💶 Legal advice assistance and legal aid
In brief
If you have little money, you can get help with legal problems.
Legal advice assistance (Beratungshilfe) covers advice and representation outside court proceedings. You apply for it at the local court (Amtsgericht). With the voucher you pay an own contribution of €15 (which can be waived).
Legal aid (Prozesskostenhilfe) helps with court costs and lawyer's costs in proceedings. You need to be unable to afford the costs and have sufficient prospects of success. The case must not be frivolous (§ 114 ZPO).
Step by step
- CheckThere is a test at service.justiz.de/beratungshilfe.
- Apply for legal advice assistanceAt the local court, with proof of income and expenses.
- Legal aid in proceedingsApply to the trial court with a declaration of your personal and financial circumstances.
- Have your documents readyID, bank statements, tenancy agreement.
Deadlines
- Legal advice assistance applies only out of court.
- Legal aid is not always a gift: payment by instalments is possible.
- Deadlines in proceedings keep running even if legal aid has been applied for. Get legal advice.
- False statements can have consequences.
In depth · legal basis, figures and practice – for advisers and professionals
Legal advice assistance
The legal basis is the Beratungshilfegesetz (BerHG). Under § 4 para. 1 BerHG, the local court at the general place of jurisdiction of the person seeking advice is responsible for the application. The own contribution of €15 follows from Nr. 2500 VV RVG (Anlage 1 zum RVG) and can be waived.
Legal aid
§ 114 ZPO: legal aid is granted to anyone who, given their personal and financial circumstances, cannot afford the costs of litigation, or can afford them only in part or in instalments, provided that pursuing or defending the claim has sufficient prospects of success and does not appear frivolous. Reference to §§ 1076 to 1078 ZPO for cross-border cases within the EU.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.