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Everyone has the right to be defended , even if they don’t have the financial means. Whether you are a defendant or plaintiff, find out how to assert your rights at a lower cost.
WHAT DOES IT COVER?
Legal aid allows those who do not have the financial means to be defended in court. The State then bears all or part of the legal costs. You can receive either full legal aid or partial legal aid. It may be requested whether you are plaintiff or defendant in a trial, whatever the matter: civil, criminal… and before all jurisdictions. If you lose a case, you may be ordered to reimburse your adversary part of his legal and procedural costs, even if you benefit from legal aid.
WHAT ARE THE RESOURCE CONDITIONS?
Legal aid is granted to those who do not have resources or who have average monthly resources lower than the amounts indicated in the scale of legal aid, which is reassessed each year.
In 2016, to benefit from full legal aid, you must have monthly resources of less than €1,000 net.
For partial legal aid, these resources must be between €1,001 and €1,499 (from €1,001 to €1,182 the reimbursement is 55%, between €1,183 and €1,499 the reimbursement is 25% ). These amounts apply to a single person with no dependents.
These resource ceilings are increased when the litigant has dependents:
– 180 euros for a dependent;
– 360 euros for two dependents;
– 114 euros per additional dependent.
All the applicant’s resources and those of the people who usually live with him are taken into account, but family allowances are not counted.
The resources taken into account are those of the calendar year preceding the request, unless the situation of the applicant has changed since the previous year (eg dismissal)
HOW TO APPLY?
To obtain legal aid, you must compile a file and provide all the documents and supporting documents requested.
You can make a request by filling out a downloadable form online: cerfa 12467 request for legal aid.
You can choose to hire a professional of your choice if they provide legal aid. Failing this, the legal aid office supplements one.
If the case has not yet started: you must contact the tribunal de grande instance of your place of residence. If the case has already been initiated, you must contact the regional court of the place where the case is being dealt with. Please note: you must go to court within 12 months of notification of the admission decision, failing which you will lose the benefit of the legal aid granted to you. If aid is refused, it is possible to challenge the decision by filing an appeal.
DAMY law firm , Nice, Update 2022
