As a rule, legal aid must be repaid in the form of monthly installments over a maximum of four years, the amount of which depends on income. However, in the case of a very low income, legal aid is granted as (full) subsidy.
Legal aid conditions
The examination of the right to legal aid takes place, on the one hand, with regard to the prospect of the success of the procedure, but also with regard to the economic situation of the applicant. Furthermore, the requested case may not be a willful litigation.
The litigation must be plausible, that is, it must not be deliberately called. Prosecution should be regarded as wanton, even if it were not managed by a person with sufficient financial resources in the same situation.
Prospects of success of the procedure
Since legal aid is granted only if there is a corresponding chance of success, the court examines whether the procedure is eligible for support in the so-called preliminary examination. Also, the intended legal defense or prosecution may not deliberately decide. It must therefore be stated that, if financial circumstances permit, the corresponding procedure would also be conducted without the support of legal aid. However, legal aid becomes general not in criminal proceedings since, in cases of necessary defense, the mandatory defense attacks.
In addition to the factual examination is also a consideration of the personal economic situation. In this framework, it is also determined whether and which assets or assets are to be used. If the entitlement to legal aid is granted, it is determined on the basis of the so-called income to be used, ie the net income taking account of the family situation (basic allowances) and / or monthly housing and heating costs, if and to what extent the legal aid must be repaid. If the income to be used is less than € 15, the legal aid does not have to be repaid.
What costs are covered?
It should also be noted that legal aid will only cover the lawyer and court costs of the applicant, but not the costs of the other party if the process is lost. Since the personal and economic circumstances can change quickly, the court can re-examine them for up to four years after the end of the procedure and revoke or amend the legal aid. Of course, people receiving Harz IV or BAföG are also granted legal aid. Here the corresponding proof must be submitted.
Repayment of legal aid
Otherwise, this must be in monthly installments of 15 to 300 euros over a period of maximum 48 months be reimbursed. The corresponding rates were recorded until 2014 on the basis of a table in the Code of Civil Procedure. Today, however, the determination of the installment amount is based on an invoice.
Repayment Legal aid: Installment
The monthly repayment rate is calculated as follows:
Income to be used / 2
Income to be spent = 80 euros
Monthly rate = 40 euros
Important: If the income to be used is more than 600 euros, the monthly rate is 300 euros plus the part that exceeds 600 euros.
Legal aid application
The legal aid must be requested from the competent court either in writing with the application or as a record of the business premises. The easiest way to do this is to use forms available at the competent court or the lawyer.
The mandated lawyer can also apply for legal aid or provide assistance with the application.
How does legal aid differ from advisory assistance??
Unlike legal aid, the advisory assistance for extrajudicial legal advice and legal representation, however, does not assume any costs arising from a legal process.
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