Find Community Education Resources with Lone Star Legal Aid

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Lone Star Legal Aid (LSLA), a nonprofit law firm that advocates on behalf of low-income and underserved populations here in the Greater Houston area, has recently added a library of videos to its website to educate the community about some common civil legal issues. The videos were prepared by LSLA staffers and provide tips and answers to frequently asked questions encountered by the organization in its interactions with its client community. With the world still in the grips of the current health crisis, many videos are COVID-related and provide tips in such areas as consumer law, employment law, family law (available in Spanish, too), the pandemic’s impact on veterans and other public benefits, safety planning, economic stimulus and tax information, and SNAP benefits. To assist veterans with questions that may be specific to their situation, the Military & Veterans Unit (MVU) of LSLA has created videos to answer questions relating to VA service-connected disability claims, preventing identity theft, solutions for identity theft, and military discharge upgrades. The MVU has also produced videos that provide all Texans, regardless of military status, with helpful information about the divorce process in Texas as well as expunctions and nondisclosures.

In addition to these community education resources, LSLA assists with a wide array of legal matters, including:

• postconviction reentry issues;

• fraud or deceptive trade practice, unlawful repossessions, and bankruptcy;

• work place safety issues and employment discrimination;

• divorce and child custody;

• Medicaid and Medicare and county indigent health care;

• evictions and foreclosures; and

• delinquency and neglect issues.

In addition to the services listed above, LSLA has other programs and initiatives that are of help to the community. LSLA’s Crime Victim Unit provides assistance to individuals who have been victims of human trafficking, domestic violence, and elder abuse. The goal of its Equitable Development Initiative is to promote revitalization in low-income neighborhoods through community advocacy, environmental justice, and fair housing. LSLA also has a Low-Income Taxpayer Clinic that represents individuals involved in disputes with the IRS. You can find a list of all of LSLA’s services here.

Service of Process Through Social Media Approved by Texas Supreme Court

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In 2013, a bill was introduced in the Texas legislature to allow substituted service through social media websites. We wrote about if for this blog in August 2018. The 2013 bill was never referred to committee, and the subject was not addressed again until last year when the Texas Legislature enacted Senate Bill 891. This bill directed the Texas Supreme Court to adopt rules under Section 17.033, Civil Practice and Remedies Code that would “provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.”

According to the high court’s Order, “the court may authorize service…in any other manner, including electronically by social media, email, or other technology, that…will be reasonably effective to give the defendant notice of the suit.” In deciding to authorize substituted service in this manner, the court may consider such factors as: the defendant maintains a social media page on the specified website; the profile on the social media page is indeed the profile of the defendant; the defendant regularly accesses the social media account; and the defendant can reasonably be expected to receive actual notice if the electronic communication is sent to the defendant’s social media account.

The amendments will take effect on December 31, but public comments submitted to the court until December 1, will be considered if any changes to the amendments are deemed necessary.

Justice Court Cap Set to Double

Beginning September 1, the people of Texas will find it easier to obtain restitution when they have suffered damages: Justice Courts will hear cases on matters up to $20,000.

Justice Court jurisdiction has been limited for years to controveries concerning $10,000 or less, but inflation has rendered this limit increasingly out of date.

This change comes almost a decade into the effort to make Justice Court more accessible to the average Texan. In 2011, the legislature adopted Texas Government Code Sec. 27.060, which states the purpose of small claims court is to “ensure the fair, expeditious, and inexpensive resolution of small claims cases.” Justice Court judges are further required to keep hearings “informal, with the sole objective being to dispense speedy justice between the parties.”

At the Harris County Law Library, we see first-hand how average Texans can be frustrated by the $10,000 limit in pursuit of restitution, particularly in cases involving damage to their motor vehicles, or sometimes by unscrupulous contractors to their homes. Filing a small claims case requires filing out a one page, fill-in-the-blank form by hand. The form is conveniently available for free on the Harris County Justice of the Peace website. But even a Houstonian savvy enough to find their way to our reference desk is likely to be frustrated by the legalese-laden templates and handbooks necessary to press a claim worth any more than $10,000. Especially if they are suing an established corporation, even a well-educated pro se litigant with a good claim is likely to be unfamiliar with legal terminology and procedure, and will face an uphill battle.

As our library strives to provide all the residents of Harris County with access to justice, we are pleased our patrons will benefit from the broadened access to Texas’s so-called “people’s court.”

Legal Information at Your Fingertips

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Navigating the legal system is difficult enough, but imagine how complex and overwhelming it can be if you are maneuvering through it on your own without the help of experienced and knowledgeable legal counsel. Sadly, according the Self-Represented Litigant Network, a coalition of legal and non-legal professionals who seek to close the justice gap and reform the justice system, an estimated 3 out of 5 people involved in civil matters go to court without an attorney. We at the Harris County Law Library try to do our part by promoting open and equal access to justice for all and providing access to relevant, current, and accurate legal information. If you are a regular follower of our blog, you know that we sing the praises of TexasLawHelp.org, which has a wealth of information for self-represented litigants. However, we would also like our readers to be aware of some other websites that have a good selection of legal resources and lots of good legal information.

State Bar of Texas

On the webpage for the State Bar’s Legal Access Division, users can find links to a referral directory for legal services available to low-income Texans, a legal aid directory, a lawyer referral service, and Texas Lawyers for Texas Veterans, a State Bar program for military veterans. The State Bar also has available many free legal resources and pamphlets that cover a wide array of topics, such as the basics of the legal system, family law, immigration, and many more. Visitors can either download the pamphlet or request copies from the State Bar. Pamphlets are also available in Spanish.

The People’s Lawyer

Richard Alderman, author of Know Your Rights! and professor emeritus at the University of Houston Law Center, is known as “The People’s Lawyer,” and for good reason. Alderman is the force behind the popular website, The People’s Lawyer, which covers a wide array of legal topics from auto accidents to landlord/tenant law to small claims court. Users can find links to Texas consumer protection statutes and related federal consumer laws as well as links other useful websites relating to topics, such as lemon laws and product recalls, tax tips, and elder law. There is also an FAQ section with answers to common legal questions.

FindLaw

Another online resource for self-represented litigants looking for legal information is FindLaw, which is part of the Thomson Reuters family of businesses. FindLaw’s Learn About the Law section has informational articles about various topics including criminal law, employment law, family law, consumer protection, and so much more. Texas users can find links to Texas-specific laws and even some city-specific information, too. There are blog posts and podcasts about current legal issues that users may find interesting as well.

Houston Evictions Assistance Coalition

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To address the legal needs of Houstonians facing evictions, the Houston Bar Association (HBA) has teamed up with Houston Volunteer Lawyers (HVL); Houston Lawyer Referral Service; Dispute Resolution Center; Lone Star Legal Aid; South Texas College of Law Houston; Thurgood Marshall School of Law Earl Carl Institute for Legal and Social Policy, Inc.; and University of Houston Law Center to form an Evictions Assistance Coalition. With the moratorium provided by the federal CARES Act having expired on July 26 and court proceedings beginning again, the need for help in landlord/tenant matters is great. Those requiring assistance with an eviction are urged to visit hba.org/eviction for information about free legal representation for low-income persons. Visitors can also find a self-representation toolkit, information about mediation and lawyer referrals, eviction, and many more resources.

Tenants seeking free legal assistance with HVL can apply by using HVL’s online intake form or calling HVL at (713) 228-0735. With certain exceptions, applicants are required to provide identification and proof of income as well as complete information about their case. If accepted, HVL will try to place the case with a volunteer attorney. For more information about HVL and its services, please visit its website at makejusticehappen.org.

If you are a lawyer and want to help, you are invited to contact HVL at evictionvolunteer@hvlp.org. HVL will provide the necessary training and mentoring for interested volunteers.

Click here to read the Evictions Assistance Coalitions press release.