The Affidavit of Indigency serves as a fundamental tool in the Austrian legal system to ensure equal access to justice regardless of financial means. This sworn statement is required when individuals seek court fee waivers or legal aid (Verfahrenshilfe) under Austrian law. The document must provide a detailed and accurate picture of the declarant's financial situation, including all sources of income, assets, debts, and regular expenses. The affidavit is typically used in conjunction with court proceedings when the declarant cannot afford legal fees, court costs, or legal representation. It must comply with the requirements set forth in the Austrian Code of Civil Procedure (Zivilprozessordnung) and related regulations governing legal aid and court fee waivers. The document's accuracy is crucial as false statements can result in legal penalties.
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1. Declaration Header: Formal heading identifying the document as an Affidavit of Indigency, including the court details and case reference number if applicable
2. Personal Information: Declarant's full name, address, date of birth, and other identifying information
3. Purpose of Application: Statement of the legal proceeding for which the declarant is seeking fee waiver or legal aid
4. Employment Status: Current employment situation, including employer details if employed, or length and reason if unemployed
5. Income Declaration: Detailed breakdown of all sources of monthly income, including wages, benefits, pensions, and other revenue
6. Asset Declaration: List of all assets owned, including property, vehicles, bank accounts, and their approximate values
7. Expense Declaration: Monthly expenses including rent/mortgage, utilities, food, transportation, medical costs, and other regular payments
8. Dependents: Information about family members or others financially dependent on the declarant
9. Debt Obligations: List of all current debts and payment obligations
10. Verification Statement: Formal declaration of truth and completeness of the information provided, with acknowledgment of penalties for false statements
1. Previous Legal Aid: Details of any previous legal aid or fee waivers granted, used when the declarant has prior history of receiving legal aid
2. Medical Circumstances: Description of any medical conditions affecting financial situation, included when health issues impact ability to pay
3. Expected Income Changes: Information about anticipated changes in financial situation, used when relevant future changes are known
4. Third Party Support: Details of any financial support received from family or others, included when applicable
5. Bankruptcy Status: Information about current or past bankruptcy proceedings, included if relevant
1. Income Documentation: Copies of pay stubs, benefit statements, tax returns, or other income proof
2. Bank Statements: Recent bank statements from all accounts
3. Expense Receipts: Documentation of major regular expenses
4. Asset Documentation: Property deeds, vehicle registration, or other asset proof
5. Debt Documentation: Copies of loan statements, credit card bills, or other debt evidence
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