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Legal aid: Limitation of repayment and legal prosecution
Different forms of limitation
Legal aid supports people who have a low income or lack of assets cannot afford a lawsuit. This ensures that every citizen can stand up for his or her rights in court. The legal basis can be found in paragraphs 144 to 127 of the Code of Civil Procedure (ZPO).
There are various areas in which a statute of limitations may be important for legal aid. In the following guide, we clarify whether the PKH application affects the statute of limitations for legal prosecution, how long a lawyer can claim his remuneration and how long people have to repay legal aid.
Does the application for PKH affect the statute of limitations on legal prosecution?
It is commonly known that Traffic offensessuch as overspeeding, become statute-barred after three months.
Claims also expire after a certain period of time and Claims can then no longer be asserted. The same applies to criminal offenses: with a few exceptions, these can only be brought to court within a specified period of time.
However, in Section 204 of the German Civil Code (BGB) Means that lead to the suspension of the statute of limitations. According to § 204 Abs. 1 Nr. 14 BGB the following applies:
[The statute of limitations is suspended by] initiating the announcement of the first application for the granting of legal aid or legal aid; If the announcement is initiated shortly after the submission of the application, the suspension of the statute of limitations already occurs with the submission.
Statute of limitations for PKH remuneration for a lawyer
A lawyer representing a client who has received PKH Compensation claims against the opposing party and the state treasury. However, he must note that as part of the remuneration for legal aid a certain statute of limitations is set.
These is based on the regular limitation period set out in Section 195 of the German Civil Code (BGB). The deadline is three years. After this period has expired, a lawyer can no longer assert his remuneration claims against the state treasury.
How long do you have to repay the legal aid?
Whether people are entitled to legal aid depends, among other things, on their financial situation. The decisive factor here is the income to be used. If this is a maximum of 19 euros, all costs for the procedure are covered within the framework of the PKH.
With an income of at least 20 euros on the other hand becomes a Repayment in installments agreed.
Even if, after the end of the legal dispute, a person receives a larger sum of money, for example through an inheritance, or his income increases, a claim can be made.
But how long do those affected have to expect repayment? Is there a statute of limitations for legal aid in this context? Basically it can be said that according to § 120a ZPO A review of the economic situation can be carried out within four years after the end of the legal dispute. If this period has expired, is a Changes to the detriment of the party concerned are no longer possible. After that, according to the ZPO, no repayment can be requested.
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