Hilfe bei der Prozessführung (Prozesskostenhilfe) beantragen

Anyone who needs help with litigation can first contact a Rechtsantragstelle (legal application office ). The Rechtsantragstellen are set up at the local courts. In the case of smaller courts, where no legal application offices have been set up, the administrative offices perform the tasks of the legal application office.

The Rechtspfleger of the Rechtsantragstelle or the Geschäftsstelle help free of charge with the formulation of applications or statements intended for submission to the competent court (for example, in the case of lawsuits, statements, enforcement protection measures or applications for legal aid). As far as possible, the Rechtspfleger of the Rechtsantragstelle gives advice himself or refers the matter to the competent office. He also points out the possibility of obtaining counseling assistance or legal aid.

Legal aid can be applied for in court proceedings. For extrajudicial matters, counseling assistance can be applied for.

Legal aid may be granted to anyone who, due to his or her personal and financial circumstances, is unable to meet the costs of legal proceedings, or can only meet them in part or in installments. A further prerequisite is that the intended legal action or legal defense has a reasonable chance of success and does not appear to be wilful.

Legal aid is granted to anyone whose income does not exceed 20 euros per month after deduction of taxes, pension expenses, income-related expenses, reasonable housing and heating costs and allowances.

Current monthly allowances:

for parties and their spouse or life partner: 462 euros

for each additional person who is supported due to a legal obligation to pay maintenance, the amount is increased by a further

• 268 Euro (children up to the age of six)
• 306 euros (children from the beginning of the seventh to the completion of the 14th year)
• 349 euros (young people from the beginning of the 15th to the completion of the 18th year of life)
• 370 Euro (adults)

for employed persons: additional 210 Euro

Note: An exact calculation is only possible in concrete individual cases. If the income to be used exceeds 20 euros, the court will order a monthly installment payment or refuse to grant legal aid. In addition to the income, the own assets are to be used to cover the legal costs, as far as this is reasonable.

Legal aid covers the court costs. The costs of the own lawyer are only covered if the court has assigned a lawyer. However, this assignment must be applied for separately (application for assignment). The Rechtspfleger at the Rechtsantragstelle will answer any questions you may have.

Legal aid does not cover the costs of the opponent (e.g. his lawyer's fees). If you lose the legal dispute, you must therefore reimburse the opponent's costs, even if you were granted legal aid. The only exception is in labor court disputes.

• Passport or identity card
• Proof of income or tax assessment
• Rental agreement (reasonable rental costs will be considered)
• Other evidence of expenses, income and assets

• The applicant cannot raise the necessary funds according to his personal and financial circumstances.
• The intended prosecution or legal defense has a prospect of success.
• The exercise of the rights is not wanton.

Note: Legal aid is not granted if one of the spouses or, in the case of an unmarried child, the parents or one of the parents must pay the costs due to statutory maintenance obligations.

You must submit an informal "Application for legal aid". The application must describe the dispute in detail and in full. You must also state any evidence that may be available. The application must be accompanied by a statement of personal and financial circumstances on the prescribed form. The application can be made in writing or in person at the competent office.

If you have difficulty filling it out, you can contact the court or a lawyer. The application can also be submitted directly by a lawyer.

• the court where the case is being or is to be conducted (trial court)
• the legal application office of each local court
• the court responsible for compulsory execution (in the context of compulsory execution)