For people who can’t afford a lawyer, going to court can be a frightening and overwhelming experience. A service called LawHelp Interactive helps by making it easier to fill out essential legal documents.

LawHelp Interactive is a project of Pro Bono Net, a national nonprofit that works to increase access to justice. Users of the free service complete an online questionnaire about their legal issue. LawHelp Interactive then uses the responses to create a correctly completed legal document.

The service can be found at www.lawhelpinteractive.org, and specific forms can be accessed via LawHelp.org, Pro Bono Net’s consumer legal information site, which provides legal information, self-help tools and referrals to local legal aid organizations.

A wide variety of content is available on LawHelp Interactive. Commonly-used forms include those for divorce, parenting plans, orders of protection, wills, powers of attorney for property, advance directives, debt collection, and landlord-tenant issues. Interviews and templates are created by legal experts, usually from legal aid groups or the courts.

The service is also used by pro bono and legal aid attorneys looking to help more clients in less time, and in court self-help centers around the country. Last year LawHelp Interactive was used to complete nearly 150,000 documents, and usage is expected to continue growing.

People looking for free interactive legal forms can go to www.lawhelpinteractive.org and click “Find Forms” or go to www.lawhelp.org and select their state and the type of problem they need help with.

Dealing with debt collection agencies can be stressful and overwhelming. It’s important to remember that you have legal rights as to when and where you receive these calls. Resources like LawHelp.org, an online consumer legal information portal, provide information and self-help resources to help you deal with debt collectors.

Under the Fair Debt Collection Practices Act, which covers personal (as opposed to business) debts, debt collectors may not contact you early in the morning or late at night without your permission, and may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

LawHelp.org sites in many states contain sample letters you can customize with your personal information and then send to a collection agency to ask them to stop contacting you at your work, as well as a letter you can send requesting proof of the debt, known as a debt verification letter. If you send a debt verification letter within 30 days of receiving a notice from a debt collector, the collector must stop any collection efforts against you until they have verified the debt.

Debt collectors also may not harass or threaten you, and may not give false information. If you think a debt collector has violated the law, you can report them to your state Attorney General’s office or to the Federal Trade Commission.

For more information, visit your state LawHelp site (www.LawHelp.org). Other resources include the Federal Trade Commission (www.ftc.gov) and, in many cases, the state Attorney General’s office (you can find your state through The National Association of Attorneys General at www.naag.org). The Privacy Rights Clearinghouse, a nonprofit consumer organization, also has information and sample letters on its website (www.privacyrights.org).

With the recession pushing more Americans into poverty, it’s critical that taxpayers learn about and obtain all the tax credits that they’re entitled to. Online resources such as www.LawHelp.org, a national legal information portal, offer a variety of free tools and information for those grappling with tax preparation.

Resources accessible from LawHelp.org include easy-to-understand information about both state and federal taxes, including fact sheets for those facing a variety of special circumstances; information about rebates and tax credits; links to sites offering free tax filing; referrals to organizations that offer free or low-cost help; information on avoiding tax scams; and more. LawHelp.org is a project of Pro Bono Net, a nonprofit leader in increasing access to justice for the disadvantaged.

Among other tax topics, LawHelp offers information about the earned income tax credit (EITC), which offers benefits to millions of low-income, working Americans. According to the IRS, an estimated 20 to 25 percent of those eligible for EITC are unaware of it and therefore don’t receive the benefits they’re entitled to. The IRS has information about EITC at www.irs.gov.

Another useful tax resource is I-CAN! E-File, a free electronic filing system. I-CAN! E-File, which was developed by the Legal Aid Society of Orange County, can be used to file federal returns as well as state tax returns in California, Michigan, Montana, New York and Pennsylvania. More information can be found at www.icanefile.org.

For taxpayers 60 and older who need assistance, AARP runs a free tax-preparation service staffed by volunteers. More information is available at www.aarp.org/money/taxaide.

Resources available on sites such as LawHelp (www.LawHelp.org), a national legal information portal, can help citizens distinguish between actual Census workers and crooks.

It’s important to participate in the Census, which helps determine how federal funding gets distributed throughout the country for hospitals, job training, schools, public works projects, etc. Census data also determines the number of seats each state has in the U.S. House of Representatives. The information collected is 100% confidential and is not shared with any other agency or organization.

The Census is conducted via mail, with forms distributed to every household in America. Census takers will follow up in person with households that do not respond. Below are some tips from www.LawHelp.org for determining if someone claiming to be a Census taker is legitimate:

• Census takers may contact you by phone, mail or in person. They will never use e-mail or ask you to submit information online.
• Census takers will have a badge.
• Census takers will never ask for a Social Security number, bank account number or credit card number.

In addition to www.LawHelp.org, you can find information about the Census on its official website, http://2010.census.gov. If you think you have had information stolen, you can find information about what steps to take on www.LawHelp.org or on the website of the Federal Trade Commission (FTC) at http://www.ftc.gov/bcp/edu/microsites/idtheft.

]]> http://www.virginialawfirmattorney.com/avoiding-census-scams/feed/ http://www.virginialawfirmattorney.com/legal-help-for-veterans/ http://www.virginialawfirmattorney.com/legal-help-for-veterans/#comments Sat, 19 Dec 2009 20:27:28 +0000 admin http://www.virginialawfirmattorney.com/?p=193 Men and women who have served in the United States Armed Forces often face difficulties in accessing benefits and services they are entitled to.  There are more than 23 million veterans in the U.S., including more than 1 million who have served in Iraq and Afghanistan.  Among the issues they may have to deal with are disability benefit claims, housing issues, insurance and child custody or other family problems.

Fortunately, there are resources for veterans in need of free legal assistance, including LawHelp (www.LawHelp.org), a national legal information portal.

Disability claims are among the most common issues faced by veterans.  Veterans attempting to apply for benefits or to appeal their disability status must navigate complex Pentagon bureaucracy, often while struggling with the long-term effects of their disability.  Veterans’ disability requests average 161 days to process, according to the Dept. of Veterans Affairs, and can take years if claims are rejected and appealed.

Further complicating matters, the VA requires that attorneys be accredited in order to assist a veteran with benefits claims.

Those seeking help can turn to LawHelp.org, a program of Pro Bono Net, for information about their legal rights and referrals to local legal aid organizations.  Other resources include:

• Swords to Plowshares (www.swords-to-plowshares.org), which provides free attorney representation, case management, and advocacy to veterans seeking benefits;
• National Veterans Legal Services Program (http://www.nvlsp.org), which provides information and advocacy and also helps train attorneys interested in working pro bono with veterans;
• Disabled American Veterans (www.dav.org), which provides assistance with filing benefits claims as well as other types of support.

Family law refers to an area of law intended to assist families in resolving various legal issues. This can include a wide range of topics, such as adoption, child support, child custody, divorce, guardianship, paternity, spousal support and termination of parental rights.

These problems can be very complicated and stressful, and it can be difficult to navigate the legal processes. However, there are online resources, such as www.LawHelp.org, that can provide much-needed information.

Family law is mainly divided into the categories of marriage and children; a division with a blurred line because the two often overlap. Legal issues surrounding marriage can include things such as pre-nuptial agreements and other contracts such as joint wills that organize a couple’s finances. Divorce (dissolution/termination of marriage) and division of assets and the liabilities that are consequences of divorce are also handled within family law. Family practice that involves children overlaps with divorce in the area of custody issues as well as child support and visitation rights. Other legal issues involving children are child abuse, neglect, protection and termination of parental rights.

Laws in this area vary by state, so it’s important to get local information. Lawhelp.org, a national legal information portal, guides users to the help they need according to where they are located. The site offers easy-to-understand information about family law topics and referrals to local legal aid organizations that can help with these types of issues. In some states, users can even complete and print out certain legal forms, such as parenting plans, via an automated online interview.

Other organizations providing information on family law include the Child Welfare Information Gateway site (www.childwelfare.gov), run by the U.S. Dept. of Health & Human Services, which provides information on adoption, child abuse and neglect and family support services. The American Bar Association has a free, downloadable book, The ABA Guide to Family Law, available at http://www.abanet.org/publiced/practical/books/family/, which covers a variety of family law topics.

With unemployment at a 16-year-high in 2009, questions about unemployment benefits are on the minds of many Americans. Luckily, there are places to turn for help, including LawHelp (www.LawHelp.org) and other online resources.

Unemployment insurance is a benefit provided by the state for workers who meet certain eligibility requirements and who are unemployed due to no fault of their own. The specific details of the temporary financial assistance provided are determined by state governments within the guidelines set by federal law.

Presently there are 50 state unemployment insurance programs, with additional programs in the District of Columbia and Puerto Rico. Figuring out how to obtain benefits isn’t always easy, but there is help available.

LawHelp.org (www.lawhelp.org), an online legal information resource, can help locate unemployment insurance information for a user’s state. The site also offers information on how to find free or low-cost local legal help, find a local court, and file paperwork to make claims. LawHelp sites in many states also provide information about job training and placement.

The Federal Department of Labor provides information about unemployment insurance at http://www.dol.gov/dol/topic/unemployment-insurance. Information includes: how to file claims; the maximum period for receiving benefits (for most states 26 weeks); and notices of any temporary programs that extend benefits during economic recessions.

NELP, the National Employment Law Project (www.nelp.org) is another resource that provides information on unemployment insurance, including what benefits should be received and how to appeal unemployment claims that have been turned down. They’ve even created a special site for unemployed workers, at http://www.unemployedworkers.org with resources and the latest employment-related news.

“The best divorce attorney in Virginia” is a vague and boastful statement that cannot be supported by facts and may lead a layperson to develop unrealistic expectations about their chances of a particular outcome. Such a statement is based on an opinion and thus such statements cannot be included in an ad. In addition, statements claiming an attorney is “the best” could be based on the outcomes of past cases. Every legal case is unique and the legal outcome is based on the facts of that particular case. Lawyers are prohibited from advertising in a way that promises or suggests the probability of a specific outcome based on past cases. These claims may be interpreted by a layperson as a promise of a similar outcome.

Only factual information may be included and ads may not contain any statements that could be seen as overly boastful because such statements may be deceptive to a layperson. Ads may include such information as the attorney’s name, address, web address, and phone number. Other information may be included as well, such as biographical information, as long as the information is not used to create false expectations of a person seeking legal services. Information regarding a lawyer’s specialty can also be included. If the lawyer is, for example, certified by the Virginia State Bar to practice a specific area of law then this information can be included. For example, if the lawyer is a Virginia certified mediator or certified in Family Law then this information is useful to the public in making a decision and can be included.

Personal bankruptcy is a legal proceeding in which a person is released from the obligation to pay most or all of his or her accrued debt. A declaration of bankruptcy stops creditors from trying to collect debts at least until the law has sorted them out.

Bankruptcy is not the right step for everyone who is in debt. The requirements and the consequences mean that careful consideration should go into any decision to seek individual bankruptcy relief. For example, bankruptcy information (both the date of your filing and the later date of discharge) stays on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job.

The process of filing for personal bankruptcy is complex. For example, the majority of people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file and must complete a debtor education course to have their debts discharged. Individuals must also determine which type of bankruptcy they should pursue (Chapter 13 and Chapter 7 are the most common).

Resources available online can provide more information and answer some common questions of those considering personal bankruptcy. Sites that provide help include Lawhelp.org (www.lawhelp.org), which has information about bankruptcy laws in different states, fact sheets, referrals to legal aid organizations that can help and more.

The Federal Trade Commission offers information on its website (http://www.ftc.gov/bcp/menus/consumer/credit/debt.shtm) and The United States Trustee Program, part of the Justice Department, has information on its site about obtaining credit counseling and debtor education (http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm).

Failure to file properly can result in dismissal of the bankruptcy case, denial of discharge or even criminal prosecution. Those considering filing for bankruptcy should make every effort to consult an attorney knowledgeable in bankruptcy law.

]]> http://www.virginialawfirmattorney.com/personal-bankruptcy/feed/ http://www.virginialawfirmattorney.com/domestic-violence/ http://www.virginialawfirmattorney.com/domestic-violence/#comments Tue, 28 Jul 2009 23:13:53 +0000 admin http://www.virginialawfirmattorney.com/?p=178

One in every four women will experience domestic violence in their lifetime, according to the National Institute of Justice and the Centers of Disease Control and Prevention. However, victims of abuse are not alone. There is support available, through hotlines such as the National Domestic Violence Hotline (1-800-799-SAFE) and websites such as www.WomensLaw.org and www.LawHelp.org.

Domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. While it is exerted in different forms, domestic violence often entails physical violence, intimidation, coercion and intense psychological abuse.

The National Domestic Violence Hotline (www.ndvh.org or 1-800-799-SAFE) offers crisis intervention, information and referral to victims of domestic violence, perpetrators, friends and families. The toll-free telephone hotline is staffed 24 hours a day.

WomensLaw.org (www.womenslaw.org) is a website dedicated to preventing domestic violence and helping those affected by it. It connects people with information about legal rights, finding legal help, preparing for court and helping others escape abusive environments.

LawHelp (www.lawhelp.org) is another helpful site that provides referrals to local legal aid organizations and social service agencies as well as self-help resources and information about legal rights and going to court. It was developed by Pro Bono Net, a nonprofit organization headquartered in New York that works to increase access to justice.

These sites arm victims with the information they need to take steps to prevent or end domestic violence in their lives and are gateways to both national and local information on the legal steps - such as an order of protection - that can be taken to counter domestic violence.

To report domestic abuse or get more information by phone, call:

National Domestic Violence Hotline: 1-800-799-SAFE

National Sexual Abuse Hotline: 1-800-656-4673

National Teen Dating Abuse Hotline: 1-866-331-9474