Facts
The appellant, [A.] , was sued by the plaintiff, [B.] , with a payment order for CHF 65,000.-- plus 7% interest. The appellant filed a legal objection and requested free legal aid, which the District Court of Zofingen rejected with a ruling of April 14, 2011. The High Court of the Canton of Aargau rejected the application for free legal aid with a ruling of January 28, 2013. The appellant filed a civil law appeal with the request to overturn the High Court's ruling and grant him free legal aid.
The appellant was pointed out by the High Court that he had to comprehensively present and, as far as possible, provide evidence of his income and financial situation. Nevertheless, he did not submit any bank documents regarding his assets before the second instance, although this would have been easily possible for him.
Considerations
The Federal Court examines the requirements for free legal aid according to Art. 117 CPC and Art. 29 para. 3 Cst. Free legal aid requires that the person does not have the necessary means and that their legal claim does not appear to be without prospects.
The Federal Court finds that the appellant has violated his duty to cooperate by not making comprehensive statements about his assets. The lower court pointed out to the appellant that he had to comprehensively present and, as far…