Le lien vers cette page a été envoyé avec succès aux destinataires.
Legal aid
Verified 10 February 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
You must to assert your rights in courtBut you don't no money ?
You may be able to benefit from theLegal aid. In that case, it's the State who supports the cost of the procedure in your place. Beware, you will not receive any money, the aid will be used to pay your legal costs directly.
The applicable rules vary according to your place of residence and nationality.
We guide you in your approach and explain your rights.
What applies to you ?
You live in France and the procedure takes place in France
You can receive legal aid for any procedure in France, regardless of your nationality.
The aid may also be granted on certain conditions to legal persons (associations and businesses) which have their registered office in France.
To find out whether you qualify for legal aid and to obtain an estimate of the amount to which you will be entitled, you can use this simulator:
Estimating the amount of legal aid
The amount of legal aid shall not be not the same for everyone those who can benefit from it. Depending on the importance of your income and the composition of your tax shelter, you can get legal aid total or legal aid partial.
Legal aid may be granted to natural and legal persons who fulfill the conditions for award.
Natural person
The examination of the conditions for legal aid varies according to your situation.
You are a victim of criminal and/or terrorist acts
Legal aid may be granted to you without looking at your income and wealth if you are a victim of criminal and/or terrorist acts.
Your beneficiaries may also benefit from this derogation.
You're a victim of domestic violence
If you are a victim of domestic violence, legal aid can be provided to you tuned in a manner that temporary for urgent procedure.
But you must afterwards justify that you fill in the income and wealth conditions required to obtain legal aid. If this is not the case, you will have to repay the legal aid you received on a temporary basis.
You're a minor
You can get legal aid without examining your income or wealth situation.
Minor not neglected
Legal aid shall be granted on a temporary a minor who is to participate in a judicial proceeding.
But there will be afterwards one checking to find out if the parents fill or not fill in the income and resource requirements required to receive legal aid.
If this is not the case, the parents will have to reimburse the legal aid granted to the minor on a provisional basis.
Neglected minor
Legal aid shall be granted on a temporary a minor who is to participate in a judicial proceeding.
In the case of a neglected minor, there is no verification as to whether or not the parents meet the income and resources requirements for legal aid.
Minor who requests to be heard by the Family Court Judge
Legal aid shall be granted unconditional a minor who requests to be heard by the family court.
Other
For obtain legal aid, you must complete the 2 conditions following:
- Your legal costs shall not not be fully covered by insurance
- Your reference tax income and the value of your assets shall not not to exceed the statutory ceilings
What is the benchmark tax income?
This is thetotal income of a taxpayer, whether they are taxable or not.
This income shall be calculated at the level of tax shelter. There is a difference between the family home, which is all the people who live together, and the tax home, which is all the people who file the same tax return. The members of the tax household are listed on a single tax notice.
Attention: people who live in a couple without being married or moved are not part of the same tax household, as they have to file their income tax return separately.
The reference tax income taken into account for the examination of the application for legal aid is that of your tax household. If there are several people in your tax home, the caps do not exceed take into account the income of all these people.
But if you are seeking legal aid for a procedure related to a dispute between you and a member of the tax household, the review of the revenue caps will be individualized.
What is heritage?
It's all of a person's assets. There is a distinction between movable and immovable heritage:
- Movable assets are all movable assets, i.e. your financial savings and your valuable assets: jewelry, car, furniture etc. It is only your financial savings that are taken into account for the examination of the application for legal aid.
- Real estate assets are all real estate assets: land, apartment, house, etc. Only part of your real estate assets are taken into account for the examination of the application for legal aid. Indeed, your principal residence and the real estate indispensable for the exercise of your professional activity are excluded from the value taken into account.
Finally, how is the amount of legal aid calculated?
The income and wealth limits take into account the composition of your tax household.
Depending on the size of your income and the number of people in your tax home, you can get total or partial legal aid:
- The total aid corresponds to the maximum amount that can be granted, i.e. a rate of 100%.
- The partial aid corresponds to 55% or 25% of the maximum amount that can be granted.
If your tax household is made up of several persons, the ceilings on the assets not to be exceeded take into account the movable and immovable assets of all these persons. But if you are seeking legal aid for a dispute-related proceeding involving a member of the tax household, the examination of the wealth ceiling will be individualized.
You're alone in your tax home
You can receive total legal aid (100%) if your reference tax income and the value of your movable and immovable assets do not exceed the following limits:
- Benchmark Tax Income: €12,271
- Value of movable assets: €12,271
- Value of real estate assets: €36,808
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Legal aid rate |
|---|---|---|
Less than or equal to €12,271 | Less than or equal to €1,023 | 100% |
Enter €12,272 and 14,505 | Enter €1,023 and €1,209 | 55% |
Enter €14,506 and €18,404 | Enter €1,209 and €1,534 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 2 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €14,480
- Value of movable assets: €14,480
- Value of real estate assets: €43,433
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €14,480 | Less than or equal to €1,207 | 100% |
Enter €14,481 and €16,714 | Enter €1,207 and €1,393 | 55% |
Enter €16,715 and €20,613 | Between and €1,393 and €1,718 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 3 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €16,689
- Value of movable assets: €16,689
- Value of real estate assets: €50,058
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual Resources | Monthly Resources (Indicative) | Support |
|---|---|---|
Less than or equal to €16,689 | Less than or equal to €1,391 | 100% |
Enter €16,690 and €18,922 | Enter €1,391 and €1,577 | 55% |
Enter €18,923 and €22,822 | Enter €1,577 and €1,902 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 4 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €18,084
- Value of movable assets: €18,084
- Value of real estate assets: €54,244
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €18,084 | Less than or equal to €1,507 | 100% |
Enter €18,085 and €20,318 | Enter €1,507 and €1,693 | 55% |
Enter €20,319 and €24,217 | Enter €1,693 and €2,018 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 5 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €19,480
- Value of movable assets: €19,480
- Value of real estate assets: €58,429
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €19,480 | Less than or equal to €1,623 | 100% |
Enter €19,481 and €21,713 | Enter €1,623 and €1,809 | 55% |
Enter €21,714 and €25,612 | Enter €1,809 and €2,134 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 6 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €20,875
- Value of movable assets: €20,875
- Value of real estate assets: €62,614
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources | Support |
|---|---|---|
Less than or equal to €20,875 | Less than or equal to €1,740 | 100% |
Enter €20,876 and €23,108 | Enter €1,740 and €1,926 | 55% |
Enter €23,109 and €27,007 | Enter €1,926 and €2,251 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 7 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €22,270
- Value of movable assets: €22,270
- Value of real estate assets: €66,799
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Support |
|---|---|---|
Less than or equal to €22,270 | Less than or equal to €1,856 | 100% |
Enter €22,271 and €24,503 | Enter €1,856 and €2,042 | 55% |
Enter €24,504 and €28,403 | Enter €2,042 and €2,367 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Legal persons
Legal aid may be granted to certain legal persons who do not have sufficient resources to conduct legal proceedings:
- Non-profit legal persons having their registered office in France
- Co-ownership trustees, if the building is subject to a safeguard plan or if a provisional administrator is appointed to conduct debt collection actions
What form should the application take?
To apply for legal aid, you have to fill in the form cerfa n°16146.
You can fill out the form online, download and print it (or pick it up at your town hall or court office near your home).
You can get help filling out the form in a point-justice or in a structure of the France services network.
Who shall I contact
Where to apply?
Répondez aux questions successives et les réponses s’afficheront automatiquement
Court or Court of Appeal
The procedure is different depending on whether or not a court has already been seised.
A court is not yet seized of the matter
You must send the form you have completed and the supporting documents to the legal aid office (BAJ) of the court of your domicile.
You can also deposit the form and the supporting documents at the unique reception service of the litigant (SAUJ) of the court of your domicile.
Who shall I contact
A court is already seized
You must send the form you have filled in and the supporting documents to the legal aid office (BAJ) of the court that has been seized.
You can also deposit the form and the supporting documents at the single reception service of the litigant (SAUJ) of the court that has been seized.
Who shall I contact
Court of Cassation
You must send or file your application directly with the Court of Cassation.
Who shall I contact
Council of State
You must send or submit your application directly to the Council of State.
Who shall I contact
National Court of Asylum
You must send or submit your application directly to the National Court of Asylum.
Who shall I contact
FYI
if you don't have a stable home, you can do a domiciliation with a lawyer, the communal social action center or an association before filing your file.
Can the application be made after the start of the procedure?
You can apply for legal aid before going to court.
You can also make the application during the course of the proceedings, but in this case you have to make the application before the hearing.
The list of documents to be attached varies according to your nationality.
Répondez aux questions successives et les réponses s’afficheront automatiquement
French and EU citizens
1- Civil status and personal information
- Identity and nationality: double-sided copy of identity card, passport or driving license
- Home: Electricity, gas, water or telephone bill less than 3 months
- Dependants: family record book
2- Proof of resources and assets
- Latest Tax Notice or Tax Reporting Status Notice
- Proof of the value of your real estate other than your principal residence
- Proof of the amount of your savings (if you have savings)
You do not have to provide a tax notice if you are in one of the following situations:
- You do not have a tax notice or a tax status notice
- Your family situation has changed since your last tax return
- The amount of your income has changed since your last tax return
- You are seeking legal aid for a dispute between you and a member of your tax household
In this case, you must provide proof of change of situation (marriage certificate, divorce judgment, etc...) and proof of your taxable income for the last 6 months.
Example :
The following documents can be used as proof of your taxable income for the last 6 months:
- Pôle emploi Statement
- CPAM statements with daily allowances received
- Proof of payment of a pension
- Your employer's statement of income
- Award Notice
You do not need to attach a proof of income if you are in one of the following situations:
- You are a victim of one of the most serious crimes or you are related to a victim of such acts (murder, torture or barbarity, terrorism, rape)
- You appeal to the National Court of Asylum (CNDA)
- Your trial concerns a dispute concerning military disability pensions or compensation for victims of war and terrorist acts
- You want to enter into an amicable agreement as part of a settlement or participatory procedure
- You received full legal aid at first instance and you want to continue to receive it because your opponent has appealed
- You are initiating a proceeding following an unsuccessful attempt at an amicable resolution with legal aid
You must attach the proof corresponding to your situation.
3- Other documents depending on the procedure concerned by your request
You must list the following items that match your situation:
- Procedure for which you are seeking legal aid
- Jurisdiction you are considering or have already entered
- Jurisdiction before which you are summoned, if you are not the initiator of the proceedings
- Copy of the decision given at first instance, and justification for its notification or its extract, in the case of appeal proceedings
- Proof of acceptance of your file by the legal professional you have chosen, if you have already done so
- Proof of payment to the legal professional, if you have already made a payment
4- Intervention of the insurance or your employer
You must indicate whether or not your legal expenses are covered by one of your insurance policies or by an insurance policy of your employer.
If the insurance does not cover the costs of the trial, you must attach a certificate of non-coverage (cerfa n°15173):
Certificate of non-assumption by the insurer
If your insurance covers part of the costs, you must attach a certificate from the insurer specifying the ceiling of the guarantee actually covered and the nature of the costs covered.
If the dispute concerns your professional activity while your employer refuses to cover the costs of the proceedings, you must provide a written refusal from your employer on free paper.
Other situation
1- Civil status and personal information
- Identity and nationality: double-sided copy of valid identity card, passport or residence permit
- Home: Electricity, gas, water or telephone bill less than 3 months
- Dependants: family record book or equivalent foreigner document
2- Proof of resources and assets
- Latest Tax Notice or Tax Reporting Status Notice
- Proof of the value of your real estate other than your principal residence
- Proof of the amount of your savings (if you have savings)
You do not have to provide a tax notice if you are in one of the following situations:
- You do not have a tax notice or a tax status notice
- Your family situation has changed since your last tax return
- The amount of your income has changed since your last tax return
- You are seeking legal aid for a dispute between you and a member of your tax household
In this case, you must provide proof of change of situation (marriage certificate, divorce judgment, etc...) and proof of your taxable income for the last 6 months.
Example :
The following documents can be used as proof of your taxable income for the last 6 months:
- Pôle emploi Statement
- CPAM statements with daily allowances received
- Proof of payment of a pension
- Your employer's statement of income
- Award Notice
You do not need to attach a proof of income if you are in one of the following situations:
- You are a victim of one of the most serious crimes or you are related to a victim of such acts (murder, torture or barbarity, terrorism, rape)
- You appeal to the National Court of Asylum (CNDA)
- Your trial concerns a dispute concerning military disability pensions or compensation for victims of war and terrorist acts
- You want to enter into an amicable agreement as part of a settlement or participatory procedure
- You received full legal aid at first instance and you want to continue to receive it because your opponent has appealed
- You are initiating a proceeding following an unsuccessful attempt at an amicable resolution with legal aid
You must attach the proof corresponding to your situation.
3- Other documents depending on the procedure concerned by your request
You must list the following items that match your situation:
- Procedure for which you are seeking legal aid
- Jurisdiction you are considering or have already entered
- Jurisdiction before which you are summoned, if you are not the initiator of the proceedings
- Copy of the decision given at first instance, and justification for its notification or its extract, in the case of appeal proceedings
- Proof of acceptance of your file by the legal professional you have chosen, if you have already done so
- Proof of payment to the legal professional, if you have already made a payment
4- Intervention of the insurance or your employer
You must indicate whether or not your legal expenses are covered by one of your insurance policies or by an insurance policy of your employer.
If the insurance does not cover the costs of the trial, you must attach a certificate of non-coverage (cerfa n°15173):
Certificate of non-assumption by the insurer
If your insurance covers part of the costs, you must attach a certificate from the insurer specifying the ceiling of the guarantee actually covered and the nature of the costs covered.
If the dispute concerns your professional activity while your employer refuses to cover the costs of the proceedings, you must provide a written refusal from your employer on free paper.
Request for additional documents
The legal aid office may ask you for additional documents after your application has been lodged.
In this case, you must provide the requested documents within one month from the date on which you received the letter from the legal aid office.
If you do not send the requested documents within the deadline, your request will be rejected.
Examination of the request
Once the file is complete, the legal aid office checks whether you qualify for the aid.
The office may inquire with the public services to ensure the authenticity of the documents provided in support of the application.
He can also audition you.
Once it has all the necessary information, the legal aid office analyzes it and makes its decision.
Decision
Agreement
The legal aid office may take a decision on provisional admission if it considers that there is still no evidence for a decision, but that there is an urgency.
He or she may also take a final decision on admission if the application is complete and he or she considers that you qualify for the aid.
Depending on your resources, the office may grant you total or partial legal aid.
Refusal
The legal aid office may take one of the following decisions:
- Lapse: if you have not completed your file within the time it gave you to do so
- Incompetence: if you sent the application to the wrong legal aid office
- Rejection: if your application is manifestly inadmissible, unfounded or abusive
- Rejection: if you do not meet the conditions for legal aid
Notification
The Secretary of the Legal Aid Office must notify you of the decisions of provisional admission, final admission, rejection, lapse of the application and incompetence as soon as possible.
Legal aid shall cover all costs incurred in legal proceedings. These are:
- Remuneration of court officials (lawyer, bailiff, notary, etc.)
- Costs linked to the initiation of legal proceedings (summons by bailiff)
- Costs linked to the conduct of legal proceedings (expert opinion, social investigation, etc.)
- Costs related to the execution of the judgment given by the court (costs of service or seizure by bailiff)
However, the right to plead is not covered.
FYI
in all cases, the aid does not cover the costs that you may be ordered to pay by the judgment (e.g. damages or fines).
The level of reimbursement of costs varies depending on whether the legal aid granted is total (100%) or partial.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If you receive 100% support
All your legal costs are paid by legal aid, except the right to plead, €13, due before certain courts, which remains at your expense.
Amounts committed before the application for legal aid are not reimbursed (e.g. amounts paid to the lawyer for consultation before the application for legal aid).
If you receive partial assistance
The State shall pay part of the remuneration of lawyers and public or ministerial officers according to the rate of partial aid granted.
On the other hand, the State pays in full the other costs related to the proceedings or acts for which the partial legal aid was granted (costs of expertise, social investigation, etc.).
Costs covered by the lawyer's assistance
The lawyer's intervention aid is used to pay only your lawyer's fees, when you are engaged in one of the following non-judicial proceedings:
- Mediation ordered by the judge
- Application for certification of mediation not ordered by the judge
- Criminal, tax or customs investigation (hearing, confrontation, reconstitution)
- Procedure for executing a European arrest warrant
- Deprivation of liberty in the context of criminal, tax or customs investigations (custody, detention, detention)
- Detention of a foreigner for verification of his right of movement or residence
- Disciplinary proceedings of a person detained in a prison
- Disciplinary proceedings of a person detained in a social-medical-judicial security center
- Procedure for involuntary isolation of a detained person
The level of support for fees varies depending on whether the aid is granted in full or in part.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If you receive 100% support
All your legal costs are paid by legal aid, except the right to plead, €13, due before certain courts, which remains at your expense.
Amounts committed before the application for legal aid are not reimbursed (e.g. amounts paid to the lawyer for consultation before the application for legal aid).
If you receive partial assistance
The State shall pay part of the fees according to the rate of the partial aid granted.
You have to pay yourself the part of the fees that is not covered by the legal aid. You can sign a fee agreement with the lawyer at the outset to find out what you will have to pay.
Once legal aid is granted, you have the opportunity to freely choose a legal professional (lawyer, bailiff, expert, etc.).
If you are in a procedure in which you must be defended by a lawyer, you can contact the president of the Bar Association.
He'll point you to a court-appointed lawyer.
But that doesn't automatically entitle you to legal aid. You will therefore have to pay the lawyer yourself if your application for legal aid is not accepted.
However, the lawyer appointed or appointed ex officio is entitled to remuneration from the State if the procedure for which he assists you is one of the procedures in the following list:
- Judicial procedure for the release and supervision of psychiatric care measures
- Assistance of a person requesting or challenging the issuance of a protection order
- Immediate appearance
- Delayed appearance
- Transfer to the investigating judge
- Debate between the parties on the placement or continued detention in pre-trial detention
- Assistance to a minor in the context of an educational assistance procedure, a procedure before the juvenile judge in criminal matters or the juvenile court, an open hearing, an interrogation at first appearance or an investigation
- Assistance to an accused before the criminal court, the departmental criminal court, the juvenile court or the juvenile court in criminal matters
- Proceedings before the Judge for Liberties and Detention concerning the entry and residence of foreigners
- Proceedings before the Administrative Court concerning the removal of foreigners subject to a measure restricting their liberty
- Non-judicial proceedings (conciliation, mediation)
If you have had the assistance of a lawyer appointed or appointed by the court in one of these cases and you are not entitled to legal aid, you will have to reimburse the public treasury the sums paid by the State.
The situation varies depending on whether you have obtained total legal aid or partial legal aid.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Total legal aid
The fees of the lawyer or legal professional you have chosen are paid in full according to the legal aid scale. It is a rate of pay that is more favorable than the normal rate.
Partial legal aid
Only part of the fees of the lawyer or legal professional you have chosen is covered by legal aid.
Payment shall be made in accordance with the scale of legal aid. It is a rate of pay that is more favorable than the normal rate.
This scale shall not apply to the part of the fees which is excluded from the cost of legal aid.
The lawyer may offer to sign a fee agreement for that part of the remuneration you negotiate with him.
FYI
if you lose the trial and the judge charges you the costs of the proceedings, legal aid will not be used to cover those costs.
The decision to refuse, grant partial admission or withdraw legal aid must be given to you notified by a device which makes it possible to certify the date of receipt.
In addition, the notification shall include information on possible remedies.
You can appeal against the decision to refuse or withdraw legal aid, but also against the decision to grant partial aid.
You can make the appeal yourself or with the help of a lawyer.
The appeal must be lodged within 15 days of notification of the decision.
You must indicate in the appeal the reasons why you are challenging the decision. Example: An error that relates to the number of people in your household or the amount of your resources.
The appeal must be sent to the legal aid office which issued the decision by registered post with AR: titleContent.
You must attach a copy of the contested decision.
The department that issued the decision will forward your request to the competent authority to consider the appeal. The authority competent to examine the appeal depends on the court which is responsible for examining the case in respect of which you have requested legal aid.
Jurisdiction | Authority responsible for examining the appeal |
|---|---|
General case | 1er president of the court of appeal on which the court responsible for the case or the court of appeal responsible for the case depends |
National Court of Asylum (CNDA) | President of the National Court of Asylum |
Administrative Tribunal | President of the Administrative Court of Appeal on which the Court of First Instance depends |
Administrative Court of Appeal | President of the Administrative Court of Appeal in charge of the case |
Council of State | President of the Litigation Section of the Council of State |
Court of Cassation | 1er president of the court of cassation |
Conflict Tribunal | President of the Conflict Tribunal |
Once the appeal is heard, the new decision is sent to you notified by mail.
If you don't like this new decision, you won't have any recourse afterwards. This 2e the decision is final.
Please note
an appeal lodged by a lawyer with the president of the administrative court of appeal or the president of the contentious section of the Conseil d’État must be forwarded via the online service Remedy.
You reside in France and the procedure takes place in a European Union (EU) country
You can receive legal aid for a cross-border dispute that takes place in a European Union country, except Denmark. The aid may be granted to you only if you are a natural person and for one civil dispute or a commercial dispute.
We're talking about cross-border dispute where the court competent to hear your case or to enforce the judgment is located in another EU country.
To be eligible for legal aid, you must be unable to meet the legal costs of cross-border litigation.
In addition, these costs should not be covered by insurance or by your employer.
Your economic situation will be assessed by the competent authority of the country in which the procedure takes place. This review is based on criteria related to your income, financial savings and family situation.
If you are denied assistance because your income or savings exceed the limits, you can still prove that you cannot meet the legal costs. For example, you can demonstrate that there is a difference in the cost of living between France and the country in which the procedure will take place.
To apply for legal aid for a cross-border dispute, you must fill in the special online application form:
Application for legal aid in the European Union
In addition, you must attach the supporting documents corresponding to your situation.
You can send the form to the competent authority to examine the application for legal aid in the country where the procedure takes place.
You can find the competent authority to examine the application for legal aid in the EU countries via the following online service:
Find the foreign legal aid authority
You can also send the form to the Office of Legal Aid of the French Ministry of Justice. It will be responsible for forwarding it to the competent authority of the foreigner country.
Who shall I contact
Legal aid shall cover all costs incurred in cross-border proceedings:
- Pre-litigation consultancy costs to settle the dispute without legal proceedings (lawyer)
- Legal assistance costs for bringing proceedings before a court (legal advice, translation of documents)
- Legal defense costs (lawyer)
- Costs related to the enforcement of the court decision (bailiff's fees)
No, the amount of legal aid is not the same for all those who can benefit from it. It varies by country and depends on your income, your savings and the composition of your tax household.
You can appeal against the decision to refuse legal aid.
The appeal procedure varies according to the country which took the decision.
The notification the refusal decision must indicate how you can exercise the right of appeal.
You live in an EU country and the procedure takes place in France
If you live in an EU country (except Denmark), you can benefit from legal aid for a cross-border procedure in France. Legal aid will be granted only for one civil dispute or a commercial dispute.
We're talking about cross-border dispute where the court competent to hear your case or to enforce the judgment is located in another EU country.
To obtain legal aid, you must be unable to meet the legal costs of cross-border litigation.
In addition, these costs should not be covered by insurance or by your employer.
Your economic situation will be assessed by the competent French legal aid office.
This review is based on criteria related to your income, financial savings and family situation.
To estimate the amount of legal aid you could receive in France, you can use the following simulator:
Estimating the amount of legal aid
If you are denied assistance because your income or savings exceed the limits, you can still prove that you cannot meet the legal costs.
For example, you can demonstrate that there is a difference in the cost of living between your country of residence and France.
To apply for legal aid for a cross-border dispute, you must fill in the special online application form.
Application for legal aid in the European Union
In addition, you must attach the supporting documents corresponding to your situation.
You must send the form to the competent French authority to examine the application for legal aid for a cross-border dispute:
Who shall I contact
You can also send the application to the competent authority in your country of residence to receive and transmit the application for legal aid abroad.
Legal aid shall cover all costs incurred in cross-border proceedings:
- Pre-litigation consultancy costs to settle the dispute without legal proceedings (lawyer)
- Legal assistance costs for bringing proceedings before a court (legal advice, translation of documents)
- Legal defense costs (lawyer)
- Costs related to the enforcement of the court decision (bailiff's fees)
No, in France, the amount of legal aid is not the same for all those who can benefit from it.
Depending on the size of your income and the composition of your tax household, you can get total or partial legal aid.
The reference tax income is the total of a taxpayer's income, whether taxable or not.
This income is calculated at the level of the tax household. There is a difference between the family home, which is all the people who live together, and the tax home, which is all the people who file the same tax return. The members of the tax household are listed on a single tax notice.
The total aid corresponds to the maximum amount that can be granted, i.e. a rate of 100%.
The partial aid corresponds to 55% or to 25% the maximum amount that may be granted.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You're alone in your tax home
You can receive total legal aid (100%) if your reference tax income and the value of your movable and immovable assets do not exceed the following limits:
- Benchmark Tax Income: €12,271
- Value of movable assets: €12,271
- Value of real estate assets: €36,808
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Legal aid rate |
|---|---|---|
Less than or equal to €12,271 | Less than or equal to €1,023 | 100% |
Enter €12,272 and 14,505 | Enter €1,023 and €1,209 | 55% |
Enter €14,506 and €18,404 | Enter €1,209 and €1,534 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 2 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €14,480
- Value of movable assets: €14,480
- Value of real estate assets: €43,433
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €14,480 | Less than or equal to €1,207 | 100% |
Enter €14,481 and €16,714 | Enter €1,207 and €1,393 | 55% |
Enter €16,715 and €20,613 | Between and €1,393 and €1,718 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 3 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €16,689
- Value of movable assets: €16,689
- Value of real estate assets: €50,058
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual Resources | Monthly Resources (Indicative) | Support |
|---|---|---|
Less than or equal to €16,689 | Less than or equal to €1,391 | 100% |
Enter €16,690 and €18,922 | Enter €1,391 and €1,577 | 55% |
Enter €18,923 and €22,822 | Enter €1,577 and €1,902 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 4 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €18,084
- Value of movable assets: €18,084
- Value of real estate assets: €54,244
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €18,084 | Less than or equal to €1,507 | 100% |
Enter €18,085 and €20,318 | Enter €1,507 and €1,693 | 55% |
Enter €20,319 and €24,217 | Enter €1,693 and €2,018 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 5 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €19,480
- Value of movable assets: €19,480
- Value of real estate assets: €58,429
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €19,480 | Less than or equal to €1,623 | 100% |
Enter €19,481 and €21,713 | Enter €1,623 and €1,809 | 55% |
Enter €21,714 and €25,612 | Enter €1,809 and €2,134 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 6 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €20,875
- Value of movable assets: €20,875
- Value of real estate assets: €62,614
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources | Support |
|---|---|---|
Less than or equal to €20,875 | Less than or equal to €1,740 | 100% |
Enter €20,876 and €23,108 | Enter €1,740 and €1,926 | 55% |
Enter €23,109 and €27,007 | Enter €1,926 and €2,251 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Tax shelter of 7 persons
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €22,270
- Value of movable assets: €22,270
- Value of real estate assets: €66,799
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Support |
|---|---|---|
Less than or equal to €22,270 | Less than or equal to €1,856 | 100% |
Enter €22,271 and €24,503 | Enter €1,856 and €2,042 | 55% |
Enter €24,504 and €28,403 | Enter €2,042 and €2,367 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Once legal aid is granted, you have the opportunity to freely choose a legal professional (lawyer, bailiff, expert, etc.).
If you are in a procedure in which you must be defended by a lawyer, you can contact the president of the Bar Association.
He'll point you to a court-appointed lawyer.
But that doesn't automatically entitle you to legal aid. You will therefore have to pay the lawyer yourself if your application for legal aid is not accepted.
However, the lawyer appointed or appointed ex officio is entitled to remuneration from the State if the procedure for which he assists you is one of the procedures in the following list:
- Judicial procedure for the release and supervision of psychiatric care measures
- Assistance of a person requesting or challenging the issuance of a protection order
- Immediate appearance
- Delayed appearance
- Transfer to the investigating judge
- Debate between the parties on the placement or continued detention in pre-trial detention
- Assistance to a minor in the context of an educational assistance procedure, a procedure before the juvenile judge in criminal matters or the juvenile court, an open hearing, an interrogation at first appearance or an investigation
- Assistance to an accused before the criminal court, the departmental criminal court, the juvenile court or the juvenile court in criminal matters
- Proceedings before the Judge for Liberties and Detention concerning the entry and residence of foreigners
- Proceedings before the Administrative Court concerning the removal of foreigners subject to a measure restricting their liberty
- Non-judicial proceedings (conciliation, mediation)
If you have had the assistance of a lawyer appointed or appointed by the court in one of these cases and you are not entitled to legal aid, you will have to reimburse the public treasury the sums paid by the State.
The situation varies depending on whether you have obtained total legal aid or partial legal aid.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Total legal aid
The fees of the lawyer or legal professional you have chosen are paid in full according to the legal aid scale. It is a rate of pay that is more favorable than the normal rate.
Partial legal aid
Only part of the fees of the lawyer or legal professional you have chosen is covered by legal aid.
Payment shall be made in accordance with the scale of legal aid. It is a rate of pay that is more favorable than the normal rate.
This scale shall not apply to the part of the fees which is excluded from the cost of legal aid.
The lawyer may offer to sign a fee agreement for that part of the remuneration you negotiate with him.
FYI
if you lose the trial and the judge charges you the costs of the proceedings, legal aid will not be used to cover those costs.
The decision to refuse, grant partial admission or withdraw legal aid must be given to you notified by a device which makes it possible to certify the date of receipt.
In addition, the notification shall include information on possible remedies.
You can appeal against the decision to refuse or withdraw legal aid, but also against the decision to grant partial aid.
You can make the appeal yourself or with the help of a lawyer.
The appeal must be lodged within 15 days of notification of the decision.
You must indicate in the appeal the reasons why you are challenging the decision. Example: An error that relates to the number of people in your household or the amount of your resources.
The appeal must be sent to the legal aid office which issued the decision by registered post with AR: titleContent.
You must attach a copy of the contested decision.
The department that issued the decision will forward your request to the competent authority to consider the appeal. The authority competent to examine the appeal depends on the court which is responsible for examining the case in respect of which you have requested legal aid.
Jurisdiction | Authority responsible for examining the appeal |
|---|---|
General case | 1er president of the court of appeal on which the court responsible for the case or the court of appeal responsible for the case depends |
National Court of Asylum (CNDA) | President of the National Court of Asylum |
Administrative Tribunal | President of the Administrative Court of Appeal on which the Court of First Instance depends |
Administrative Court of Appeal | President of the Administrative Court of Appeal in charge of the case |
Council of State | President of the Litigation Section of the Council of State |
Court of Cassation | 1er president of the court of cassation |
Conflict Tribunal | President of the Conflict Tribunal |
Once the appeal is heard, the new decision is sent to you notified by mail.
If you don't like this new decision, you won't have any recourse afterwards. This 2e the decision is final.
Please note
an appeal lodged by a lawyer with the president of the administrative court of appeal or the president of the contentious section of the Conseil d’État must be forwarded via the online service Remedy.
You reside outside the EU or in Denmark and the procedure takes place in France
If you live outside the European Union or in Denmark, you can receive legal aid for a dispute in France. But you have to be French or a national of a European Union member country (except Denmark).
To find out whether you qualify for legal aid and to obtain an estimate of the amount to which you will be entitled, you can use this simulator:
Estimating the amount of legal aid
The amount of legal aid shall not be not the same for everyone those who can benefit from it. Depending on the importance of your income and the composition of your tax shelter, you can get legal aid total or legal aid partial.
Legal aid may be granted to natural and legal persons who fulfill the conditions for award.
Natural person
The examination of the conditions for legal aid varies according to your situation.
You are a victim of criminal and/or terrorist acts
Legal aid may be granted to you without looking at your income and wealth if you are a victim of criminal and/or terrorist acts.
Your beneficiaries may also benefit from this derogation.
You're a victim of domestic violence
If you are a victim of domestic violence, legal aid can be provided to you tuned in a manner that temporary for urgent procedure.
But you must afterwards justify that you fill in the income and wealth conditions required to obtain legal aid. If this is not the case, you will have to repay the legal aid you received on a temporary basis.
You're a minor
You can get legal aid without examining your income or wealth situation.
Minor not neglected
Legal aid shall be granted on a temporary a minor who is to participate in a judicial proceeding.
But there will be afterwards one checking to find out if the parents fill or not fill in the income and resource requirements required to receive legal aid.
If this is not the case, the parents will have to reimburse the legal aid granted to the minor on a provisional basis.
Neglected minor
Legal aid shall be granted on a temporary a minor who is to participate in a judicial proceeding.
In the case of a neglected minor, there is no verification as to whether or not the parents meet the income and resources requirements for legal aid.
Minor who requests to be heard by the Family Court Judge
Legal aid shall be granted unconditional a minor who requests to be heard by the family court.
Other
For obtain legal aid, you must complete the 2 conditions following:
- Your legal costs shall not not be fully covered by insurance
- Your reference tax income and the value of your assets shall not not to exceed the statutory ceilings
What is the benchmark tax income?
This is thetotal income of a taxpayer, whether they are taxable or not.
This income shall be calculated at the level of tax shelter. There is a difference between the family home, which is all the people who live together, and the tax home, which is all the people who file the same tax return. The members of the tax household are listed on a single tax notice.
Attention: people who live in a couple without being married or moved are not part of the same tax household, as they have to file their income tax return separately.
The reference tax income taken into account for the examination of the application for legal aid is that of your tax household. If there are several people in your tax home, the caps do not exceed take into account the income of all these people.
But if you are seeking legal aid for a procedure related to a dispute between you and a member of the tax household, the review of the revenue caps will be individualized.
What is heritage?
It's all of a person's assets. There is a distinction between movable and immovable heritage:
- Movable assets are all movable assets, i.e. your financial savings and your valuable assets: jewelry, car, furniture etc. It is only your financial savings that are taken into account for the examination of the application for legal aid.
- Real estate assets are all real estate assets: land, apartment, house, etc. Only part of your real estate assets are taken into account for the examination of the application for legal aid. Indeed, your principal residence and the real estate indispensable for the exercise of your professional activity are excluded from the value taken into account.
Finally, how is the amount of legal aid calculated?
The income and wealth limits take into account the composition of your tax household.
Depending on the size of your income and the number of people in your tax home, you can get total or partial legal aid:
- The total aid corresponds to the maximum amount that can be granted, i.e. a rate of 100%.
- The partial aid corresponds to 55% or 25% of the maximum amount that can be granted.
If your tax household is made up of several persons, the ceilings on the assets not to be exceeded take into account the movable and immovable assets of all these persons. But if you are seeking legal aid for a dispute-related proceeding involving a member of the tax household, the examination of the wealth ceiling will be individualized.
You're alone in your tax home
You can receive total legal aid (100%) if your reference tax income and the value of your movable and immovable assets do not exceed the following limits:
- Benchmark Tax Income: €12,271
- Value of movable assets: €12,271
- Value of real estate assets: €36,808
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Legal aid rate |
|---|---|---|
Less than or equal to €12,271 | Less than or equal to €1,023 | 100% |
Enter €12,272 and 14,505 | Enter €1,023 and €1,209 | 55% |
Enter €14,506 and €18,404 | Enter €1,209 and €1,534 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 2 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €14,480
- Value of movable assets: €14,480
- Value of real estate assets: €43,433
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €14,480 | Less than or equal to €1,207 | 100% |
Enter €14,481 and €16,714 | Enter €1,207 and €1,393 | 55% |
Enter €16,715 and €20,613 | Between and €1,393 and €1,718 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 3 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €16,689
- Value of movable assets: €16,689
- Value of real estate assets: €50,058
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual Resources | Monthly Resources (Indicative) | Support |
|---|---|---|
Less than or equal to €16,689 | Less than or equal to €1,391 | 100% |
Enter €16,690 and €18,922 | Enter €1,391 and €1,577 | 55% |
Enter €18,923 and €22,822 | Enter €1,577 and €1,902 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 4 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €18,084
- Value of movable assets: €18,084
- Value of real estate assets: €54,244
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €18,084 | Less than or equal to €1,507 | 100% |
Enter €18,085 and €20,318 | Enter €1,507 and €1,693 | 55% |
Enter €20,319 and €24,217 | Enter €1,693 and €2,018 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 5 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €19,480
- Value of movable assets: €19,480
- Value of real estate assets: €58,429
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources (Indicative) | Support |
|---|---|---|
Less than or equal to €19,480 | Less than or equal to €1,623 | 100% |
Enter €19,481 and €21,713 | Enter €1,623 and €1,809 | 55% |
Enter €21,714 and €25,612 | Enter €1,809 and €2,134 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 6 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €20,875
- Value of movable assets: €20,875
- Value of real estate assets: €62,614
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Maximum annual resources | Maximum monthly resources | Support |
|---|---|---|
Less than or equal to €20,875 | Less than or equal to €1,740 | 100% |
Enter €20,876 and €23,108 | Enter €1,740 and €1,926 | 55% |
Enter €23,109 and €27,007 | Enter €1,926 and €2,251 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Your tax home is made up of 7 people
You can receive total legal aid if your reference tax income and the value of your movable and immovable property assets do not exceed the following limits:
- Benchmark Tax Income: €22,270
- Value of movable assets: €22,270
- Value of real estate assets: €66,799
If the value of your assets exceeds one of the two heritage ceilings, you cannot benefit from legal aid (neither total nor partial).
If your benchmark tax income exceeds the income ceiling, you cannot receive total legal aid, but you may be able to receive partial legal aid. This requires that your reference tax income does not exceed the ceilings for the allocation of partial legal aid. There is a ceiling for legal aid at 25% and another for legal aid at 55%.
Annual reference tax income | Monthly reference tax income (Indicative) | Support |
|---|---|---|
Less than or equal to €22,270 | Less than or equal to €1,856 | 100% |
Enter €22,271 and €24,503 | Enter €1,856 and €2,042 | 55% |
Enter €24,504 and €28,403 | Enter €2,042 and €2,367 | 25% |
If you do not have a reference tax income, the limit is twice your taxable income for the last 6 months, after deducting a 10% deduction.
Legal persons
Legal aid may be granted to certain legal persons who do not have sufficient resources to conduct legal proceedings:
- Non-profit legal persons having their registered office in France
- Co-ownership trustees, if the building is subject to a safeguard plan or if a provisional administrator is appointed to conduct debt collection actions
What form should the application take?
To apply for legal aid, you have to fill in the form cerfa n°16146.
You can fill out the form online, download and print it (or pick it up at your town hall or court office near your home).
You can get help filling out the form in a point-justice or in a structure of the France services network.
Who shall I contact
Where to apply?
The completed form, accompanied by supporting documents, must be sent to the legal aid office of the court dealing with the case.
The legal aid office varies depending on the jurisdiction of the dispute.
Judicial Court, Court of Assize or National Court of Incapacity
You must send the form you have completed and the supporting documents to the legal aid office (BAJ) of the court in whose jurisdiction the competent court is located.
Who shall I contact
Administrative Tribunal
You must send the form you have completed and the supporting documents to the Legal Aid Office (BAJ) of the administrative tribunal's headquarters, or to the Legal Aid Office of the judicial tribunal within whose jurisdiction the administrative tribunal is located.
Other administrative court adjudicating at first instance
You must send the form you have filled in and the supporting documents
- the Legal Aid Office (BAJ) of the administrative court
- or the legal aid office of the court of law within whose jurisdiction the administrative court on which the competent administrative court depends is situated.
Can the application be made after the start of the procedure?
You can apply for legal aid before going to court.
You can also make the application during the course of the proceedings, but in this case you have to make the application before the hearing.
The application form for legal aid must be accompanied by a number of documents.
Marital status and personal information
You must prove your identity and nationality by producing a copy of your identity card, passport or driving license.
You must also provide proof of residence and the composition of your family: number of dependants. For example, you can produce a copy of your family booklet.
Proof of resources and assets
You must also attach to the application all the elements that can prove the amount of your income and the importance of your real estate wealth and financial savings.
You do not need to attach a proof of income if you are in one of the following situations:
- You are a victim of one of the most serious crimes or you are related to a victim of such acts (murder, torture or barbarity, terrorism, rape)
- Your trial concerns a dispute concerning military disability pensions or compensation for victims of war and terrorist acts
- You want to enter into an amicable agreement as part of a settlement or participatory procedure
- You received full legal aid at first instance and you wish to continue to receive it on appeal
- You are initiating proceedings following an unsuccessful attempt to reach an amicable settlement for which you have received legal aid
You must attach the proof that corresponds to your situation.
Procedure concerned by your request
You must list the following items that match your situation:
- Procedure for which you are seeking legal aid
- Jurisdiction you are considering or have already entered
- Jurisdiction before which you are summoned, if you are not the initiator of the proceedings
- Copy of the decision given at first instance, and justification for its notification or its extract, in the case of appeal proceedings
- Proof of acceptance of your file by the legal professional you have chosen, if you have already done so
- Proof of payment to the legal professional, if you have already made a payment
No intervention by the insurance or employer
You must indicate whether or not your legal expenses are covered by one of your insurance policies or by an insurance policy of your employer.
If the insurance does not cover the costs of the trial, you must attach a certificate of non-coverage (cerfa n°15173):
Certificate of non-assumption by the insurer
If your insurance covers part of the costs, you must attach a certificate from the insurer specifying the ceiling of the guarantee actually covered and the nature of the costs covered.
If the dispute concerns your professional activity while your employer refuses to cover the costs of the proceedings, you must provide a written refusal from your employer on free paper.
Request for additional documents
The legal aid office may ask you for additional documents after your application has been lodged.
In this case, you must provide the requested documents within one month from the date on which you received the letter from the legal aid office.
If you do not send the requested documents within the deadline, your request will be rejected.
Examination of the request
Once the file is complete, the legal aid office checks whether you qualify for the aid.
The office may inquire with the public services to ensure the authenticity of the documents provided in support of the application.
He can also audition you.
Once it has all the necessary information, the legal aid office analyzes it and makes its decision.
Decision
Agreement
The legal aid office may take a decision on provisional admission if it considers that there is still no evidence for a decision, but that there is an urgency.
He or she may also take a final decision on admission if the application is complete and he or she considers that you qualify for the aid.
Depending on your resources, the office may grant you total or partial legal aid.
Refusal
The legal aid office may take one of the following decisions:
- Lapse: if you have not completed your file within the time it gave you to do so
- Incompetence: if you sent the application to the wrong legal aid office
- Rejection: if your application is manifestly inadmissible, unfounded or abusive
- Rejection: if you do not meet the conditions for legal aid
Notification
The Secretary of the Legal Aid Office must notify you of the decisions of provisional admission, final admission, rejection, lapse of the application and incompetence as soon as possible.
Legal aid shall cover all costs incurred in legal proceedings. These are:
- Remuneration of court officials (lawyer, bailiff, notary, etc.)
- Costs linked to the initiation of legal proceedings (summons by bailiff)
- Costs linked to the conduct of legal proceedings (expert opinion, social investigation, etc.)
- Costs related to the execution of the judgment given by the court (costs of service or seizure by bailiff)
However, the right to plead is not covered.
FYI
in all cases, the aid does not cover the costs that you may be ordered to pay by the judgment (e.g. damages or fines).
The level of reimbursement of costs varies depending on whether the legal aid granted is total (100%) or partial.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If you receive 100% support
All your legal costs are paid by legal aid, except the right to plead, €13, due before certain courts, which remains at your expense.
Amounts committed before the application for legal aid are not reimbursed (e.g. amounts paid to the lawyer for consultation before the application for legal aid).
If you receive partial assistance
The State shall pay part of the remuneration of lawyers and public or ministerial officers according to the rate of partial aid granted.
On the other hand, the State pays in full the other costs related to the proceedings or acts for which the partial legal aid was granted (costs of expertise, social investigation, etc.).
Costs covered by the lawyer's assistance
The lawyer's intervention aid is used to pay only your lawyer's fees, when you are engaged in one of the following non-judicial proceedings:
- Mediation ordered by the judge
- Application for certification of mediation not ordered by the judge
- Criminal, tax or customs investigation (hearing, confrontation, reconstitution)
- Procedure for executing a European arrest warrant
- Deprivation of liberty in the context of criminal, tax or customs investigations (custody, detention, detention)
- Detention of a foreigner for verification of his right of movement or residence
- Disciplinary proceedings of a person detained in a prison
- Disciplinary proceedings of a person detained in a social-medical-judicial security center
- Procedure for involuntary isolation of a detained person
The level of support for fees varies depending on whether the aid is granted in full or in part.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If you receive 100% support
All your legal costs are paid by legal aid, except the right to plead, €13, due before certain courts, which remains at your expense.
Amounts committed before the application for legal aid are not reimbursed (e.g. amounts paid to the lawyer for consultation before the application for legal aid).
If you receive partial assistance
The State shall pay part of the fees according to the rate of the partial aid granted.
You have to pay yourself the part of the fees that is not covered by the legal aid. You can sign a fee agreement with the lawyer at the outset to find out what you will have to pay.
Once legal aid is granted, you have the opportunity to freely choose a legal professional (lawyer, bailiff, expert, etc.).
If you are in a procedure in which you must be defended by a lawyer, you can contact the president of the Bar Association.
He'll point you to a court-appointed lawyer.
But that doesn't automatically entitle you to legal aid. You will therefore have to pay the lawyer yourself if your application for legal aid is not accepted.
However, the lawyer appointed or appointed ex officio is entitled to remuneration from the State if the procedure for which he assists you is one of the procedures in the following list:
- Judicial procedure for the release and supervision of psychiatric care measures
- Assistance of a person requesting or challenging the issuance of a protection order
- Immediate appearance
- Delayed appearance
- Transfer to the investigating judge
- Debate between the parties on the placement or continued detention in pre-trial detention
- Assistance to a minor in the context of an educational assistance procedure, a procedure before the juvenile judge in criminal matters or the juvenile court, an open hearing, an interrogation at first appearance or an investigation
- Assistance to an accused before the criminal court, the departmental criminal court, the juvenile court or the juvenile court in criminal matters
- Proceedings before the Judge for Liberties and Detention concerning the entry and residence of foreigners
- Proceedings before the Administrative Court concerning the removal of foreigners subject to a measure restricting their liberty
- Non-judicial proceedings (conciliation, mediation)
If you have had the assistance of a lawyer appointed or appointed by the court in one of these cases and you are not entitled to legal aid, you will have to reimburse the public treasury the sums paid by the State.
The situation varies depending on whether you have obtained total legal aid or partial legal aid.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Total legal aid
The fees of the lawyer or legal professional you have chosen are paid in full according to the legal aid scale. It is a rate of pay that is more favorable than the normal rate.
Partial legal aid
Only part of the fees of the lawyer or legal professional you have chosen is covered by legal aid.
Payment shall be made in accordance with the scale of legal aid. It is a rate of pay that is more favorable than the normal rate.
This scale shall not apply to the part of the fees which is excluded from the cost of legal aid.
The lawyer may offer to sign a fee agreement for that part of the remuneration you negotiate with him.
FYI
if you lose the trial and the judge charges you the costs of the proceedings, legal aid will not be used to cover those costs.
The decision to refuse, grant partial admission or withdraw legal aid must be given to you notified by a device which makes it possible to certify the date of receipt.
In addition, the notification shall include information on possible remedies.
You can appeal against the decision to refuse or withdraw legal aid, but also against the decision to grant partial aid.
You can make the appeal yourself or with the help of a lawyer.
The appeal must be lodged within 15 days of notification of the decision.
You must indicate in the appeal the reasons why you are challenging the decision. Example: An error that relates to the number of people in your household or the amount of your resources.
The appeal must be sent to the legal aid office which issued the decision by registered post with AR: titleContent.
You must attach a copy of the contested decision.
The department that issued the decision will forward your request to the competent authority to consider the appeal. The authority competent to examine the appeal depends on the court which is responsible for examining the case in respect of which you have requested legal aid.
Jurisdiction | Authority responsible for examining the appeal |
|---|---|
General case | 1er president of the court of appeal on which the court responsible for the case or the court of appeal responsible for the case depends |
National Court of Asylum (CNDA) | President of the National Court of Asylum |
Administrative Tribunal | President of the Administrative Court of Appeal on which the Court of First Instance depends |
Administrative Court of Appeal | President of the Administrative Court of Appeal in charge of the case |
Council of State | President of the Litigation Section of the Council of State |
Court of Cassation | 1er president of the court of cassation |
Conflict Tribunal | President of the Conflict Tribunal |
Once the appeal is heard, the new decision is sent to you notified by mail.
If you don't like this new decision, you won't have any recourse afterwards. This 2e the decision is final.
Please note
an appeal lodged by a lawyer with the president of the administrative court of appeal or the president of the contentious section of the Conseil d’État must be forwarded via the online service Remedy.
Calculating your legal aid rights
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Law No. 91-647 of 10 July 1991 on legal aid Access to legal aid
- Decree No. 2020-1717 of 28 December 2020 implementing Law No. 91-647 of 10 July 1991 on legal aidConsolidated Decree on Legal Aid
- Decree No. 91-1266 of 19 December 1991 on legal aid Resource requirements: Section 1
- Decree No. 91-1266 of 19 December 1991 on legal aid: article 98Resource ceiling
- Decree No. 2019-1064 of 17 October 2019 laying down various provisions on legal aid
- Order of 30 December 2020 on the content of the application form for legal aid and the list of documents to be attached to it
- Circular of 15 January 2018 on the conditions of resources for legal aid (PDF - 385.3 KB)
FAQ
- Actors in the judicial worldService-Public.fr
- Legal costs: cost of a trialService-Public.fr
- European Union countriesEuropean Commission
- List of supporting documents for an application for legal aid (PDF - 44.9 KB)Ministry of Justice
- Changes in the application for legal aid as of 1 January 2021Ministry of Justice