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February, 2005 Case
Bulletin
Volunteer Attorneys
are needed to represent clients in the cases listed below. Real Estate /Contract Elderly client bought a house but the conveyance was never recorded. Seller is deceased and house is currently included in seller’s estate for succession. Client needs assistance establishing her ownership of the house.
Real Estate Transfer (EASY!!!) Elderly client’s husband died recently. Client wishes to transfer ownership of her house from client to her four children with usufruct for the client.
Name Change of Minor Client (unmarried) wishes to change the last name of her child to match her last name.
Trust/Estate Advice
File # 07-00-SR001525 Elderly client would like advice regarding the appropriateness of a living trust.
Real Estate Transfer/Road Home Client and former spouse divorced; house was awarded to client. Client is ready to receive Road Home funds but house is still titled in client and former spouse’s name. Client needs assistance transferring title/deed to client’s name only so client can receive Road Home funds.
Community Property Division/Road Home Client and client’s former spouse are divorced; no community property division was addressed. Client needs community property settlement of house so that client can receive Road Home funds.
Road Home/Quitclaim Correction (EASY) During title search for Road Home closing, it was discovered that the Quitclaim Deeds that were executed to transfer client’s sibling’s interest in property were completed incorrectly. Quitclaim deeds need to be re-drafted and re-signed by client’s siblings. Client also needs advice regarding a minor’s mortgage that needs to be resolved prior to Road Home closing.
Landlord/Tenant Client was illegally evicted from her apartment. Landlord admits that he did not use eviction procedure, or any other legal means, when he padlocked client’s apartment with all of client’s belongings inside. Landlord has since disposed of all of client’s possessions. Client had paid rent beyond time that she was illegally evicted. Client would like monetary restitution.
Real Estate Client’s Petition for Temporary Injunction was granted; client requests assistance with obtaining permanent injunction. Client might need additional advice. Client entered into Bond for Deed contract as buyer. After 5 years of payments, client obtained bank financing. Closing for refinancing was to occur August 29, 2005 but did not occur due to Hurricane. Client seeks to finalize purchase of property; seller refuses to accept payment. Temporary Injunction was granted restraining seller/defendant from alienating, encumbering, donating, exchanging, wasting, concealing, or destroying the property.
Parent/Child Visitation Client has been paying child support for the last 2 yrs and has not been allowed to see his two kids, ages 5 and 4. Client would like some sort of visitation schedule.
Child Support Reduction Disabled client needs assistance with reducing child support obligations. Client has three child support orders. Client’s income is Social Security Disability and half of his (very small) benefit is being garnished for child support and arrearages. Client would like to reduce current payments and get arrearages under control.
Child Support Reduction Client and are wife separated; child support order was entered. Client earns approximately $1000.00 per month and has been ordered to pay $502.00 per month for child support. Client also supports his 88 year-old mother. Client would like to reduce his child support amount.
Child Support Homeless client with several child support obligations needs help consolidating them all and working with court to avoid being arrested for being in arrears.
Child Custody Biological and legal parent granted temporary custody of her children to third party while mother completed drug rehabilitation program. Mother completed program and has been drug free for more than one year. Temporary custody, which was granted for ONE YEAR, has expired. Mother would like to regain physical and legal custody of children.
Child Custody - Grandparent Client/grandmother has physical possession of two children. Children’s mother is deceased. Grandmother attempted to get driver’s license for granddaughter and was told she could not get a driver’s for her grandchild unless she had legal custody of grandchild. Client/grandmother seeks legal custody of grandchildren. Before her death, the children’s mother signed affidavit granting grandmother/client authority to make medical and educational decisions for children.
Child Custody – Grandparent Client seeks legal custody of grandchild who has lived with her since child was one year old; child is now eleven. Biological parents consent to grandparent custody. Client needs legal custody to obtain Section 8 housing voucher to retain housing for herself and child.
Child Custody Client/mother wishes to obtain legal custody of her child who lives with her. Child’s father moved to Guatemala. Client is fearful that child’s father will return from Guatemala and take the child.
Child Custody Client seeks legal custody of his two biological children. Children have been living with client for two years. Client states that other parent agrees to client having custody of the children.
*** Paternity/Child Custody (Urgent) Client seeks legal custody of his child who lives with him; child’s mother is deceased; client is not on child’s birth certificate. Client has had regular visitation with the child and has always paid child support to the child’s mother (copies of checks in the file). Mother recently died. Client needs to establish paternity and/or obtain custody of his child.
Parent/Child Visitation Client would like to establish visitation with his infant son. The infant lives with the mother. Mother denies client/father contact with the child. Father is on the birth certificate.
Paternity Client wishes to establish paternity of his son born 11/12/2006. Father was not named on the birth certificate. Father states that child’s mother agrees with paternity.
Paternity Client would like to establish paternity/kinship so that infant son can receive deceased father's social security benefits. Social Security told her she would need to get a paternity test because father died before baby was born therefore she was not allowed to list him as father on birth certificate.
Adoption Client wants to adopt Honduran born toddler that she has been taking care of for more than one year. Neither the child nor the child's mother are U.S. Citizens but they are both in the U.S. Mother consents to adoption. Mother has not had contact with the child for more than one year.
Interdiction Client seeks advice and counsel regarding interdiction of her Aunt. Aunt has dementia and is in a nursing home and does not qualify for Medicaid due to property ownership. Client would like advice regarding interdicting Aunt and selling property so that Aunt will qualify for Medicaid.
Interdiction/Guardianship Client seeks legal authority to make decisions for her brother who has mental retardation. Brother lived with, and was in the care of, mother until mother‘s recent death. Now client/sister seeks interdiction/guardianship/conservatorship of her disabled brother.
Driver’s License Suspension /Child Support Arrearage Client earns a living by driving. Due to child support arrearage, his driver’s license has been suspended. Client needs assistance reinstating his driver’s license so that he can earn an income and pay child support. Child is now 20 years old.
Driver’s License Suspension /Child Support Reduction Clientwas injured on the job; his current income is $680.00 per month from worker’s compensation. Client seeks assistance reducing his child support obligation because of the reduction in income and reinstating his driver’s license that was suspended due to child support arrearages.
State Wage Claim Two Spanish-speaking workers engaged in sheet-rock work for two weeks, without being paid by their employer. The employer in this case, also Spanish-speaking, claims that someone else might be responsible for paying the workers the $2300 in wages. Spanish-speaking volunteer students are available to assist in communication with both plaintiffs and defendants.
State (Possibly Federal) Wage Claim Homeless individual pressure-washed the streets near Canal for one 8 hour day and one hour the next day. His claim for unpaid wages against a local LLC totals $152. Client has a phone number where he can be reached. Please note that under Louisiana State Law the employee is entitled to 90 days liquidated damages from the time of non-payment (here, October 3 rd), and double damages if investigation reveals that the employer falls under federal law.
State Wage Claim A Spanish-speaking group of workers – an electrician, an A/C installer, and a sheetrock installer – all worked for the same employer on a number of different homes. While they were paid at different times and locations, they all suffered the same fate: non-payment of wages. Investigation of some of the other workers claims is needed. The employer received written demand and has engaged in discussion over the phone, and while he admits fault for some of the wages, does not believe he has to pay. This case, after further fact investigation, is ready for litigation. Spanish-speaking students are available to assist in communication and meetings with the client and other potential workers on the claim, which is at least $3,800. *** Note that this case might fall under federal jurisdiction using the “new business” standard within the Fair Labor Standards Act. Investigation/research needed. If this does prove to be viable, this might be a FLSA Collective Action, on the theory that other workers exist who are similarly situated.
State Wage Claim or Breach of Contract Two Spanish-speaking workers rent an apartment in Kenner, and were asked by their neighbor to do some painting and ceramics work in April-March of this year. The workers completed the work and are owed a total of $3250 in unpaid wages/breach of contract. They were to be paid $720/week, but were only paid $200 “here and there.” These workers worked 10-15 hours a day. Demand letter was sent November 13 th, with 30 days to respond. Volunteer Spanish-speaking students available for assistance with translation.
State Wage Claim AND/OR Workers Compensation; two cases, same client Single worker has both claim for $400 in unpaid wages and a worker’s compensation claim against his former employer. Client worked lifting and breaking up concrete. Demand has been sent certified to the employer, requesting response within 30 days of November 13 th. Request for signing release for records of medical information has been sent to the client, a possibly mentally disabled individual who is sincere and earnest in pursuing his claims.
Breach of Contract Client paid construction contractor. Contractor has performed only part of the work and the work he has performed has been substandard. Contractor started many aspects of the job, but has yet to complete any. Client would like to get her money back on the incomplete and substandard work.
Social Security Appeal St. Bernard client on Social Security with severe disk degeneration needs assistance in appealing a Monthly Repayment amount of $283 that should have long repaid the original amount owed.
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