been incurred for lawyers, courts and also experts in the event of a high amount in dispute. Therefore, the cost risk should be checked in advance with a lawyer.
By Maik Heitmann