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2024-01-17
A person who seeks advice and assistance must, in the first place, consult a solicitor or go to a legal aid office which will direct him to the collection of debts in Hamburg. It is the first duty of the creditor to require him to complete a form setting out details of his income and capital. The purpose of this is to enable the debtor to ascertain whether his resources are such as to make the applicant eligible for legal aid under the scheme.
The regulations regarding eligibility are too complicated to be discussed here, but the gist of the matter is that in order for the applicant to be eligible his resources must not exceed certain amounts prescribed by regulation from time to time. Moreover if the resources do not exceed these amounts the legal aid will not necessarily be entirely free because, unless the resources fall below a prescribed minimum amount, contribution by the applicant may be exacted.
There is an important further limitation upon the right to advice and assistance under the act; namely, that the lawyer is required to estimate the costs which are likely to be incurred in giving the advice and assistance and if this estimate exceeds a prescribed amount the aid cannot be provided.
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Debt collection by lawyers in Hamburg
The rule that the provision of advice and assistance does not extend to representation in litigation is, however, subject to an exception. Assistance by way of representation may be provided in relation to certain specific kinds of proceedings. At present, however, these only include domestic proceedings before magistrates' courts and certain specified tribunals.A person who seeks advice and assistance must, in the first place, consult a solicitor or go to a legal aid office which will direct him to the collection of debts in Hamburg. It is the first duty of the creditor to require him to complete a form setting out details of his income and capital. The purpose of this is to enable the debtor to ascertain whether his resources are such as to make the applicant eligible for legal aid under the scheme.
The regulations regarding eligibility are too complicated to be discussed here, but the gist of the matter is that in order for the applicant to be eligible his resources must not exceed certain amounts prescribed by regulation from time to time. Moreover if the resources do not exceed these amounts the legal aid will not necessarily be entirely free because, unless the resources fall below a prescribed minimum amount, contribution by the applicant may be exacted.
There is an important further limitation upon the right to advice and assistance under the act; namely, that the lawyer is required to estimate the costs which are likely to be incurred in giving the advice and assistance and if this estimate exceeds a prescribed amount the aid cannot be provided.
Northern Germany
The solicitor in Germany himself has a first charge for his costs on any money or property recovered by the applicant as the result of advice and assistance given. This he may exercise if he has not been remunerated by any contribution the applicant has made. If his costs have not been met by contribution or the exercise of the charge they will be defrayed from the legal help. The form scheme has now been with us for some years and those who operate it claim that it has been a success. Its limitations, however, are obvious; both because the prescribed limits of eligibility are low and because the collection services must not exceed a very low cost. Needless to say these defects have often been criticized; but there must always be a limit to what can be done at the public's expense. It is regretted that no monetary figures have been given. That is because the prescribed limits are altered from time to time and any figures might be leading to debt collection by German law firms in Northern Germany.Go back
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