You can get legal aid if you have low income and assets. You can use the legal aid calculator to calculate in advance whether you can get legal aid or not (e.g. www.pkh-rechner.de). As a rule, pensioners, unemployed persons, welfare recipients and recipients of benefits under the Asylum Seekers Benefits Act fulfil this requirement. Your assets must be less than 5,000 euros. In addition, there must be a prospect of success in legal proceedings. Only then can the costs be covered. The court decides whether legal action has a chance of success.

Legal aid is usually requested by your lawyer when he/she brings the action. However, the application can also be made before or after the action has been brought.

The examiner determines whether the applicant requires financial assistance by looking at the ‘Declaration of personal and financial circumstances’. As with the application for legal consulting assistance, the following documents must be enclosed with the application:

• A valid identification document (identity card, residence permit, passport, …)
• Your current income certificate and that of your spouse (e.g. earnings certificate, certificate of unemployment benefit)
• Potentially proof of maintenance obligations
• Potentially proof of other monthly payment obligations
• Your bank statements of the last three months
• Your current lease agreement and utility bills
• If applicable, documents relating to the matter (e.g. notice of termination, written warning, etc.)