Prozesskostenhilfe Bewilligung

If your personal and financial circumstances mean that you cannot afford the costs of legal proceedings, can only afford them in part or only in installments, you will receive legal aid on application if the intended legal action or legal defense offers sufficient prospect of success and does not appear to be wilful
.

Legal aid is granted if

• the party/parties is/are not/only partially able to pay the costs of the proceedings due to his/her personal and financial circumstances or can only pay in installments,
• upon application
• the intended prosecution/legal defense offers sufficient prospect of success
• the intended prosecution/legal defense does not appear to be frivolous.

Willfulness: if a party who is not claiming legal aid would, on a reasonable assessment of all the circumstances, refrain from pursuing or defending the legal action even though there is a reasonable prospect of success.

• Document copies

  Copies of all receipts and exceptions, if necessary affirmation in lieu of oath

• Informal application
• Complete information on personal and financial circumstances using the legal aid form
• Enclosure of copies of receipts for all income and expenditure, affidavits in lieu of an oath if applicable.

Affirmation of truth and completeness.

1. application (informal, in writing)

2. approval by resolution either

• with monthly installments or
• without installments

(depending on the personal and financial situation of the applicant).

Written application is sufficient

Completion instructions: http: (/sixcms/media.php/5/Erkl%E4rung%20%FCber%20die%20pers%F6nlichen%20und%20wirtschaftlichen%20Verh%E4ltnisse.pdf) //www.buergerservice.bremen.de/sixcms/media.php/5/Erkl%E4rung%20%FCber%20die%20pers%F6nlichen%20und%20wirtschaftlichen%20Verh%E4ltnisse.pdf

Incomplete and incorrect information may result in the revocation of the permit and criminal prosecution.

An affidavit may be required.

The applicant must

• significant improvements in his/her financial situation and/or
• a change in his/her address

notify the court immediately and without being asked:

• during the proceedings and
• within 4 years of the conclusion of the proceedings

Otherwise the approval of the legal aid will be revoked and the total costs must be paid.

The grant of legal aid relates ONLY to your own costs. Costs incurred by the other party are not covered by the legal aid grant (Section 123 ZPO). This means: If the person entitled to legal aid is unsuccessful in the proceedings (costs are imposed on them), they must bear the costs of the other party.