Many individuals who receive a summons or petition wonder: “Can I do this myself or do I always need a lawyer?” In some cases, you are indeed allowed to sue without a lawyer. But the question is whether it’s wise. In this article, we will explain when you can sue on your own, what the risks are, and why a lawyer is often a better choice.
When are you allowed to sue without a lawyer?
The law stipulates that some procedures do not require a lawyer. This particularly applies to the sub-district court.
Situations where you can sue by yourself:
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Claims up to € 25,000 at the sub-district court.
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Cases about rent (residential or commercial premises).
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Cases about employment contracts (wage, dismissal, vacation pay).
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Consumer issues, such as warranty and purchase disputes.
👉 You can go to court on your own or defend yourself in these cases.
When is a lawyer required?
A lawyer is required in procedures at:
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the district court (above € 25,000),
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the court of appeal (appeal),
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the Supreme Court (cassation).
A lawyer is also required in many family matters (such as divorce, custody, access).
Is it wise to sue on your own?
Although it is sometimes allowed, suing without a lawyer carries risks:
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Procedural law is complicated: missing deadlines or following a wrong procedure can be fatal.
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Formulating a defense is difficult: a judge expects legal arguments and evidence.
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Cost risk: if you lose, you not only pay your own costs but also (partly) the litigation costs of the other party.
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Unequal fight: if the other party does have a lawyer, you are often at a disadvantage.
Real life examples
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Example 1 (wage claim): An employee tried to file a wage claim himself. He forgot to submit evidence. The claim was dismissed. With a lawyer, he would probably have won.
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Example 2 (rental case): A tenant defended himself against an eviction. The court granted the request. He later hired a lawyer on appeal, preventing the eviction.
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Example 3 (small claim): A consumer sued a store himself to get € 500 back. This was successful because the evidence was straightforward. In such cases, suing on your own might pay off.
Checklist: sue on your own or engage a lawyer?
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📑 Is it a case up to € 25,000 at the sub-district court? Then you can go by yourself.
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⚖️ Is the case complex legally or factually? Then go for a lawyer.
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⏳ Can you monitor all the timelines and rules yourself?
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📄 Has the other party hired a lawyer? Then it is not wise to proceed on your own.
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💶 Remember that litigation costs can run high in case of a loss.
Common mistakes in suing on your own
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Not submitting a defense, or submitting it late.
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Not providing sufficient evidence.
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Reacting too emotionally instead of arguing legally.
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Forgetting that you have to pay the other party’s costs if you lose.
Frequently Asked Questions (FAQ)
1. Can I always go to the sub-district court without a lawyer?
Yes, in cases up to € 25,000 and in rental and employment matters.
2. Does the judge have more understanding if I don’t have a lawyer?
No, the judge expects you to abide by the same rules as a lawyer.
3. How much does a lawyer actually cost?
That varies per case. Sometimes your legal expenses insurance pays or you may qualify for subsidized legal aid.
4. Can I hire a lawyer later on?
Yes, you can. It is often even wise if the case becomes complex.
5. Can I sue on my own in appeal?
No, a lawyer is always required on appeal to the Court of Appeal.
Why Arslan Lawyers?
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Experienced in procedures at the sub-district court, district court and court of appeal
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Prevent costly mistakes with the right strategy and defense
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Help individuals to increase their chances of success
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Transparent costs and clear agreements
Conclusion
Suing on your own is sometimes allowed, but it is often risky. Suing involves more than just telling your story: it’s about deadlines, evidence, and legal arguments. With a lawyer by your side, you significantly increase your chances of a favorable outcome.