Family Encyclopedia >> Family

Legal aid:for whom, when, how?

Legal aid:for whom, when, how?

Whether in the context of a defense or an attack, it is possible to be confronted with justice. The various administrative procedures and costs can then be scary. This is why it is possible to count on legal aid. Here is everything you need to know about this state system.

What is legal aid?

Legal aid is a payment of legal costs by the State. To benefit from this system, your income and assets must be below the ceiling defined by law. In the event of legal proceedings, legal aid makes it possible to finance the fees of lawyers, bailiffs or even notaries, but also the costs related to expertise and investigations ordered by the judge.

Help may be requested whether you are:

  • Civil party,
  • Warned,
  • Accused,
  • Doomed
  • Indicted,
  • Witness,
  • Assisted witness.

The amount of aid depends on your income. It can partially or fully cover the costs of legal proceedings.

Who can apply for legal aid?

To apply for legal aid, certain conditions must be met. The first is that you should not have legal protection insurance. This covers all legal costs. You must also be of French or European nationality or reside in France.

To benefit from legal aid, your taxable income must not exceed a certain ceiling.

  • If your reference tax income is less than €11,262, coverage is 100%.
  • If your reference tax income is between €11,262 and €13,312, the contribution is 55%.
  • If your reference tax income is between €13,312 and €16,890, the contribution is 25%.

It should be noted that the value of the movable assets must be less than €11,262 and that of the real estate assets must be less than €33,780.

Exceptions exist. Victims of criminal acts, terrorist acts and domestic violence, as well as minors, can benefit from legal aid without conditions.

How do I apply for legal aid?

The request for legal aid must be made before the legal proceedings or during them. If the request comes later, it is inadmissible. To do this, you must complete the Request for legal aid form. (Cerfa n° 15626*02 - Ministry of Justice). It is available to you in town halls, in court and online.

In addition to the application form, several attachments are to be provided such as a tax notice. If you have a legal protection contract that does not cover legal costs, you must provide a Certificate of non-coverage by the insurer (Cerfa n° 15173*01 - Ministry responsible for justice).

The request must be submitted to the office in charge of the case. This may be the Court of Cassation or the Council of State.

The processing of the request for legal aid

If your request is accepted, you will be informed of the support (partial or total). You are free to choose a lawyer. If your request is refused, you can appeal against this decision within 15 days of notification.