What to do if legal aid is refused or must be repaid

Key rules

• Challenge deadline: Challenge a refusal in writing before the judge within 5 working days of being notified.
• Lawyer: You do not need a lawyer or procurador to file the challenge.
• Judge's decision: The judge's order on your challenge cannot be appealed.
• Repayment: If your finances improve within three years of the end of the case, you may have to repay the costs.
• False data: False or hidden information means you pay all costs and may be fined.

Can you challenge a refusal?

Yes. You have 5 working days from being notified of a refusal to challenge it before the judge. Note the date you were notified and count from there. If you are unsure how to count the days, ask the court or a lawyer straight away.

How to challenge

• Write a short statement saying you disagree with the decision and why. Send it to the court.
• You do not need a lawyer or procurador to file it. A procurador is the court representative who files papers for you.
• The court hears the commission that refused you and the Bar, and you can offer evidence. Add any missing proof of income, household details or declarations that caused the refusal.
• The judge decides by a written order. That order cannot be appealed, so make your challenge complete the first time.
• Each side normally pays its own costs of this challenge.

Why aid is usually refused

Most refusals come from income above the limit for your household size, or from missing or incomplete documents. Others come from assets such as a second home or savings, a claim the commission finds unjustified, or not being in an eligible group. If paperwork was the problem, fix it in your challenge. Limits change yearly and are applied by each region.

What happens to your court deadlines

Your court deadlines are paused while the application is decided. After a final refusal, they start running again from the date you are notified. If you challenge, they stay paused until the judge decides. You then act within the time that was left. If you do not challenge, you must act within your court deadlines. If you must now hire a private lawyer, your time runs from that notice.

When you may have to repay

Winning legal aid does not always mean you never pay. You may have to pay in these cases:

• Your finances improve. If this happens within three years of the end of the case so that you would no longer qualify, you may have to pay the lawyer, procurador and other free services. You pay in whole or in part, as your means allow.
• You win and the other side pays costs. Those costs go first to cover what the legal aid cost.
• You receive money from the case that is more than three times the legal aid threshold. You then pay the costs, up to the amount you received.
• You gave false or hidden data. You then pay all costs and may face fines.

If you lose and are ordered to pay the other side's costs, you pay them only if your finances improve within the same three years, meaning your income and assets exceed three times the IPREM.

The timeline, warnings and questions below cover the steps and common worries.

Timeline and deadlines

• Receive the final refusal and note the date you were notified: on the day you are notified

• Wait for the judge's decision; your court deadlines stay suspended: while the court decides

• Act on your case within the time that was left: after the judge decides

• If you do not challenge, act within your court deadlines: from the day the final refusal is notified to you

What to watch out for

• The challenge deadline is very short: You have 5 working days from being notified of a refusal to challenge it before the judge. Miss it and the refusal stands. Write down the notification date today and file your written challenge with the court right away.

• Your court deadlines restart after a refusal: If you do not challenge, your suspended deadlines restart from the day the final refusal is notified to you, and you may have little time left. Appoint a private lawyer quickly, or challenge the refusal so the deadlines stay suspended until the judge decides.

• Incomplete paperwork is a common cause of refusal: Missing income proof, household data or declarations that are not corrected in time lead to refusals, as do income above the limit and assets such as a second home or savings. Send every document the first time, and answer any request for missing papers straight away.

• You may have to repay the costs if your finances improve: If your finances improve within three years of the end of the case, you may have to pay the lawyer, procurador and other free services, as your means allow. You may also owe the other side's costs if you lose and your means exceed three times the IPREM in that time. Keep in mind that the three years count from the end of the case, and ask your lawyer before taking on new income or assets.

• False or hidden data means paying everything: If the aid was obtained with false or hidden information, you pay all the costs and may face fines. You also repay if the aid is revoked. Declare all income and assets honestly in your application.

Frequently asked questions

Do I need a lawyer to challenge a legal aid refusal?

No, you do not need a lawyer or procurador to challenge a legal aid refusal. You file a written challenge with the judge handling your case, or the first instance court of your area. The judge decides by an order that cannot be appealed, and each side normally pays its own costs.

What happens to my court deadlines while I challenge a refusal?

Your suspended court deadlines stay on hold while the judge decides on your challenge. Once the court decides, you must act within the time that was left.

Why do legal aid applications usually get refused?

Most refusals come from household income above the limit or from incomplete paperwork. Other causes are assets such as a second home or savings, a claim the commission finds has no merit, or not being in the eligible group. Send every income proof and declaration the first time.

Do I pay the other side's costs if I lose with legal aid?

Not unless your finances improve within three years of the end of the case. You then pay if your income and assets in that time exceed three times the IPREM, the public income benchmark. You also pay if the aid is revoked or the costs come from bad faith or recklessness.

Can I be asked to repay legal aid if I win?

Yes, if the other side is ordered to pay costs, you must cover your legal aid costs from that money, up to the amount recovered. The same applies if you receive money from the case above three times the legal aid threshold.