People sometimes encounter legal problems, such as disputes with the landlord about the rent or with the employer about wages. This also affects refugees. Some fear they cannot finance the trial in court. Because of this, they may waive their right to a trial. But there are more options. The state can financially support those in need with legal aid. It can completely or partially take over the costs of a trial before a civil court. The conditions are that the plaintiffs do not have insurance (legal protection or via the trade union), which would bear the costs.
To get legal aid (Prozesshilfkosten – PKH), those interested must fulfill certain income conditions. In addition, they must apply for PKH at the court responsible for the case. The court can reject the PKH if the claim has no chance of success. Please note that if the lawsuit is lost, the defeated party must reimburse the costs of the opponent, for example their lawyer fees. The PKH does not cover these costs. The court may re-examine the personal and financial circumstances of PKH’s recipients up to four years after the conclusion of the proceedings. If their financial situation has improved significantly, the court can order them to repay PKH in one sum or in installments.
There is detailed information on www.service-bw.de under the keyword “Prozesskostenhilfe beantragen” and on www.bmjv.de under the keyword “Beratungs- und Prozesskostenhilfe”.
Impressionen zum Leben in Zeiten der Corona-Pandemie: Foto: tünews INTERNATIONAL; Mostafa Elyasian, 24.11.2020
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