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Prozesskostenhilfe (legal aid for court proceedings) at the Amtsgericht (local court)

The benefits notice only covers one of the three conditions

Court hearing the case§ 114 ZPOAlso in instalments

Prozesskostenhilfe covers court and lawyer's costs for people who cannot afford them — entirely, or against payment in instalments. It is applied for at the court where the proceedings are or will be pending, not at your place of residence. This distinguishes it from Beratungshilfe (advisory assistance for people on low incomes), which applies out of court and is applied for at the Amtsgericht at your place of residence.

§ 114 Abs. 1 ZPO names three requirements, and this is exactly what is usually overlooked: you must be unable to afford the costs according to your personal and economic circumstances, the intended legal action must offer sufficient prospects of success, and it must not appear frivolous. A benefits notice only proves the first. The prospects of success are a separate condition — and the one on which most applications fail.

The misconception is self-sustaining: anyone who believes the notice settles everything does not establish the prospects of success — and is therefore refused. So set out what your claim is based on and why it succeeds; this belongs in the application, not only in the legal action.

Last updated28 August 2026
Legal basis§ 114 ZPO · § 120a ZPO
Verification§ 114 Abs. 1 ZPO · § 120a ZPO
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
RequirementsThree, not one§ 114 Abs. 1 ZPO
ScopeIn full or in instalmentsDepending on income
ReviewableFour years§ 120a ZPO — with a duty to notify
Required documents

What you need

The official declaration of circumstances

The official form is mandatory; an informal letter is not sufficient. It requires complete information on income, assets, housing costs and maintenance obligations — incomplete forms are the most common cause of delays.

Evidence of income and housing costs

Pay statements or benefits notices, tenancy agreement and service-charge statement. Housing costs and maintenance obligations are deducted and determine whether, and at what level, instalments are set.

Setting out the prospects of success

The most important part, and the one most often missing. Describe the facts of the case and explain what the claim is based on. The court carries out a summary examination of whether pursuing the legal action appears justifiable — without any submissions, it cannot affirm that.

Information on assets

Accounts, savings, vehicles, life insurance policies. Only assets that can reasonably be used must be committed; a reasonable amount of household effects and a reasonably sized home used by yourself remain protected.

Step by step

How to proceed

  1. 1

    Check all three requirements

    Economic need, sufficient prospects of success, and the absence of frivolousness. The benefits notice only covers the first. Anyone who does not establish the second is refused, regardless of how low their income is.

  2. 2

    Apply at the correct court

    At the court where the proceedings are pending or are to be brought — not at your place of residence. This is the difference from Beratungshilfe. The application can be made before legal action is brought, which avoids the cost risk.

  3. 3

    Fill in the form completely

    The declaration of personal and economic circumstances must be submitted on the official form, with supporting evidence. Incomplete information leads to queries and delays the decision by weeks; help with filling it in is available at the Rechtsantragstelle.

  4. 4

    Set out the prospects of success

    Set out the facts of the case and name the basis of the claim as well as the evidence. The court does not carry out a final examination, but a summary one: it is enough that your position appears justifiable. Without any submissions, even that cannot be established.

  5. 5

    After the grant: observe the duties to notify

    The grant is not a final settlement. Under § 120a ZPO the court can review the circumstances for up to four years after the proceedings have ended. Material improvements in income and every change of address must be reported to the court without delay — on your own initiative, not only when asked.

Fee information

Costs and payment

What is covered§ 114 ZPO
Application for ProzesskostenhilfeNo fee
Court costs on grantTreasury
Your own lawyerCovered when a lawyer is assigned
At a higher incomePayment in instalments
Opponent's costs if you loseNOT covered
Review after the proceedings endUp to four years

Prozesskostenhilfe covers your own costs, not the opponent's: anyone who loses the case must nonetheless reimburse the opponent's necessary costs under § 91 ZPO. This is the most important limitation and is rarely stated clearly — in labour-court and social-court proceedings, different rules apply in this respect.

Good to know

Important notes

There are three requirements, not one. § 114 Abs. 1 ZPO requires, besides the need, sufficient prospects of success and the absence of frivolousness. The benefits notice only proves the need.

The prospects of success must be set out. Without any submissions on the claim, the court cannot affirm them — and this is exactly where most applications fail.

The application is made at the court hearing the case, not at your place of residence. This is the difference from Beratungshilfe and a common mistake.

The grant can be reviewed for four years. § 120a ZPO requires you to report material improvements in income and every change of address without delay — missed notifications lead to revocation.

The opponent's costs are not covered. Anyone who loses must reimburse them under § 91 ZPO; in civil proceedings, this risk remains despite Prozesskostenhilfe.

Avoid these mistakes

Common mistakes

Relying on the benefits notice. It only proves the economic requirement; the prospects of success must be set out separately.

Filing the application at the Amtsgericht at your place of residence. The competent court is the one hearing the proceedings — Beratungshilfe is applied for at your place of residence.

Filling in the form incompletely. Missing information leads to queries and significantly delays the decision.

Concealing income improvements or a move after the grant. § 120a ZPO requires notification without delay; breaches lead to revocation.

Assuming the cost risk is completely removed. The opponent's necessary costs remain to be reimbursed if you lose.

Frequently asked questions

Questions and answers

Is my benefits notice enough for the grant?

No. § 114 Abs. 1 ZPO requires three things: that you cannot afford the costs according to your personal and economic circumstances, that the legal action offers sufficient prospects of success, and that it does not appear frivolous. The notice only proves the first requirement; the prospects of success must be established separately.

Where do I apply for Prozesskostenhilfe?

At the court where the proceedings are pending or are to be brought — not at your place of residence. The application can be made before legal action is brought; this is generally advisable, because you then only need to decide whether to sue once the grant has been made.

Do I have to pay the money back?

Depending on income, Prozesskostenhilfe is granted without instalments or against payment in instalments. Regardless of this, the court can review the circumstances under § 120a ZPO for up to four years after the proceedings have ended and order instalments retrospectively if your situation has materially improved.

Am I thereby free of the cost risk?

Not completely. Prozesskostenhilfe covers your own court and lawyer's costs. If you lose the case, you must nonetheless reimburse the opponent's necessary costs under § 91 ZPO — in civil proceedings, this risk remains. Before the labour and social courts, separate rules apply for this.

What must I report after the grant?

Under § 120a ZPO, you must report material improvements in your income and financial circumstances, as well as every change of address, without delay and on your own initiative. Anyone who fails to do so risks the revocation of the grant and a retrospective obligation to pay for the entire proceedings.

How does it differ from Beratungshilfe?

Beratungshilfe covers out-of-court advice and is applied for at the Amtsgericht at your place of residence, with a personal contribution of €15. Prozesskostenhilfe covers court proceedings and is applied for at the court hearing the case. The grant of one says nothing about the other; with Prozesskostenhilfe, the examination of the prospects of success is added.

Related official procedures

Beratungshilfe (advisory assistance)
Personal contribution €15, waiver possible
€15
File for divorce
Family court — mandatory representation by a lawyer
Based on the value of the proceedings
Apply for a Mahnbescheid (court payment order)
0.5 fee, at least €38
Possible without a lawyer

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