Once a matter reaches court, the second mechanism takes over. Its logic differs: what counts is not only the wallet but the prospects of the case, because the state does not fund hopeless proceedings.
Help within proceedings: the application and instalments
In court a different test applies: sufficient prospect of success and no abuse. Income and assets are taken into account, and many applicants pay monthly instalments.
✓ Verified: 02/08/2026
WHAT TO DO
AUTHORITY
Amtsgericht / Mahngericht
Federal agencyPayment orders and enforcement orders run through your state's central Mahngericht. Apply online at online-mahnantrag.de.
DOCUMENTS 4
› Details and tips
👨🏻💻
Max recommends:
I was granted aid with an instalment of forty-five euros a month. I had assumed it was all or nothing — in fact there is a long scale in between.
👩🏼💼
Lea recommends:
Fill the declaration in completely and attach the evidence. It usually comes back not because of income but because of blank lines and missing documents.
FREQUENTLY ASKED QUESTIONS
On what conditions is it granted? ▾
A party who, given their personal and economic circumstances, cannot meet the costs of the proceedings at all, in part, or otherwise than in instalments, receives legal aid on application, provided the intended action or defence offers sufficient prospect of success and does not appear abusive.
What does abuse mean here? ▾
The statute defines it by comparison: an action is abusive where a party not claiming legal aid would, on a sensible appraisal of all circumstances, refrain from bringing it — even though sufficient prospect of success exists.
How is the personal contribution calculated? ▾
Certain amounts are deducted from income: the items specified in the social code, for those in work an amount equal to fifty per cent of the standard rate, for the party and spouse the standard rate increased by ten per cent, and housing costs. What remains determines the monthly instalments.
Does it cover the other side costs if the case is lost? ▾
No, and that is the biggest misunderstanding about it. The aid concerns your own litigation costs; the duty to reimburse the successful party for theirs remains. That risk is worth asking about before filing.