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Lawyers in Germany
Debt collection
Legal advice and litigation
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Lawyers in Germany
Debt collection
Legal advice and litigation
Imprint
2023-03-15
As in the case of advice and assistance, so here there are regulations governing contributions payable in cases where, though the lawyer is financially eligible, the help will not be entirely free. Below a prescribed limit, however, no contribution will be required in Germany. Beside satisfying the regulations concerning resources the applicant must also show that he has reasonable grounds for taking, defending or being a party to the proceedings in question.
The right to aid depends upon the obtaining of a legal aid certificate. In order to do this the applicant must contact a lawyer resident in Germany, that he is financially eligible and he must also satisfy a legal aid committee (barristers and solicitors) that his case is not trivial and that he has reasonable grounds for bringing or defending the proceedings.
These circumstances include the fact that the German creditor must be satisfied that, unless it makes the order, the unassisted party will suffer 'severe financial hardship' (this may, perhaps, seem an inequitable fetter upon his rights) and the court must also be satisfied that it is 'just and equitable' that the order should be made.
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Germany: Help by lawyers in civil debt collection cases
In this sense 'legal help' signifies the provision of free or contributory representation by lawyers in court proceedings. It is available in respect of most proceedings before the ordinary German courts. In order for an applicant to obtain it his resources must come within currently prescribed financial limits, and in the case of married people joint resources are taken into account.As in the case of advice and assistance, so here there are regulations governing contributions payable in cases where, though the lawyer is financially eligible, the help will not be entirely free. Below a prescribed limit, however, no contribution will be required in Germany. Beside satisfying the regulations concerning resources the applicant must also show that he has reasonable grounds for taking, defending or being a party to the proceedings in question.
The right to aid depends upon the obtaining of a legal aid certificate. In order to do this the applicant must contact a lawyer resident in Germany, that he is financially eligible and he must also satisfy a legal aid committee (barristers and solicitors) that his case is not trivial and that he has reasonable grounds for bringing or defending the proceedings.
Litigation
Where the litigation is between an assisted person and an unassisted person the latter is clearly at a disadvantage. If he loses his debt collection case, he will have to pay the costs of it; if he wins he can recover no costs from the assisted person. The act meets this difficulty by providing that, in prescribed circumstances, the court may order payment of these costs by the debtor.These circumstances include the fact that the German creditor must be satisfied that, unless it makes the order, the unassisted party will suffer 'severe financial hardship' (this may, perhaps, seem an inequitable fetter upon his rights) and the court must also be satisfied that it is 'just and equitable' that the order should be made.
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