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DVAP - Client StoriesSandy & Jacob – Reunited!“Sandy” applied for legal services at DVAP’s East Dallas Clinic in November 2008. She was desperate for legal help and beside her self with anxiety over her two-year-old son, “Jacob.” At the time she applied for help, Jacob and Sandy had been separated for two weeks after the boy’s father, “Ron” refused to return the child to Sandy after a visit. Ron, and Iraqi vet suffering from some mental disabilities, had also threatened to hurt Sandy and anyone who helped her if she tried to get Jacob back. Although Sandy believed that Ron was Jacob’s biological father, the couple had never married, Ron’s name was not on Jacob’s birth certificate, and paternity had never been established. Sandy allowed Jacob and Ron to visit, but visitation orders were not in place. Sandy had asked the police to help her, but they turned her away. DVAP immediately accepted her case and referred it to the Jones Day “Lend-a-Lawyer”, Amanda “Mandy” Childs, who had been working with DVAP since October 2008. Mandy, with the assistance of volunteer attorney Ken Fuller, immediately filed a Petition for Writ of Habeas Corpus with a Writ of Attachment. If approved, this document would allow Jacob to be immediately returned to his mother. While it was denied, the court signed an order settting a hearing on the case and an order requiring Ron to bring Jacob to court for that hearing. Ron’s attorney appeared at the hearing on time, but tensions rose when Ron and Jacob did not show up. Finally, after two hours, Ron brought Jacob to court. When little Jacob spied his mother in the court room, he ran into her arms. Their reunion spoke volumes of the love and strong bond between this mother and child. There was not a dry eye in the court room. After a full hearing, Sandy and Jacob were reunited. Sandy then began working to obtain a protective order and establish paternity of the child. Volunteer Saves Home from Foreclosure“Eleanor” owed $6,111.40 to Dallas County for back property taxes and was facing foreclosure. To prevent the loss of her property, she entered into a loan agreement to cover the back taxes. After making her first three payments of $163.80 apiece towards the loan, she contacted the Dallas County Tax Office and learned that the loan company had not paid any taxes on her property. The loan company was not responsive towards Eleanor and she wanted to get out of the loan agreement so that she could make arrangements with the county tax collector. She applied with the Dallas Volunteer Attorney Program for assistance. Attorney Kara Altenbaumer-Price was able to get the loan company’s attention and they admitted the error of their ways. Kara helped Eleanor obtain a new loan for better terms and lower payments in order to pay off her taxes. In addition, Kara was able to lower Eleanor’s overall tax burden by getting a retroactive homestead exemption for her. With the help of her volunteer attorney, Eleanor was able to stay in the home that had been in her family for two generations with a monthly loan payment she could afford. Elderly Client's Credit RestoredElderly woman’s property cleared of faulty liens and her credit restored to allow her to access financing for medical expenses. When an elderly client, 71, applied for a reverse mortgage to help pay her $600 monthly medication expenses, the title company told her that there were two unsatisfied liens with a major bank, one on her homestead property and another on property that she and her ex-husband had sold in 1997. The first lien involved a 1988 loan, with a principal of $134,000 and an execution of lien renewal in 1991, which was not recorded until 1999 after both she and her husband had filed for bankruptcy. The second lien was an abstract of judgment of $12,000 entered on February 22, 1999, against her ex-spouse only. DVAP found a volunteer attorney to represent the client. The attorney, through a clear title action, obtained a release of the first lien on her property from the bank. In a negotiated settlement, the client was found not to be responsible for the second lien since it was her ex-husband’s debt. The release of both liens enabled the client to clear her credit and apply for the reverse mortgage. What had once been a hopeless situation for the client had now become, according to her, “the life line of hope for the desperate and hopeless time in my life. God’s blessing be on all of you (DVAP) who are kind enough to help the hopeless.” Grandmother Gains Legal Custody of Children in her CareGrandmother on fixed income assisted in gaining custody of grandchildren and obtaining child support for their care. A client came to the DVAP clinic to obtain custody of her two grandchildren, for whom she was caring. She is retired and lives solely off her monthly Social Security income. DVAP’s volunteer attorney established paternity, obtained custody of the grandchildren for her, and obtained child support from the parents. With legal custody and child support, the client was in a much better position to raise her grandchildren securely and successfully. The client has informed DVAP staff members, “I am very grateful and thankful for the representation I received. Thank you again and I sincerely apologize for the lapse of time in contributing this small donation.” DVAP Volunteer Assists Client in DTPA CaseSuccessful pursuit and collection for client in a “used car” Deceptive Trade Practices Act (DTPA) case. A client bought a vehicle from a used car dealer after being assured that a mechanic on staff had inspected the vehicle and that the engine was in good condition. He used his entire savings of $1,800 for the down payment. The seller assured him that it would be able to transport him to and from work. Only three weeks after he obtained the automobile, the engine threw a rod while the client was traveling to work. The seller agreed to replace the engine, and took possession of the vehicle; however, the seller failed, after repeated requests by the client, to do anything, other than retain all of the client’s money. In the meantime, the client lost his job because of his inability to get to work on time. Volunteer attorneys filed a DTPA claim on his behalf, based upon the seller’s promises that the vehicle was in good condition and that it would repair the vehicle. The case came to trial and the judge in the case awarded the client a total amount of $4,860.04, representing the money paid for the vehicle, lost wages after his job termination, and mental anguish. Volunteer Attorney Takes Family Law Case to TrialClient obtains custody and child support for unrelated child who is the half-sister to client’s biological child. Client has a biological child from a relationship with adverse party father who is a foreign national. He abandons client and their child and shows no interest in their child. Several years later, the adverse party impregnates a teenager who is unable to care for the baby. The biological mother and the adverse party give the baby to client who agrees to raise the child as her own since the child is a half-sister to her biological child. The adverse party father had not sought physical possession of the child until client pursued him for child support for their child and custody of his other biological child. The adverse party father hired an attorney and hotly contested litigation ensued. Adverse party rarely exercised visitation with his biological child---perhaps his motivation in opposing client was to avoid paying child support. Two social studies were conducted but the dispute continued until the case was tried. In this contested custody case, the motion to modify was filed in 1998 by a LANWT staff attorney and a succession of staff attorneys continued case representation until the DVAP mentor attorney and a DVAP volunteer attorney took up the case. Working together, both DVAP attorneys brought this prolonged litigation to a successful conclusion after a trial of 1½ days. The judge awarded the client custody of the child, current child support and retroactive child support. The client was delighted with the outcome: legal custody of her beloved “daughter”, current child support of $300 per month from adverse party father plus $20,100.00 in arrears and $157 per month current child support from biological mother, plus $10,519.00 in arrears. Disabled Client Obtains Divorce and QDRODisabled client obtains divorce with custody and support and property division including a Qualified Domestic Relations Order (QDRO). Deaf client (the wife) on social security disability seeks assistance at a DVAP neighborhood clinic with a divorce that, at first blush, appears to be uncontested except for property issues. A DVAP volunteer attorney agrees to undertake representation despite the added complexity of having to line up volunteer sign language interpreters for communicating with both his client and her adverse party spouse who is also deaf. Despite marriage counseling and occasional bouts of agreeableness, the philandering and emotionally unstable adverse party hires an attorney and contests custody, child support, and property division. The volunteer attorney represents his deaf client through highly contested litigation--- temporary orders, depositions, discovery, mediation, motions to compel and sanction, contempt motions, and finally, prove-up. Thanks to the volunteer attorney, the client obtains custody, child support, a fair and equitable property division and a QDRO for her portion of adverse party’s pension plan. As a result, client is empowered to properly provide and care for her minor children and she will have funds to assist her in her retirement years. Pro Bono Attorney Prevents EvictionLucy entered a lease agreement to pay both rent and her electric bill to her landlord. Despite the fact that she was rarely at home, Lucy began receiving extremely large electric bills. She questioned the bills but continued to pay both her rent and electric bills in order to comply with her lease until the electric bill became so high that her landlord instructed her that she would not have to pay it until they could investigate the problem. Soon thereafter, her apartment was sold to another company and the management changed, and she received notice that she was overdue for her electric bills. Not only was the new company holding her responsible for the unpaid bill, but they were also requesting payment for bills that she had already paid. Lucy had all her receipts which clearly indicated that she was compliant but apparently the previous owners had not maintained such careful records and/or had failed to pay the provider in her name. The new management company began making demands for nearly $1,000 in overdue electric bills and late fees for the electric bills. She tried reasoning with the new managers but they were even less willing to work with her on the matter. She had no choice but to pay what they demanded or be evicted. Lucy was locked out of her apartment, and her belongings were thrown in the trash. Lucy applied for legal help from DVAP and was referred to a young pro bono attorney who filed a lawsuit on her client’s behalf to reimburse her for her lost possessions. With the help of her attorney, Lucy and the management company settled the case, and Lucy received a settlement adequate to reestablish her household. Pro Bono Lawyer Helps Couple Retain PropertyMr. & Mrs. Smith purchased their home in 1996 from Mrs. Brown, who died in 1999. The Smiths had a warranty deed for the property which was properly filed in the county records. They were thrilled to be homeowners, and they paid all taxes on the property and renovated it. The City approached the Smiths about purchasing their home because the City wanted to build the new police academy on their land. The City performed a title search and did not believe that they had clear title to the land. The City advised the Smiths that they would need to have an Affidavit of Heirship executed before the City could purchase the home from them. The City believed that the Affidavit would clear any title issues. The Smiths approached Mrs. Brown’s daughter to obtain the information they needed to file the affidavit, but the daughter would not provide the information unless the Smiths paid her $15,000.00. The Smiths sought help from DVAP, and the case was referred to a pro bono attorney. After meeting with the Smiths and discussing their case with the city attorney, it was determined that the Smiths could validly claim title through adverse possession. Although the pro bono attorney believed that Mrs. Brown had the authority to sell the house to the Smiths, any claim made by her family could be quieted through the Smiths adverse possession claim. The pro bono lawyer drafted Affidavits of Adverse Possession that the city attorney reviewed, edited, and approved. The affidavits were executed by the Smiths and the closing went through without any problems. They received their money from the sale of the property and moved back to Mr. Smith’s hometown of Sulphur Springs, Texas. Landlord Tenant Recovery“Tom” runs a small photography business and rented a house where he lived and ran his business. While he lived at the property, Tom needed the assistance of the landlord on various occasions, and requested help but never received any. The landlord told him to deal with the problems or handle them on his own. Tom did this throughout the lease. When the lease was up, Tom delivered a 60-day notice letter to the landlord verifying his intention to move out of the property. Before moving out, Tom took great pains to clean the property thoroughly. He also trimmed all the bushes around the home, replaced a broken mailbox, and handled the extermination of a nest of rats in the attic of the garage. Tom even hired a professional cleaning service to clean the carpet of the rental home before he moved out. Despite Tom’s diligent upkeep of the property and timely notice to vacate, the landlord refused to return his security deposit. Tom applied with the Dallas Volunteer Attorney Program for help with the return of his security deposit. Tom was paired up with volunteer attorney Karl Larson. Karl obtained a default judgment in small claims court for the full amount of the deposit plus treble damages against the landlord and promptly began collection efforts. A writ of execution was issued and served by the constable. The landlord eventually paid Tom via a cashier’s check totaling $3,490.70, minus a $158.22 fee for the constable’s services. Elderly Client Crushed By Credit Card Debt“Donna,” a ninety-year old woman, applied via telephone for assistance with her bankruptcy. She was working part-time after seventy years as a hairdresser but her monthly income of $1,200 barely paid her bills. In order to provide for herself, she had gradually spent all her savings and sold all the assets left to her by her spouse. In an effort to meet her daily expenses and buy an occasional small gift for a grandchild, she turned to credit cards and soon found herself $37,000 in debt. There was no way she would ever be able to pay off the accumulated debt and so she came to the Dallas Volunteer Attorney Program for relief. Her volunteer attorney, Paul Vigushin, was especially impressed that his client was still working for so many years beyond the usual retirement age. He filed for Chapter 7 bankruptcy relief right away. Six months after her initial application, Donna’s debts were discharged and the harassing phone calls were silenced once and for all. Mark & Judy’s New Home“Mark & Judy” were avid fans of their regular radio station. When they heard that their favorite station was hosting a contest to win a new home, they quickly entered and crossed their fingers. Luck was on their side, or so they thought, when they learned that they had won a brand new home. Their dream come true started to evaporate before their eyes when the home builder refused to give them marketable title to the house. Mark and Judy applied for legal assistance and were referred to volunteer attorney Karl Larson. Mr. Larson filed suit against the home builder, and another prize winner who also had trouble with getting title to her home joined in the suit. Mr. Larson was in regular contact with the radio station about the progress of the case when the media caught wind of the situation. Newspaper articles and ‘on-air’ banter from other stations condemned the radio station for letting its listeners down. As the controversy heated up, the homebuilder filed for bankruptcy. In the end, the lawsuit was dismissed but the plaintiffs were made whole when the radio station presented the two parties each with a check for $100,000 for their losses. Pro Bono Lawyer Helps Client Maintain Relationship with Sons“Diana”, a mother with two sons, has had a difficult life. Involved with men who abused her and struggling with drug abuse, she applied for legal services in 2004 to regain custody of her sons. The boys had been removed from Diana’s care because of her drug use. Unfortunately, DVAP was not able to assist her in 2004 because, soon after applying for help, she was incarcerated on criminal matters related to her drug abuse. When she was released from prison in 2006, Diana reapplied for help with the same custody case. When Diana entered drug rehabilitation the first time, her youngest son’s paternal uncle took care of both her children. As the time for her release drew near, the uncle sent the older boy, who was not a relative, to live with Diana’s father and stepmother. He also filed a suit to terminate her parental rights to her youngest son. The biological father had already relinquished his parental rights so the uncle believed he could easily obtain a relinquishment from her as well. She refused; however, due to the strain of the law suit, she relapsed and was again incarcerated. The caretakers of her youngest son backed off temporarily from pursuing termination of her parental rights. When the applicant was released from prison, she took possession of her older son and wanted to get her youngest son as well. The uncle decided to pursue the termination case again, and Diana’s was again faced with losing her youngest child altogether. Diana went to DVAP’s East Dallas Clinic one week before she had to appear in court. She was interviewed by Attorney Michelle Galindo and, to quote our client “she has been there for me ever since.” Although the uncle maintained custody of Diana’s youngest son, they did not terminate her parental rights and she has a relationship with her son. The relationship between Ms. Galindo and the client has been mutually beneficial as the success of her rehabilitation has been a source of inspiration to others. Ms. Galindo regularly calls on her to talk to someone who is having similar difficulties. |
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