This guarantee provides for the payment of expert and lawyer fees in the event of a dispute. Not all areas are covered (divorce, for example, is excluded). It is better to declare the dispute to your insurer before initiating proceedings yourself (for example, involving a bailiff) because, in principle, the costs incurred before the declaration are not covered (except in the case of emergency).
The measures to be taken are decided jointly by the insurer and yourself. The intervention of the lawyer is organized in particular when the opposing party has its own Overland Park Municipal Court lawyer. You can freely choose yours. If you do not know any and want the insurer to give you a name, you must ask them in writing.
You may be entitled to legal aid:
This aid makes it possible to obtain full or partial payment by the State of the lawyer’s fees and other costs incurred.
It is reserved for people with modest resources: € 929 per month for total assistance, between € 930 and € 1,393 for partial assistance (plus € 167 for the first two dependents, € 106 for the third and the following). All your income and that of people living in your household are taken into account (except family benefits and certain social benefits). Even if your resources are below the ceiling, legal aid may be refused if you have significant assets (real estate, investments, etc.). These elements must be declared in the request.
You have the choice of your lawyer
If he agrees to assist you with legal aid, indicate this in the aid request. If you do not know one, the order of the profession can appoint one for you.
The request is made to be filed with the legal aid office of the instance, for a case judged for the first time. You can obtain the form from this office or download it from the website of the Ministry of Justice.
In which case the use of a lawyer is optional?
- When is the use of a lawyer optional?
Recourse to a lawyer is not compulsory before:
- a local judge
- district courts
- police courts (traffic violations, for example)
- criminal courts (assault, for example)
- labor courts
- Social Security business courts
In addition, there are three simplified procedures which do not require the use of a lawyer the declaration to the registry offices, the order for payment and the order to do.
The declaration to the registry offices: without a lawyer, for disputes of less than € 4,000
The declaration to the registry offices is reserved for disputes relating to an amount that does not exceed € 4,000 and that you can precisely quantify. This procedure is to be used in the event of a conflict with a merchant or a company (your Internet service provider has withdrawn an unpaid amount from you, for example) or to obtain the return of the security deposit within the framework of a rental agreement.