Key takeaways
- If you can’t afford a lawyer in Germany, you can apply for legal aid at the local court.
- You can choose your own lawyer even if you receive legal aid.
- You must notify the court if your financial situation changes during the litigation or up to 4 years after its conclusion.
- Legal aid doesn’t cover the legal costs of the opposing party if you lose.
This is how you do it
- Submit in writing or on record in the court that you need legal aid.
- You must submit evidence and facts of the lawsuit while filing the legal aid application.
- Use the form “Declaration of personal and economic circumstances in the case of legal aid” to declare your financial situation.
Table of Contents
What can you do if you can’t afford a lawyer in Germany?
You find yourself in a legal dispute. But you can’t afford a lawyer to represent you in the court.
In this situation, you can submit an application for legal aid (Verfahrenskostenhilfe in German) to a local court. Along with the application, you must submit proof of your financial situation to get legal aid.
We will learn more about it later in the guide.
You can also apply for legal aid to receive legal advice if you can’t afford a lawyer. But in this case, the legal aid is called Beratungskostenhilfe.
What is legal aid in Germany (Verfahrenskostenhilfe or Prozesskostenhilfe)?
Legal aid covers the legal costs of disputes if you can’t on your own.
The German constitution implemented legal aid for economically weak citizens. This ensures that all citizens have access to justice regardless of their financial situation.
Who is eligible for legal aid in Germany?
You must fulfill the following criteria to receive legal aid in Germany.
- You cannot afford the lawyer’s fee and court costs at all, only part of it or only in installments.
- There should be a chance for success in the lawsuit.
- The lawsuit should be reasonable and should not appear as a willful prosecution. Moreover, you cannot resolve the legal dispute via other more cost-effective means.
Regardless of whether you satisfy the above criteria, you won’t get legal aid in the following situations.
- Legal protection insurance covers legal expenses.
- Other institutions, like tenants’ associations, workers’ unions, etc, cover the legal costs.
- Your spouse or partner must pay for the legal services due to maintenance obligations.
What costs does legal aid cover?
Legal aid covers the full or partial cost of your lawyer and court. The court uses your “available income” to determine the following.
- Are you eligible for legal aid?
- Should all the legal costs be covered or only partially covered?
- Do you have to pay the fees in installments?
You should not confuse “available income” with “net income.” They are different.
The German court calculates your available income based on your gross income and after deducting certain allowances. You can find information on how to calculate available income on the Federal Ministry of Justice website.
How do you apply for legal aid?
- You must apply for legal aid in writing or on record at your local court. You can find instructions on how to submit the application on your local court’s (Amtsgericht) website.
- While filing the application, you must present the legal dispute’s facts in detail with evidence. The court uses this information to determine the chances of success, which is one of the criteria you must meet to receive legal aid.
- You must also declare your personal and financial circumstances with proof of income, assets, income tax statements, etc. You must use the form “Declaration of personal and economic circumstances in the case of legal aid” for the same.
Once you submit the application, the court will assess your eligibility for legal aid and how much aid you should get.
How does a change in your financial situation affect legal aid?
If your financial situation improves, the court may ask you to pay the costs of the legal proceedings. Similarly, your legal aid may improve if your financial situation worsens.
You must inform the court of any change in your income or financial condition during the litigation and up to 4 years after its conclusion.
According to law, a change of 100 € gross per month is considered considerable, and you must notify the court about it. You also must inform the court about changes in address.
NOTE: If you don’t notify the court about the change in your earnings, the court can revoke your legal aid and you must pay the entire legal costs.
What happens if you lose the lawsuit?
You must pay the opposing party’s lawyer’s fee if you lose the legal dispute. Legal aid doesn’t cover the opposing party’s legal costs.
Thus, it’s critical that you have a good chance of success before you take matters to court.
Can you choose your lawyer if you receive legal aid in Germany?
Yes, you have a free choice of lawyer even when you receive legal aid. The court selects and assigns a lawyer only if you cannot find one.
