The Affidavit of Indigency serves as a fundamental tool in the German legal system to ensure access to justice for individuals with limited financial means. This document is required when seeking Prozesskostenhilfe (legal aid) in German courts and must be submitted at the outset of legal proceedings or when financial circumstances necessitate legal aid application. The affidavit requires comprehensive disclosure of the declarant's financial situation, including all sources of income, expenses, assets, and liabilities. It is governed by 脗搂脗搂 114-127a of the German Code of Civil Procedure (ZPO) and must be certified by appropriate authorities. The document plays a crucial role in the court's assessment of whether to grant legal aid, considering both the merits of the underlying case and the applicant's financial status. False statements in this affidavit can result in serious legal consequences, including criminal charges.
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1. Personal Information (Pers脙露nliche Angaben): Declarant's full name, address, date of birth, and identification details
2. Case Information (Verfahrensinformationen): Details of the legal proceeding for which legal aid is being requested, including case numbers if available
3. Employment Status (Besch脙陇ftigungsstatus): Current employment situation, including employer details if employed, or unemployment status
4. Monthly Income (Monatliches Einkommen): Detailed breakdown of all sources of income, including salary, benefits, pensions, etc.
5. Monthly Expenses (Monatliche Ausgaben): Comprehensive list of regular expenses including rent, utilities, insurance, food, etc.
6. Assets (Verm脙露genswerte): Declaration of all assets including bank accounts, property, vehicles, and other valuable possessions
7. Dependents (Unterhaltsberechtigte): Information about family members or others financially dependent on the declarant
8. Debt Obligations (Verbindlichkeiten): List of all current debts and payment obligations
9. Truth Declaration (Wahrheitsversicherung): Formal declaration confirming the truth of all stated information under penalty of perjury
10. Signature Block (Unterschriftsfeld): Space for signature, date, and place of signing
1. Previous Legal Aid (Bisherige Prozesskostenhilfe): Section needed if the applicant has previously received legal aid in other proceedings
2. Expected Changes (Erwartete 脙鈥瀗derungen): Section required if there are anticipated changes in financial situation in the near future
3. Legal Insurance (Rechtsschutzversicherung): Section needed if the applicant has or had legal insurance coverage
4. Social Benefits (Sozialleistungen): Detailed section about social benefits if the applicant receives any government assistance
5. Special Hardship (Besondere H脙陇rte): Additional section for explaining any special circumstances causing financial hardship
1. Income Documentation (Einkommensnachweise): Copies of pay stubs, benefit statements, or other income verification documents
2. Expense Documentation (Ausgabennachweise): Copies of rent contracts, utility bills, and other major expense receipts
3. Bank Statements (Kontoausz脙录ge): Recent bank statements from all accounts
4. Asset Documentation (Verm脙露gensnachweise): Documentation of any significant assets or lack thereof
5. Social Benefits Documentation (Sozialleistungsnachweise): Copies of social benefit award letters or statements if applicable
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