About State Legal Aid
“What can I do if the stamp duty imposed in a civil lawsuit is very burdensome and exceeds my financial means?” asks our reader.
According to the Code of Civil Procedure, if the costs of a civil lawsuit endanger your or your family’s livelihood, you may qualify for state legal aid, under the conditions specified by a special law on this matter.
Emergency Government Decree No. 51 of 2008, regarding state legal aid in civil matters, provides that, except in criminal cases, legal aid can be requested for civil, commercial, administrative, labor, and social security cases.
Legal aid may cover:
- Fees: payment of fees for the chosen or appointed lawyer, judicial expert, translator, interpreter, or judicial executor,
- Stamp duty: any individual or legal entity may request an exemption, discount, installment payment, or deferral, including during enforcement proceedings.
Assistance can be provided in any of these forms, either jointly or separately, with the condition that, for fees, the amount of assistance does not exceed a maximum equivalent to 10 times the gross minimum wage per year. In our country, the current gross minimum wage is 1,250 RON.
If the advance payment of fees would pose a disproportionate burden relative to the individual’s income and assets, a waiver of advance payment may be granted, especially if it would threaten the maintenance of the individual, their spouse, and children under 26 who live with them.
State legal aid fully covers civil litigation costs if the interested party’s average net monthly income per family member was less than 300 RON in the two months preceding the filing. For income less than 600 RON, the state covers 50% of the costs.
Income calculation takes into account salary, periodic allowances, fees, pensions, rental income, profit from commercial or independent activities, as well as permanent expenses, periodic rent, and alimony payments.
Legal aid may also be requested regardless of the income limit established by law, proportionate to the applicant’s needs, if the costs of the proceedings would limit access to justice for that person.
The court hearing the case decides on the grant, and the applicant is not obligated to pay stamp duty. Supporting documents for the individual’s and family’s income and expenses must be attached, as well as a self-declaration specifying the types and amounts of assistance received in the past 12 months.
A request for review may be filed within 5 days if the decision denies legal aid.
If the person receiving aid wins the case, the court orders the losing party to reimburse the amount granted as aid; otherwise, the state covers these costs.