Kernrechtsfrage
Whether the refusal of legal aid was correct because the underlying debt-release action lacked chances of success.
Extrahierter Entscheid
The cantonal court could, on a summary review and on the basis of the signed letter of 12 December 2008, find the debt claims sufficiently clear and the action hopeless.
Extrahierte Begründung
Legal aid is denied when the prospects of success are clearly weaker than the risk of defeat. Here, the debtor’s signature on the bank’s letter, stating that the two mortgage claims were due and enforceable, amounted to recognition of enforceability; the handwritten annotation did not change that meaning.