Apply for legal aid for enforcement proceedings

Prerequisites

• You cannot afford the costs of the legal proceedings, or can only afford them partially. Your assets, any existing legal expenses insurance or other legal protection provided by an organization, as well as any maintenance obligations in your favor, will be taken into account.
• Their approach has a realistic chance of success.
• They would proceed in the same way if they had to bear the costs themselves (no malicious intent). This could be the case, for example, if previous enforcement attempts have been unsuccessful.
• If your financial situation improves, a repayment may be required.

Documents required

• Application to the court (no special form necessary) explaining the intended enforcement or defense against enforcement measures.
• Declaration of your personal and financial circumstances

Please note

The local court does not provide legal advice. Please contact authorized law firms or notaries.

The Public Legal Information Office (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

• Apply for legal aid before the court proceedings begin.


• If you apply for legal aid during the proceedings, you may have to pay for costs already incurred yourself.

Procedure

• You apply for legal aid for the enforcement proceedings at the competent authority in writing or for the record at the office, submitting the required documents.
• The responsible authority will review your application and documents. If necessary, they will request further documents or information from you.
• The relevant authority will decide on your application.
• You will receive a notification.
• If your application is approved, the court will cover all or part of the court and legal fees.

Processing time

The processing time depends on the individual case.

Fees

• There are no fees for the legal aid application process.


• If you hire a law firm, you will incur legal fees.

Legal remedies

immediate complaint

Legal basis

Section 119 paragraph 2 of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__119.html




Sections 114 et seq. of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__114.html




Section 117 paragraph 1 sentence 3 of the Code of Civil Procedure (ZPO)


https://www.gesetze-im-internet.de/zpo/__117.html