Service Finder
Applying for consulting assistance, legal aid and legal aid
Service Description
Every citizen is entitled to assistance in asserting his or her rights. Anyone who is unable to raise the necessary financial resources for personal and economic reasons has the option of applying for counseling, legal aid or legal aid. While counseling assistance is only granted for the exercise of rights outside of court proceedings, legal aid may be granted to a party in court proceedings. In family cases and matters of voluntary jurisdiction, legal aid is called legal aid.
The prerequisite is that the applicant is not in a position, according to his/her personal and economic circumstances, to raise the financial means for legal advice or litigation himself/herself. In addition, the use of legal aid or the conduct of the case must not be wanton. In the context of granting legal aid, it is also examined whether there is sufficient prospect of success of legal proceedings.Who should I contact?
Counseling assistance:
In principle, the district court in whose judicial district the applicant's place of residence is located decides on counseling assistance. If the application has been approved and the matter cannot be settled directly by the local court, a certificate of eligibility for counseling assistance will be issued, with which the person seeking legal assistance can visit a counselor of his/her choice. If a counselor is visited first, he/she can also subsequently apply for the granting of counseling assistance by the district court.
Legal aid/legal aid:
The application for legal aid must be submitted to the trial court. The application must describe the dispute and the evidence. The application for legal aid for compulsory execution shall be filed with the court competent for compulsory execution. The competent family court shall decide on the application for legal aid.
Requirements
Counseling assistance is granted if legal applicants are unable to raise the necessary funds according to their personal and economic circumstances, no other possibilities for assistance are available, the use of which is reasonable, and the use of counseling assistance does not appear to be wanton.
Legal aid or legal aid is granted to a party who, according to his or her personal and financial circumstances, cannot afford the costs of the legal proceedings, or can only afford them in part or in installments. In addition, the intended legal action or legal defense must offer sufficient prospect of success and must not be wanton.
Which documents are required?
In order to examine the personal and economic circumstances, current income documents (e.g. wage statement, notices of unemployment benefit or assistance, etc.) as well as documents on the monthly financial burdens must be submitted to the district court.
The application for legal aid or legal aid must also be accompanied by a statement by the party on his or her personal and financial circumstances (family circumstances, occupation, assets, income and burdens) and the relevant supporting documents.
What are the fees?
The processing of the application by the local court is not associated with costs. Within the framework of the counseling assistance, the counselor may charge 15 euros for his/her counseling to the person seeking legal assistance.
Legal basis
Applications / forms
An appeal against a refusal of legal aid may be lodged in writing or with the court registry.
An immediate appeal may be lodged against the complete or partial refusal of legal aid or legal aid within a period of one month.
What else should I know?
Counseling assistance and legal aid or legal aid are state welfare benefits in the area of the administration of justice. If the granting of legal aid or legal aid is subject to the fixing of monthly installments to be paid or amounts to be paid from the assets, corresponding payments are to be made towards the court costs incurred and the costs of legal representation.
However, legal aid does not affect the costs that may have to be reimbursed to the opponent.
An information brochure from the Federal Ministry of Justice and Consumer Protection is available at the following link:
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian Minister for Migration, Justice and Consumer Protection
Professionally released on
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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