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Legal aid

February 24, 2011 | 25,00 EUR | answered by Jan Wilking

Hello,

I had to apply for legal aid. I disclosed my income and obligations. Recently, I deposited money into a casino and lost it. Will the court be aware that I played at the casino, so will they also look into my expenses?

Thank you in advance,
Gerhard

Jan Wilking

Dear Gerhard,

I am happy to answer your inquiry taking into account the facts you have provided and your efforts as follows:

In addition to the likelihood of success in the legal process, when applying for legal aid (Prozesskostenhilfe - PKH), the financial need of the applicant is also assessed. The amount of PKH granted depends on the applicant's income. This is calculated by adding up the income and other assets that can be used, and deducting expenses such as taxes, pension contributions, housing costs, personal allowance, etc. You must provide proof of your income and claimed expenses, such as pay slips.

What you choose to do with the remaining money privately for your enjoyment does not matter. The court only looks at the expenses you have declared (which work in your favor as they reduce the income to be used). Other expenses are not relevant in this process, so the court will not be aware of your gambling debts. Furthermore, any losses at the casino would not have any negative impact on the PKH process, even if the court were to find out.

I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Please note that without knowing all the circumstances, I cannot give you a final recommendation in this initial consultation. If you wish to have a final assessment of the situation, I recommend contacting a lawyer and discussing the matter with them after reviewing all the documents.

Best regards