Key legal question
Whether the cantonal court correctly refused legal aid because the debt-liberation and payment actions lacked prospects of success
Extracted holding
Yes. On the available documents, the bank's early termination of the CHF 1,000,000 loan and the resulting enforceability of the secured claim were sufficiently plausible, so the actions were not serious enough to justify legal aid.
Extracted reasoning
The court held that the procedural file showed deteriorated financial circumstances, prior enforcement attempts, overdue interest, and a valid 90-day notice period that could be inferred from the registered letter. The lower court therefore did not act arbitrarily in finding the action likely to fail.