Volunteer Lawyer Manual West Tennessee Edition July 2014
Table of Contents 1 I. Program Overview………………………………………………………………...3 II. S ta te A tt o r n e y P a rt ic i p at i o n … … … … … … … … … … … … … … … … … … … … … .5 III. L e g
2 al S e r v ic e O r g a n iz at i o n s … … … … … … … … … … … … … … … … … … … … … 6 a. General Legal Help………………………………………………………..6 b. Arts………………………………………………………………………...8 c. Consumer and Debt………………………………………………………..9 d. Disability…………………………………………………………………10 e. Domestic Violence and/or Immigration………………………………….11 f. Elder……………………………………………………………………...14
3 g. Healthcare………………………………………………………………..15 h. Housing and Homelessness………………………………………………16 i. Human Rights……………………………………………………………18 j. Identity Theft…………………………………………………………….18 k. Immigration………………………………………………………………19 l. Pension Rights…………………………………………………………...21 m. Veterans………………………………………………………………….21 IV. M e d ia ti o n C e n te rs … … … … … … … … … … … … … … … … … … … … … … … … .. 2 3
4 V. S o ci al S e r v ic e R e s o u r c e s … … … … … … … … … … … … … … … … … … … … … .. . 2 4 VI. S el
5 f- R e p r e s e n te d L it i g a n ts R e s o u r c e s … … … … … … … … … … … … … … … … .. .
6 3 5 VII. O t h e r L e g al R e s o u r c e s … … … … … … … … … … … … … … … … … … … … … … .. . 3 8
7 VIII. F r e q u e n t L e g al T o p ic s a n d P o te n ti al S o l u ti o n s … … … … … … … … … … … …
8 … . 3 9 a. Birth Certificates…………………………………………………………39 b. Child Support and Family Issues………………………………………...40 c. Conservatorship and Power of Attorney…………………………………42 d. Criminal Issues and Expungement……………………………………….43 e. Domestic and Dating Violence…………………………………………..44 f. Driver’s License Issues…………………………………………………..46 g. Food Stamps……………………………………………………………..48 h. Homeless Veterans……………………………………………………….49 i. Immigration and Asylum………………………………………………...50 j. Landlord and Tenant Issues……………………………………………...52 k. Mental Illness and Addiction…………………………………………….53 l. Mortgage Fraud and Predatory Lending…………………………………54 m. Social Security Disability Benefits………………………………………55 n. Subsidized Housing and Home Ownership……………………………...56 o. Suicide Prevention……………………………………………………….57 p. Temporary Assistance for Needy Families………………………………58 q. Unemployment Benefits…………………………………………………59 r. Wage Garnishment Issues………………………………………………..60 IX. L e g al C li n ic s i n W e st T e n n e s s e e …
9 … … … … … … … … … … … … … … … … … .. . 6 1
Program Overview
The Problem
More than 35 million Americans live below the poverty level, and another 10 million have incomes that are less than 25% higher than the poverty level. At least 40% of these Americans have a legal problem of some kind each year. About 70% of low- income Tennesseans experience some type of legal problem each year. Approximately one million Tennesseans need legal counsel and cannot afford it. However, with only 75 or so Legal Aid attorneys, most of those low income individuals have limited or no access to legal counsel. They often do not turn to the system for solutions because they feel shut off from the legal system or believe the system will not help them.
Tennessee Access to Justice Commission
10 The Access to Justice Commission was created by the Supreme Court to develop a strategic plan for improving access to justice in Tennessee that includes education of the public, identification of priorities to meet the need of improved access to justice, and recommendations to the Supreme Court of projects and programs the Commission determines to be necessary and appropriate for enhancing access to justice in Tennessee. The Commission unveiled its first strategic plan in 2010, the second in 2012, and the third in 2014. One aspect of the strategic plan is to incorporate the faith-based communities into the initiatives of the Access to Justice Commission.
The Tennessee Faith and Justice Alliance (TFJA)
The TJFA is a project of the Access to Justice Commission. It is an alliance of faith-based groups in Tennessee who commit to providing legal resources to their congregations and communities. The TFJA was created to align legal needs that surface at local houses of worship with local legal resources. The goal is to deliver legal services to those who often seek assistance in non-legal settings such as a place of worship.
Malpractice Insurance
• You have full malpractice coverage for any work you do through the TFJA.
• Please complete the Malpractice Insurance Form from the Acceptance Packet and send it by email, fax, or mail to the Pro Bono Coordinator. We need the following information:
– Name and BPR Number of the volunteer attorney
– Type of case the volunteer attorney took
– What actions the volunteer attorney took on the case (also report this to the program’s lead coordinator)
– Number of hours the volunteer attorney spent on the case
TFJA Contact Information
Pro Bono Coordinator
(615) 741-2687
State Attorney Participation
State attorneys should be able to participate in the Faith-Based Initiative as we partner with the legal service provider, TALS, to provide the attorneys with the required malpractice insurance. Depending on the particular agency, state attorneys may have to limit their participation to serving as a resource for legal referrals and basic legal information, rather than taking on full representation. State attorneys should contact the Access to Justice Commission regarding barriers to participation.
• Judicial Branch Attorneys
o The pro bono activities of Judicial Branch attorneys are governed by Tennessee Supreme Court Rule 5 and Tenn. Code Ann. § 16-3-804.
o Although these attorneys are precluded from representing a client in court, the rule and statute makes clear that these attorneys are still able to participate in pro bono legal activities through an organized legal services provider that provides malpractice insurance for that attorney.
• Attorney General’s Office Attorneys
12 o The pro bono activities of attorneys in the Attorney General’s Office are governed by internal policies as well as Tenn. Code Ann. § 8-6-107.
o Similar to judicial branch attorneys, these attorneys may participate in pro bono activities as long as they do so through an organized legal services provider that provides malpractice insurance for that attorney. In addition, the attorneys in this office also need to seek approval from their supervising attorney to participate.
• Executive Branch Attorneys
o The pro bono activities of attorneys of executive branch agencies are governed by the internal policies of each agency as well as Tenn. Code Ann. § 23-3-102.
The statute makes clear that these attorneys are able to participate in pro bono legal activities through an organized legal services provider that provides malpractice insurance for that attorney, barring any restriction from the particular agency of which they are employed.
Legal Service Organizations GENERAL LEGAL HELP Community Legal Center (CLC) About: CLC provides pro bono legal services, educational programs, and legal clinics, to persons of limited means in Shelby County.
Contact: 910 Vance Avenue, Memphis, TN 39128 (901) 543-3395
Website: http://www.clcmemphis.com/
Memphis Area Legal Services (MALS) About: MALS provides numerous services for west Tennesseans. MALS serves the counties of Fayette, Lauderdale, Shelby and Tipton.
13 Requirement for Services: Clients who meet financial guidelines for low-income households are eligible for assistance. Clients who are 60 years of age or older are eligible for assistance from WTLS.
Contact: For Shelby County, call (901) 523-8822; for other service counties, call (901) 476-1808 from 8:00 a.m. to 4:30 p.m. or visit the MALS website at http://www.malsi.org/contact.php to find an office near you at. Referrals should call before they come in.
Services: MALS is able to assist with cases involving family, juvenile, housing, property, consumer, civil rights, health, public benefits, and elder law, as well as some other areas of law. MALS also operates the Atticus Finch Referral Program as well as specialized projects including the Earn Benefits Program, Home Preservation project, Supportive Services for Veterans’ Families, and the Opportunity Plus Project for domestic violence survivors.
Website: http://www.malsi.org/ (general website) http://www.las.org/booklets/ (Legal Aid of Middle Tennessee and the Cumberlands – use this for informational brochures only) http://www.laet.org/Need-Help/Legal-Information.aspx (Legal Aid of East Tennessee informational brochures)
Tennessee Alliance for Legal Services (TALS) About: TALS is an alliance of the federally-funded legal aid programs, independent providers of civil legal services, and supporting agencies in Tennessee.
Services: Online TN Justice People in need of legal services may access this resource at http://www.onlinetnjustice.org/. The system screens clients for eligibility and, if qualified, allows them to post a question to a private messaging system. The questions are answered by private attorneys volunteering their time. A client using OnlineTNJustice has the ability to check the system for answers at any time. Only the name of the client is shared with the volunteer attorney assisting them.
aLEGALz 14 This free legal hotline assists Tennesseans in finding resources to deal with civil legal issues. Those who cannot afford a lawyer may call the line at 888-aLEGALz (1-888-253-4259) and leave a message at any time. Calls will be returned by a licensed Tennessee lawyer.
Contact: 50 Vantage Way, Suite 250, Nashville, TN 37228 (615) 627-0956
Website: http://www.tals.org/
West Tennessee Legal Services (WTLS) About: WTLS provides numerous services for people in west Tennessee. WTLS serves Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Henderson, Henry, Lake, Madison, McNairy, Obion, Weakley Counties.
Requirement for Services: Clients who meet financial guidelines for low-income households are eligible for assistance. Clients who are 60 years of age or older are eligible for assistance from WTLS.
Contact: Call (731) 423-0616 or (800) 372-8346 from 8:00 a.m. to 4:30 p.m. or by visiting the website to find an office near you at http://www.wtls.org/Contactus.htm. Referrals should call before they come in.
15 Services: WTLS is able to assist with cases involving family, juvenile, public benefits, health, housing, and elder law, as well as some other areas of law. Additionally, WTLS provides assistance to those facing default on a mortgage, food stamp outreach, disaster assistance, etc.
Website: http://www.wtls.org/ (general website) http://www.las.org/booklets/ (Legal Aid of Middle Tennessee and the Cumberlands – use this for informational brochures only) http://www.laet.org/Need-Help/Legal-Information.aspx (Legal Aid of East Tennessee informational brochures)
ARTS
Tennessee Volunteer Lawyers and Professionals for the Arts (VLPA) About: VLPA provides legal assistance and education to low-income artists and non-profit arts organizations statewide. VLPA operates on an ongoing basis assisting clients both in-house through our volunteer legal associates and legal interns or by matching them with a pro bono volunteer lawyer. They also host quarterly legal clinics in the community.
Contact: Casey Summar, Executive Director 1900 Belmont Boulevard, Nashville, TN 37212 [email protected] [email protected]
Website: http://www.abcnashville.org/programs/vlpa
CONSUMER AND DEBT State of Tennessee Consumer Affairs Division About: This resource allows those in need to access resources and information to file complaints with businesses.
Requirement: The consumer must live in Tennessee, or the business must be located in Tennessee. Consumers are urged to contact the business, its manager, and owner/headquarters before filing a complaint.
Services: After unsuccessfully talking with the business, its manager, and its owner/headquarters, consumers may file a complaint with the
16 Tennessee Division of Consumer Affairs. Complaint forms are available online.
Contact: 500 James Robertson Parkway, Nashville, TN 37243 (615) 741-4737 [email protected]
Website: www.tn.gov/consumer/complaint.shtml
17 DISABILITY
Disability Law and Advocacy Center (DLAC) About: DLAC advocates for the rights of Tennesseans with disabilities to ensure that they have an equal opportunity to be productive and respected members of our society.
Services: For people who qualify, DLAC may be able to assist with problems related to disabilities including:
Abuse and neglect outside of the home Discrimination in housing, transportation, employment Access to public and private programs and services Access to mental health, rehabilitation and support services Access to appropriate education programs and services Obtaining and utilizing assistive technology services and devices Access to vocational rehabilitation services that promote employment and independence
Requirements: All people with disability-related concerns are eligible for information and referral services. Acceptance of direct advocacy and legal cases must be determined by federal guidelines and public-driven priorities.
Contact: 2416 21st Avenue South, Suite 100, Nashville, TN 37212 (615) 298-1080 or 1-800-342-1660 (toll free) [email protected]
Website: http://dlactn.org/
Tennessee Disability Pathfinder About: This website provides a way for families and individuals to find disability resources and services in Tennessee.
18 Contact: (800) 640-4636
Website: http://kc.vanderbilt.edu/pathfinder/
DOMESTIC VIOLENCE AND/OR IMMIGRATION
An Abuse, Rape, Domestic Violence Aid and Resource Collection About: This is a resource that lists resources available including shelters and safe houses to domestic violence victims by county. Visit the website below for local contact information depending on what resources are required.
Contact: [email protected]
Website: http://www.aardvarc.org/dv/states/tndv.shtml
Criminal Injuries Compensation Fund About: This program assists victims of crimes or, in the case of a victim's death, their dependent relatives. These payments are intended to defray the costs of medical services, loss of earnings, burial costs, and other financial losses incurred as a direct result of personal injuries sustained by a criminal offense. Eligible crimes generally include, but are not limited to, homicide, aggravated assault, sexual assault, robbery by force, and drunk driving.
Contact: 14th Floor, Andrew Jackson Building, 502 Deaderick Street, Nashville, TN 37243 (615) 741-2734
Website: http://www.treasury.state.tn.us/injury/ 19 End Slavery Tennessee About: This resource targets human trafficking through education, training, prevention, and aid to victims.
Contact: 50 Vantage Way, Suite 255 Nashville, TN 37228 (615) 806-6899
Website: http://www.endslaverytn.org/
Family Safety Center of Memphis and Shelby County About: This resource provides civil, criminal, health and social services for victims of family violence. Services include aid with Orders of Protection, advocacy, advice, consultation with District Attorneys, law enforcement reports, prosecution support, safety planning, shelter and therapy referrals, counseling, and religious support.
Contact: 1750 Madison Avenue, Suite 600, Memphis, TN 38104 (physical) P.O. Box 40091, Memphis, TN 38174 (mailing) (901) 222-4400
Website: http://www.familysafetycenter.org/ Memphis Sexual Assault Resource Center About: This resource provides shelter, transportation, counseling, support groups, advocacy, case management, referrals, and more to the counties of Madison, Gibson, McNairy, Henderson, Decatur, Benton, Crockett, Haywood, Hardin, Hardeman, Chester, Carroll, Henry, and Wayne.
Contact: 62 Directors Row, Jackson, TN 38305 (800) 273-8712
Website: http://www.wraptn.org/home.html
Shelby County Rape Crisis Center About: This resource provides forensic nursing, advocacy and counseling services regardless of whether or not the victim is reporting to law enforcement.
Contact: 1750 Madison Avenue, Suite 102, Memphis, TN 38104 (901) 222-4350
Website: http://www.shelbycountytn.gov/index.aspx?NID=737
Tennessee Coalition to End Domestic and Sexual Violence About: This Coalition provides civil legal services to sexual assault and domestic violence victims, including services for immigrants. The 20 Coalition takes court referrals, walk-ins, and outside referrals. Call on Tuesdays or Thursdays between 8:30 am and 12:30 pm to complete an intake.
Services: Clients who are sexual assault victims may receive help with civil legal issues relating to the sexual assault, including assistance with divorce and breaking a lease. Clients who are immigrants and are victims of domestic violence, stalking, or human trafficking may receive help with immigration issues as well. The Coalition also provides some emergency services regardless of immigration status at 800-289-9018 or www.tncoalition.org/#/findhelp.html.
Contact: Robin Kimbrough, Legal Counsel 2 International Drive, Suite 425, Nashville, TN 37217 (615) 386-9406 or (800) 289-9018 (toll free) [email protected]
Website: http://tncoalition.org/
Tennessee Economic Council on Women About: This resource provides a directory for resources for domestic violence. Resources include 24 hour hotlines, information on Criminal Injuries Compensations, assault centers, and local resources.
Contact: 24-hour crisis hotline at 1-800-799-7233
Website: http://tn.gov/sos/ecw/domestic_sexual_violence.html
WomensLaw.Org About: This resource provides services and information on laws that impact domestic violence victims. Legal topics include restraining orders, divorce, child custody, guns, parental kidnapping, and crimes. Tribal and religious laws impacting domestic violence are also included.
Website: http://www.womenslaw.org/gethelp_state_type.php?type_id=1638 &state_code=TN
Young Women’s Christian Association (YWCA) About: The YWCA offers victim advocacy in court, immigrant women’s services, safety planning and crisis intervention, education on
21 victim’s rights and victim compensation, navigation of the justice system, shelter, referrals for and assistance accessing essential services, and referrals to support groups.
Contact: 766 S. Highland Street, Memphis, TN 38111 (901) 323-2211
Website: http://www.memphisywca.org/
ELDER Aging Commission of the Mid South About: This resource has the goals of advocating for and assisting older adults and adults with disabilities in leading independent, meaningful, and dignified lives in their own homes and communities as long as possible. This resource serves the counties of Fayette, Lauderdale, Shelby, and Tipton.
Contact: 2670 Union Avenue Extended, Suite 1000, Memphis, TN 38112 (901) 222-4100
Website: http://www.agingcommission.org/home0.aspx
Tennessee Seniors Legal Handbook (Tennessee Bar Association) About: The Tennessee Bar Association’s publication on elder law issues including Social Security, Supplemental Security Income, Medicaid, pension rights, veterans’ issues, reverse mortgages, taxes, the Affordable Care Act, elder care, estate planning, guardianship, and much more.
Website: http://www.tba.org/sites/default/files/TBA-The_Legal_Handbook_ for_TN_Seniors-February_24-2014.pdf
Tennessee Commission on Aging and Disability Services: Access information on health needs and available services; get information on Alzheimer’s and dementia; report cases of elder 22 abuse; contact an advocate for the elderly in a facility; get information on guardianship issues; get counseling on Medicare; access a directory of Senior Centers; find information on home makers, personal care, and meal delivery; access Tennessee SHIP (State Health Insurance Assistance Program); and find local services providers.
Contact: Laverdia McCullough, Emergency Preparedness Coordinator 502 Deaderick Street, 9th Floor, Nashville, TN 37243 (615) 741-2056 [email protected]
Website: www.tn.gov/comaging www.tnmedicarehelp.com/index.aspx (Tennessee SHIP)
Tennessee Ombudsman Program About: This program helps residents and families resolve questions or problems by providing information on the admission process to nursing or assisted living facilities, by advocating for solutions, by working with and making referrals to other agencies, and by clarifying facility policies and regulations. Ombudsman can address concerns regarding qualify of care, financial information, resident rights, admissions, transfer, and discharge. Also included are questions regarding nursing homes, homes for the aged, assisted care living facilities, Medicaid, and Medicare.
Contact: Laura Brown, State Long-Term Care Ombudsman 502 Deaderick Street, 9th Floor, Nashville, TN 37243 (615) 253-4392 or 877-236-0013 [email protected]
Website: http://www.tn.gov/comaging/ombudsman.shtml
HEALTHCARE
Substance Abuse and Mental Health Services Administration About: This agency is a part of the U.S. Department of Health and Human Services and leads public health efforts to advance the behavioral health of the nation.
23 Contact: To find helpful resources nearby, visit http://beta.samhsa.gov/find- help or http://findtreatment.samhsa.gov/. Call (800) 662-HELP (4357).
Website: http://beta.samhsa.gov/grants
Tennessee Justice Center (TJC) About: The TJC is a non-profit, public interest law and advocacy firm serving families in need. TJC gives priority to policy issues and civil cases in which the most basic necessities of life are at stake, and where advocacy can benefit families statewide.
Focus: TJC focuses on providing services to those who are in need of TennCare or who are already eligible for TennCare. TJC helps low-income families obtain essential health care, food aid, and family assistance. TJC also provides information to the uninsured
24 and provides information on the Affordable Care Act. TJC does not assist people with private insurance.
Requirements: To qualify for assistance, clients must be uninsured or potentially eligible for or already receiving TennCare.
Contact: 301 Charlotte Avenue, Nashville, TN 37201 (615) 255-0331 or 1-877-608-1009 (toll free)
Website: http://www.tnjustice.org/
HOUSING AND HOMELESSNESS Community Alliance for the Homeless and Project Homeless Connect Memphis About: Community Alliance for the Homeless provides to those with housing issues referrals to shelters, utility assistance, and emergency services. Project Homeless Connect (“PHC”) links homeless individuals and families with the resources needed to help them move toward housing and self-sufficiency. PHC is a one-day event that provides help in legal issues, employment, mental and substance abuse, medical screenings, and more.
Contact: 44 N. Second Street, Suite 302, Memphis, TN 38103 (901) 527-1302
Website: http://www.communityallianceforthehomeless.com/
Mortgage Assistance Hotline About: This resource provides assistance for homeowners facing foreclosure and mortgage issues. The hotline is staffed Monday through Friday from 7:00 am to 6:00 pm CST.
Services: Callers can get free counseling over the phone or a referral for in- person counseling at a local nonprofit. This program provides relief to eligible homeowners such as loan modifications, refinance, forbearance, and short sales. The program also sets out
25 new servicing standards for the servicers to implement to improve communications with these servicers.
Contact: (855) 876-7283
Website: http://tn.gov/attorneygeneral/
National Alliance to End Homelessness About: This Alliance works with the public, private, and nonprofit sectors to build state and local capacity, leading to stronger programs and policies that help communities achieve the goal of ending homelessness.
Contact: 1518 K Street NW, Suite 410, Washington, DC 20005 (202) 638-1526 [email protected]
Website: http://endhomelessness.org/
National Coalition for the Homeless About: This resource links people who are currently experiencing or who have experienced homelessness with activists and advocates, community-based and faith-based service providers, and others who are committed to preventing and ending homelessness, ensuring the immediate needs of those experiencing homelessness are met, protecting civil rights.
Services: Justice in the areas of housing, economics, healthcare, and civil rights through public education, policy advocacy, and grassroots organizing.
Contact: 2201 P Street NW, Washington, DC 20037
Website: http://nationalhomeless.org/
Tennessee Human Rights Commission About: In addition to providing other services, the Human Rights Commission helps those who believe they have been discriminated against in the context of housing issues.
Contact: 312 Rosa L. Parks Avenue, 23rd floor, Nashville, TN 37243 (800) 251-3589 [email protected]
Website: http://tn.gov/humanrights/
26 HUMAN RIGHTS
Tennessee Human Rights Commission About: This Commission is responsible for enforcing the Tennessee Human Rights Act and the Tennessee Disability Act which prohibit discrimination in housing, employment, and public accommodation on the basis of race, color, creed, national origin, religion, sex, disability, familial status (housing only) and age (40 and over in employment). The Commission is also responsible for coordinating the state’s compliance with Title VI of the Civil Rights Act of 1964 which prohibits discrimination based on race, color and national origin by state agencies receiving federal financial assistance.
Contact: 312 Rosa L. Parks Avenue, 23rd floor, Nashville, TN 37243 (800) 251-3589 (general information) or (800) 325-9664 (housing) [email protected]
Website: http://tn.gov/humanrights/
IDENTITY THEFT
Criminal Investigation Division About: This website is a guide that provides victims of identity theft with access to major resources to contact in order to protect their identity from further theft, details the steps victims should take, and provides contact information for additional resources.
Contact: 1148 Foster Avenue, Cooper Hall, Nashville, TN 37243 (615) 251-5166 [email protected]
27 Website: http://www.tn.gov/safety/cididtheft.shtml
Federal Trade Commission About: This commission prevents unfair, anticompetitive, or deceptive business practices. This commission accepts complaints for identity theft and consumer issues.
Contact: 1-877-382-4357. Website: https://www.ftccomplaintassistant.gov/#&panel1-1
IMMIGRATION Catholic Charities of West Tennessee About: Catholic Charities offers a variety of services to meet the needs of a diverse population in the west Tennessee area. Please note that sometimes there are fees involved.
Services: These programs include feeding the hungry, adoption and pregnancy counseling, child welfare services, refugee and immigration services, family counseling, housing as well as services for seniors.
Contact: 1325 Jefferson Avenue, Memphis, TN 38104 901-722-4700
Website: http://www.ccwtn.org/
Justice for Our Neighbors (JFON) About: JFON is a faith driven ministry, welcoming Immigrants into our communities by providing high quality immigration legal services, education, and advocacy.
Services: JFON specializes in U-Visas, T-Visas, and Special Juvenile Visas. JFON holds monthly intake clinics at local houses of worship, but there is no geographical service limitation. JFON’s waiting list is very long, so call (615) 823-1945 and leave a message requesting an appointment.
28 Contact: Adrienne Kittos, Legal Director 2195 Nolensville Road, Nashville, TN 37211 (615) 835-2512
Website: www.tnjfon.org
Southern Migrant Legal Services About: Southern Migrant Legal Services is a project of Texas RioGrande Legal Aid to provide free legal services to migrant and seasonal farm workers. The Nashville office serves the entire state of Tennessee.
Services: SMLS focuses on worker’s compensation, immigration, U Visas, T Visas, and abandoned children.
Contact: 311 Plus Park Boulevard, Suite 135, Nashville, TN 37217 (615) 750-1200 or (866) 721-7828 (toll free)
Website: http://www.trla.org/office/nashville-smls
Tennessee Immigrant and Refugee Rights Coalition About: The Tennessee Immigrant and Refugee Rights Coalition is a statewide, immigrant and refugee-led collaboration to help immigrants and refugees develop a unified voice, defend their rights, and create an atmosphere in which they are recognized as positive contributors to the state.
Services: Community education on immigration issues, promotion of involvement and advocacy in the legislative process involving changes in immigration law, immigrant integration, promotion of community dialogue about immigration issues, and promotion of youth involvement in immigration issues.
Contact: 446 Metroplex Drive, Building A, Suite 224, Nashville, TN 37211 (615) 833-0384
Website: http://www.tnimmigrant.org/
29 PENSION RIGHTS Mid-America Pension Rights Project About: The Mid-America Pension Rights Project is a project of Elder Law of Michigan. This resource helps those with pension issues including denials.
Services: This resource finds and calculates retirement benefits, explains and advises clients on pension rights, investigates denials, and resolves pension and retirement benefit issues for those with pension issues.
Contact: 1-866-735-7737 from 9:00 pm to 5:00 pm.
Website: www.mid-americapensions.org
VETERANS American Bar Association Commission on Homelessness and Poverty, Veterans’ Directory About: The American Bar Association’s initiative on homelessness and poverty created a directory of resources for veterans.
Website: www.ctdol.state.ct.us/veterans/LegalServices.pdf
National Veterans Legal Services Program
About: The National Veterans Legal Services Program (“NVLSP”) is a nonprofit organization that works to ensure that the government delivers benefits to veterans and active duty personnel who have disabilities resulting from their military service. NVLSP’s current pro bono initiative is to assist veterans with applications for Combat-Related Special Compensation.
Services: NVLSP provides free legal help for veterans regarding disability claims and provides a list of law firms that participate in this program.
30 Contact: P.O Box 65762, Washington, DC 20035 (202) 265-8305 [email protected]
Website: http://www.nvlsp.org/
Stateside Legal, Directory of Legal Assistance About: Service members, veterans, family members, and advocates can find easy-to-use legal information, self-help legal resources, and networking tools.
Services: This resource provides free information on divorce, custody, veteran’s benefits, training and re-employment opportunities, and legal rights of service women.
Contact: http://statesidelegal.org/
Website: Visit www.statesidelegal.org/links#legal for a directory of legal services.
31 Mediation Centers Conflict Resolution Center of West Tennessee 636 Wallace Road, Jackson, TN 38305 (731) 660-5657 Linda Warren Seely, [email protected]
Exchange Club Family Center 2180 Union Avenue, Memphis, Tennessee 38104 (901) 276-2200 ext. 120 Laura Glaude, [email protected] Barbara King, [email protected]
Mediation and Restitution Reconciliation Services (MARRS) 4488 Poplar Avenue, Memphis, Tennessee 38117 (901) 261-2161 http://www.marrsmemphis.org/
32 Social Service Resources GENERAL SOCIAL SERVICE HELP City of Memphis Social Service Directory About: This resource provides a list of social services available in Memphis. Resources listed apply to children, the elderly, immigrants, victims of abuse, those in need of medical attention, those on probation, veterans, the homeless, and many others.
Website: http://www.memphis.com/government/business-directory/social- services
National Directory of Resources for the Needy About: The Homeless Shelter Directory is not just for the homeless but for the needy in general. The directory gives you access to many different resources for the needy.
Services: A directory is available to help find resources for homeless shelters, homeless service organizations, monetary assistance, transitional housing, free dental and medical clinics, treatment centers, outreach centers, day centers, relief organizations, resources for the abused and for victims of domestic violence, food pantries, food banks, and soup kitchens.
Website: www.HomelessShelterDirectory.org
United Way’s East Tennessee 211 Call Center About: 2-1-1 is a referral help line for community services in Tennessee and serves many counties statewide including Knoxville. It is available 24 hours per day, 7 days a week and staffed by trained specialists.
Services: 2-1-1 supports a database of more than 7,000 social, educational and health services offered by nonprofits, government and public agencies, community, civic and professional organizations, sliding- scale clinics, and houses of worship and congregations, among others. Callers will reach counselors who can provide information and referrals for social services, including the basics of food, utility
33 assistance, child care, etc. and numerous other social services that are available in Tennessee.
Contact: Dial 2-1-1 or the alternate number, (865) 588-421
World Relief Nashville and Memphis About: This group provides aid to refugees including employment services, refugee settlement, ESL classes, and health resources.
Contact: 2181 Union Ave., Memphis, TN 38104 (901) 341-0220
CHILDREN’S SERVICES Court Appointed Special Advocates About: This resource strives to appoint volunteer advocates who represent the best interests of abused and neglected children.
Contact: (800)-TNCASA-1, or (800) 862-2721
Website: http://www.tncasa.org/index.html
Memphis Child Advocacy Center About: This resource serves children who are victims of sexual and severe physical abuse through prevention, education and intervention.
Contact: 1085 Poplar Ave. Memphis, TN 38105 (901) 525-2377
Website: https://www.memphiscac.org/home.aspx
CONSUMER AND DEBT NeedHelpPayingBills.com About: This resource provides links to assistance for payment, settlement, or elimination of bills including medical, housing, energy, and prescription drug bills. The website also provides links to charitable organizations and benefit programs that may help pay for these bills or reduce the burden.
Website: http://www.needhelppayingbills.com/html/tennessee_assistance _programs.html
DISASTER RELIEF Federal Emergency Management Agency (FEMA)
34 About: FEMA provides public assistance, grants, shelter, and other resources to those who need disaster relief.
Contact: 500 C Street SW, Washington, DC 20472 (800) 621-3362
Website: http://www.fema.gov/ DOMESTIC VIOLENCE AND SEXUAL ASSAULT An Abuse, Rape, and Domestic Violence Aid and Resource Collection About: This is a resource that lists by county many resources available to domestic violence victims. Examples include shelters, crisis hotlines, victim advocacy programs, family crisis centers, and more.
Contact: [email protected] or visit the website below for resource center phone numbers in your county
Website: http://aardvarc.org/dv/states/tndv.shtml
Exchange Club Family Center About: This resource provides services to families that experience abuse or violence. Services include family mediation, group therapy, crisis intervention, and services for offenders.
Contact: 2180 Union Avenue, Memphis, TN 38104 (901) 276-2200
Website: http://www.exchangeclub.net/
National Domestic Violence Hotline About: This hotline provides compassionate support, crisis intervention information and referral services in over 170 languages. Find information about domestic violence, safety planning, and local resources online.
Contact: 1-800-799-SAFE (1-800-799-7233)
Website: http://www.thehotline.org/
35 Tennessee Coalition to End Domestic and Sexual Violence About: This Coalition provides civil legal services to sexual assault and domestic violence victims, including services for immigrants. The Coalition takes referrals and walk-ins. Call on Tuesdays or Thursdays between 8:30 am and 12:30 pm to complete an intake.
Services: Clients who are sexual assault victims may receive help with civil legal issues relating to the sexual assault, including assistance with divorce and breaking a lease. Clients who are immigrants and are victims of domestic violence, stalking, or human trafficking may receive help with immigration issues also. The Coalition provides some emergency services regardless of immigration status at 800- 289-9018 or www.tncoalition.org/#/findhelp.html.
Contact: 2 International Drive, Suite 425, Nashville, TN 37217 (615) 386-9406 or (800) 289-9018 (toll free)
Website: http://tncoalition.org/
Tennessee Economic Council on Women About: This resource provides a list of county resources available to victims of domestic violence, instructions on how to get an Order of Protection, hotlines, healthcare resources, and more.
Website: http://www.tn.gov/sos/ecw/domestic_sexual_violence.html
ELDER Tennessee Area Agencies on Aging and Disability About: This resource plans and provides programs and services for older Tennesseans, as well as those with disabilities. Visit the website for a list of county resources.
Website: http://www.state.tn.us/comaging/localarea.html
36 Tennessee Human Resource Agency (HRA) About: The state HRA provides local aging programs that provide information and services on a range of assistance for older adults and those who care for them. There are two Tennessee HRAs: the Northwest Tennessee HRA and the Southwest HRA.
Services: Northwest Tennessee HRA provides transportation services to those in the northwestern part of the state. The Southwest HRA offers more services including transportation, weatherization assistance, help to the homeless, food and energy assistance, help for the elderly, and more
Contact: For Northwest Tennessee HRA, call (731) 587-2900 For Southwest HRA, visit http://swhra.org/?page_id=93 to find the office that serves your area.
Website: http://www.nwthratransit.org/ (Northwest) http://swhra.org/ (Southwest)
HEALTHCARE Artists’ Health Insurance Resource Center About: This site provides a database of health care resources for artists, performers, freelancers and the self-employed. Access information on clinics, financial assistance programs, private insurance, and more at http://www.ahirc.org/categories/TN/view
Website: http://ahirc.org/
Case Management, Inc. About: This non-profit provides services including comprehensive mental health, 24 hour crisis intervention, food pantry, TennCare eligibility assistance, walk-in clinics, pharmacy, alcohol and drug treatment, individual or group counseling, and housing assistance.
Contact: Visit http://www.cmiofmemphis.org/contact.php to find a nearby location or call (901) 821-5600
Website: http://www.cmiofmemphis.org/index.html
37 Christ Community Health Services, Inc. About: This organization provides primary care, some dental, and some vision services to the homeless in Memphis and Shelby County.
Contact: 2595 Central Avenue, Memphis, TN 38104 (901) 260-8500
Website: http://www.nhchc.org/directory/christ-community-health-services/
Health Assist Tennessee About: This resource provides Healthcare Navigation for the Uninsured, Medical, and Social Service Interpreting Program, Children's Advocacy Services, Medicare Part D Selection Assistance for Adults with SPMI, and Cultural Competency Training for Medical and Social Service Providers.
Contact: 1-800-269-4038
Website: http://www.healthassisttn.org/
Health Department Directory (Tennessee Economic Council on Women) About: This resource provides a list of healthcare resources.
Website: http://www.tn.gov/sos/ecw/Healthcare_resources.html
Health Resources and Services Administration About: This resource allows clients to find federally funded healthcare centers that aid the needy, including people that do not have any health insurance.
Website: http://findahealthcenter.hrsa.gov/Search_HCC.aspx
Memphis Health Center, Inc. About: This resource for the homeless provides: 24-hour emergency, asthma, mental health, blood pressure, bronchitis/emphysema, dental, diabetes, pediatric, physicals, and primary health services. Also provides cancer screening, case management, social services, family planning, STD and TB testing/education, immunizations, labs, OB/GYN, PATH services, pharmacy, and referrals.
Contact: 360 E.H. Crump Boulevard, Memphis, TN 38126 (901) 261-2011
38 Website: http://www.nhchc.org/directory/memphis-health-center-health- care-homeless/ NeedyMeds About: This resource provides a list of free clinics, low-cost clinics, and other resources to help with prescription costs.
Website: For the list of clinics, visit http://www.needymeds.org/free_clinics. TAF?_function=list&state=tn
Ronald McDonald Houses About: This resource provides housing with cleaning and meal service to families with a hospitalized child so parents can be nearby.
Contact: (630) 623-7048
Website: http://www.rmhc.org/chapter-search
HOUSING AND HOMELESSNESS
AGAPE Child and Family Services About: This resource provides services including prenatal counseling for unplanned pregnancies, care for homeless and pregnant women, adoption services, foster care, and family counseling. AGAPE also provides housing for homeless pregnant women.
Contact: 111 Racine Street, Memphis, TN 38111 (901) 323-3600
Website: http://www.agapemeanslove.org/
Calvary Rescue Mission About: This resource provides assistance with housing, shelter, clothing and food to homeless men.
Contact: 960 South Third Street, Memphis, TN 38106 (901) 775-2570
Website: http://www.calvaryrescue.com/
Catholic Charities of West Tennessee About: Catholic Charities of West Tennessee: offers addiction, mental health, and shelter services for the homeless.
Contact: 1325 Jefferson Avenue, Memphis, Tennessee 38104 (901) 722-4700
39 Website: http://www.ccwtn.org/index.php?page=homeless Dorothy Day House of Hospitality About: This resource provides temporary housing, referrals, and support services to the homeless.
Contact: P.O. Box 40269, Memphis, TN 38174 (901) 726-6760
Website: http://www.dorothydaymemphis.org/about/
Dyer County Union Mission About: This resource provides service to homeless men, women, and families including case management, mental health, emergency shelter, and transitional housing.
Contact: 213 W Cedar Street, Dyersburg, TN 38024 (731) 285-0726
Website: http://newlifeunionmission.org/
Housing and Urban Development About: This resource provides a directory for emergency shelters in Tennessee for many people including those who are homeless, have children, are domestic violence victims, or are dependent on drugs. This resource also provides information for homeowners who are elderly, veterans, or disabled; who face foreclosure; who have trouble with predatory lending; or who have been discriminated against in the context of housing.
Contact: It depends on the specific issue involved, so visit http://portal.hud.gov/hudportal/HUD?src=/contact to find the appropriate contact information.
Website: http://portal.hud.gov/hudportal/HUD?src=/states/tennessee/homeless/ shelters
Memphis Union Mission About: This resource provides shelter, extended stay, medical clinics, emergency aid, recovery programs, food, and more to homeless men and women.
Contact: (901) 526-8403
Website: http://www.memphisunionmission.org/index.htm
40 Southwest Human Resource Agency About: This resource provides weatherization assistance, energy assistance, help to the homeless, and more.
Contact: Find the office nearest you at http://swhra.org/?page_id=93.
Website: http://swhra.org/
Tennessee Housing Development Agency (THDA) About: THDA promotes the production of more affordable new housing units for low and moderate income individuals and families in the state, promotes the preservation and rehabilitation of existing housing units for such persons, and brings greater stability to the residential construction industry and related industries so as to assure a steady flow of production of new housing units.
Services: THDA offers a variety of programs including the Emergency Repair Program for the Elderly, Emergency Solutions Grant Program, HOME Program, Housing Trust Fund Competitive Grants, Housing Modification and Ramp Program, Neighborhood Stabilization Program, and Weatherization Assistance Program.
Contact: Coralee Holloway, Director of Community Programs 502 Deaderick Street, Nashville, TN 37243 (615) 815-2030 or 800-228-THDA (toll free)
Website: http://thda.org/
Tennessee Housing Resource Directory About: This website contains an online directory for housing resources. The initiative is funded by THDA.
Contact: 1-866-973-3147, 8:00 am through 7:00 pm CST, Monday through Friday (English or Spanish) [email protected]
Website: http://tnhousingresource.org/Resources.html?content=regional
LEARNING AND LIBRARY Legal Information for Tennesseans (LIFT) About: This website connects users with legal information, legal forms, self-help resources, and attorneys. Additionally, library staff is trained to help users find legal information and use the site.
Website: http://www.legalinfotn.org/ 41 Memphis Public Library Classes About: This library offers computer classes, tax assistance, career and job coaching, legal clinics, and more.
Contact: Go to http://www.memphislibrary.org/libraries/map to find a nearby location. (901) 415-2700
Website: View the event calendar at http://www.memphislibrary.org/ calendar
VETERANS Courage Beyond Program About: This is a statewide program that provides free services to military Americans and families facing post-traumatic stress disorder and other invisible wounds of war. Services include online support groups and in-person mental health services to soldiers and veterans, regardless of discharge status or conflict in which they served. There is a 24-hour help line, free therapy services, online seminars and friendship with those who are facing similar challenges.
Contact: (866) 781-8010
Website: http://www.centerstone.org/services/Courage-Beyond
National Call Center for Homeless Veterans About: Created by the Department of Veterans Affairs, this resource ensures that homeless veterans or veterans at-risk for homelessness have free, 24 hour access to trained counselors. The hotline assists homeless veterans and their families, VA Medical Centers, federal, state and local partners, community agencies, service providers, etc.
Contact: 1-877-4-AID-VET (1-877-424-3838)
Website: http://va.gov/homeless/nationalcallcenter.asp
Shelby County Veterans’ Services 42 About: This resource provides help for veterans and dependents in filling out applications for disability, pensions, benefits, burial, education, home loans, and more.
Contact: 2670 Union Avenue Extended, 5th Floor, Suite 500 Memphis, TN 38112 (901) 222-4237
Website: http://www.shelbycountytn.gov/index.aspx?NID=220
Self-Represented Litigants Resources
43 aLEGALz About: This resource was created by a coalition of Tennessee legal groups and Memphis-based International Paper. Together, they have joined forces to fund and operate a toll-free phone line offering legal information and referrals to low-income Tennesseans.
Services: Low-income residents may call aLEGALz and leave a message about their legal issue. An attorney will call you back and give you information and/or resources that may be of help in addressing your legal issue.
Contact: 1-888-aLEGALz (1-888-253-4259)
Website: http://www.tals.org/1-888-alegalz
Justice for All Tennessee About: Justice for All Tennessee is a project of the Supreme Court. This website provides information for those who cannot afford an attorney and need legal help in civil cases.
Services: This resource provides legal information about the state court system and how to find an attorney, court forms, information about representing yourself in court, community resources, and court alternatives. The site also provides informational videos to aid in the court process and legal topics.
Contact: You may submit questions online if the site does not provide an answer by going to www.justiceforalltn.com/contact.
Website: http://justiceforalltn.com/
Legal Aid Pamphlets and Information Online
44 About: The Legal Aid Society provides informational pamphlets and links on helping yourself in civil matters. Call or visit your local Legal Aid Society office for an informational pamphlet on your particular legal issue. Currently, the Legal Aid Society offers pamphlets and/or online information on general legal information, food stamps, unemployment, Social Security, Conservatorships, Juvenile Emancipation, Drivers Licenses, Wills, Powers of Attorney, bankruptcy, foreclosure, repossession, bill collection, garnishments, representing yourself in General Sessions, etc.
Contact: For Fayette, Lauderdale, and Tipton Counties, call (888) 207-6386; for Shelby County, call 901-523-8822. For all other western Tennessee counties, call (731) 423-0616.
Website: http://www.malsi.org/index.php http://www.las.org/booklets/ (for informational booklets only) http://laet.org/Need-Help/Legal-Information.aspx (informational booklets only) http://wtls.org/publications.htm (West Tennessee Legal Services)
Legal Information for Tennesseans (LIFT) About: This is an online resource which can be used to search for legal information, legal forms, and attorneys in Tennessee. Additionally, the program allows Tennesseans to search library databases for legal documents and to speak with local librarians about accessing legal information in local libraries.
Contact: Contact the program at http://www.legalinfotn.org/webform/ contact-us.
Website: http://www.legalinfotn.org/
Online Tennessee Justice About: Online Tennessee Justice is a joint project of the Tennessee Alliance for Legal Services and the Tennessee Bar Association. It is designed to increase low-income residents’ access to justice.
Services: Low-income residents may submit legal questions online. An attorney will email you back and give you information and/or resources that may be of help in addressing your legal issue.
Website: http://www.onlinetnjustice.org/
Self Help Center, Administrative Office of the Courts
45 About: This website provides information and videos about the court system, finding an attorney, locating additional resources, finding a mediator or court clerk, forms that may be used in court, links to Tennessee law and court rules, and representing yourself in some legal matters.
Website: http://www.tncourts.gov/programs/self-help-center
Southeast Tennessee Legal Services About: Southeast Tennessee Legal Services’ website offers free forms and information for those who pursue legal actions without an attorney. The website offers forms and information on the following areas of law: property, estate planning, conservatorships, divorce, housing, consumer issues, General Sessions Courts, Juvenile Court, Circuit Court, Chancery Court, Orders of Protection, family, and more. The site also offers booklets on whether you should represent yourself, attorneys and limited representation, and judicial commitment.
Website: http://www.selegal.org/self-help.htm
Other Legal Resources Access to Justice Commission Attorney Training Videos 46 About: The Access to Justice Commission (ATJC) has compiled several informational videos to aid both attorneys and non-attorneys with legal issues that frequently arise in pro bono cases. Video topics for non-attorneys include information on foreclosure and on General Sessions cases. Video topics for attorneys include information on foreclosure, domestic violence, the Fair Debt Collection Practices Act, debt collection, and legal services for those with disabilities. The ATJC updates these videos.
Website: http://justiceforalltn.com/videos/
Interactive Tennessee Legal and Social Services Map About: The Access to Justice Commission provides a map to help people in need find local resources in their county on a map. Once the local county has been selected, a list of resources appears.
Website: http://justiceforalltn.com/resources-location/map-view
Pro Bono Clinic in a Box About: The Access to Justice Commission developed a Pro Bono Clinic in a Box to help attorneys start a pro bono clinic. This web page contains all the information and administrative forms an attorney will need to begin operating a local pro bono clinic.
Website: http://justiceforalltn.com/i-can-help/clinic-box2
Tennessee Bar Association About: The Tennessee Bar Association (“TBA”) is dedicated to enhancing fellowship among the state's legal community. The TBA offers members many programs and services designed to assist in professional development. In addition, the TBA endeavors to build a positive image for the profession in the community.
Services: The TBA offers access to many different divisions, branches, and leaders within the organization that may be of assistance to attorneys. The website also offers helpful information regarding pro bono work and even a link to the Access to Justice Commission (“ATJC”).
Website: http://www.tba.org/ (general website) http://www.tba.org/access-to-justice (link to ATJC) http://www.tba.org/divisions-sections-committees (link to TBA branches) Frequent Legal Topics and Potential Solutions BIRTH CERTIFICATES
47 Problem: Clients who do not have a copy of their birth certificate may encounter problems in the context of employment, public benefits, transportation, and more. Clients whose children’s birth certificates contain errors encounter additional problems in the context of education, travel, and medical care.
Solutions: While it is possible to fix an error or request a copy of a birth certificate administratively, it may be necessary to take additional steps including a Petition for a Change of Name. Clients may find the following resources helpful:
National Coalition for Homeless Veterans 333 1/2 Pennsylvania Avenue SE, Washington, DC 20003 1-800-VET-HELP (1-800-838-4357) http://nchv.org/index.php/ help/help/replacing_personal_records/. Tennessee Department of Health, Office of Vital Records 1st Floor, Central Services Building 421 Fifth Avenue, North, Nashville, TN 37243 (615) 741-1763 or 1-855-809-0072 http://health.state.tn.us/vr/. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
CHILD SUPPORT AND FAMILY ISSUES Problem: During divorce proceedings, a judge can order one party to pay child support to the other party and can approve of a parenting plan. Child support may be set up almost like a garnishment, in 48 that tax returns and income may be taken out for the child’s benefit before the paying party receives the funds.
Solutions: Clients who are seeking payment may find the following resources useful: If there have been 30 days of non-payment, clients may send a written request to the court that issued the Child Support Order so that the court may determine whether the paying party is in contempt of court. Access forms regarding child support that may be used in court at http://tncourts.gov/node/2083351. The Tennessee Department of Human Services manages Child Support Enforcement Offices across the state. Visit http://www.tn.gov/ humanserv/st_map_cs.html to find the nearest office by county. View monthly statements and processed payments online at https://apps.tn.gov/tcses/. For general information on child support, visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ website for informational brochures (remember that this Legal Aid Society does not serve east Tennessee) at http://www.las.org/booklets/ family_problems/child_support.
Clients who are paying may find the following resources useful: For information on how much a client owes, call the Child Support Services Office at 1-800-838-6911 (toll free) or the Court Clerk’s office where the Child Support Order was entered. If a client wants to set up online payments, he or she should visit https://tn.smartchildsupport.com. View monthly statements and processed payments online at https://apps.tn.gov/tcses/.
Clients who need information on parenting plans, mediation, child custody, and other family issues may find the following resources useful: For forms that a client can use in court without an attorney, visit http://www.selegal.org/Family%20Law.htm. For information on divorce, child custody, parenting plans, and more, visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ website for informational brochures only at http://www.las.org/booklets/family_problems/. “ Mediation Center” Section: many of the mediation centers 49 listed here also provide mediation services relating to divorce, parenting plans, access and visitation schedules, and more.
For all other information, see the “Legal Clinics in West Tennessee” Section. Many of these clinics give advice on family matters.
CONSERVATORSHIP AND POWER OF ATTORNEY Problem: Many low-income families encounter trouble when a member of their family becomes unable to take care of personal matters. Many times, this is due to age or disability. Before a person becomes unable to care for his or her personal matters, a Power of Attorney
50 for medical and for financial matters can convey the person’s rights to another person, and this Power of Attorney can become irrevocable during periods when the person is incapacitated. However, if there was no Power of Attorney in place, a conservatorship can prevent exploitation of the vulnerable people who cannot take care of their personal matters.
Requirements: A Power of Attorney is simply a document that a person uses to assign his or her rights to another person. The person signing away rights must be able to appreciate the gravity of that action during a lucid moment. A conservatorship proceeding is adversarial in nature because it strips rights away from one person who does not have the capacity to consent and vests those rights in another person. The conservator is appointed by the court if there is sufficient medical documentation for the court to determine that the conservatee is not able to take care of his or her matters including financial and medical matters. Potential conservators must disclose why they are best suited to be appointed conservator and must disclose additional facts such as criminal records.
Solutions: Clients might find the following resources useful: Find forms online that clients can use in court at http://www.selegal.org/conservatorships1.htm. For information on a Power of Attorney, visit http://www.laet.org/getattachment/7622f31b-d992-4f8c-9e7f- cbecc2e03845/What_Is_A_Power_Of_Attorney.aspx. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
CRIMINAL ISSUES AND EXPUNGEMENT Problem: Low-income clients often find that prior and current criminal issues present frequent barriers to other aspects of their daily lives such as employment and housing.
Requirements: To be eligible to submit a petition for expungement of some non- 51 violent crimes (committed between November 1, 1989 and the present), the client must have not been convicted of any other crimes; there must be 5 years between the completion of the sentence for the crime and expungement proceedings; all requirements imposed by the court must be completed; and there must be no previous expungements. For non-violent and non- sexual crimes committed before November 1, 1989, the client may be eligible to submit a petition for expungement if the client got a determinate or indeterminate sentence of 3 years or less; and if there are no previous expungements. The expungement may be granted if the client was exonerated by the governor, if charges were dismissed or dropped; if no true bill was entered by a jury; if was a verdict of not guilty; if there was an arrest without charges; if the client completed a pretrial diversion program; if sentences or bond requirements were completed or have expired; if the court entered a nolle prosequi; if the client successfully defended an Order of Protection; or if the person has only one charge before age 21. Sex crimes cannot be expunged.
Solutions: Clients may find the following resources useful: To access criminal records: o Contact the Criminal Court Clerk listed in a directory at http://www.tsc.state.tn.us/courts/circuit-criminal- chancery-courts/clerks. o Contact your local Appellate Court Clerk at http://www.tncourts.gov/courts/appellate-court-clerks- office/offices or if the case is pending, visit http://www.tncourts.gov/courts/supreme-court/public- case-history. To access expungement forms, visit: o The Papillon Foundation, which gives veterans and low-income people who have been incarcerated access to expungement forms and resources online at http://www.papillonfoundation.org/statespecificinfo/ tennessee.html. To get assistance with expungement or correcting records, contact the Shelby County Public Defender’s Office at (901) 222-2800. DOMESTIC AND DATING VIOLENCE Problem: Domestic violence impacts people across all cultures, religions, sexual orientations, genders, and relationships. Solutions such as “just leave” are not effective with clients who are domestic violence victims because of the cycle of domestic violence, financial dependence, presence of children, cultural expectations, religious reasons, shame, inaction or failure of law enforcement, 52 and many more factors.
Solutions: Clients who experience domestic violence may benefit from Orders of Protection, divorce, and social services resources that offer victim advocacy. Always counsel a client to keep himself or herself safe as well as any children involved. Although there are no complete solutions to domestic violence, clients may find the following resources useful: For basic information on domestic violence: o View the Access to Justice Commission’s video at http://justiceforalltn.com/videos/basics-domestic- violence. o View statistics on domestic violence and the Power Wheel of Domestic Violence online at http://www.ncadv.org/files/DomesticViolenceFactSheet %28National%29.pdf. For information regarding teen dating violence: o Visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ informational brochure at http://www.sitemason.com/files/ia95o4/Teen%20OP. pdf. For information to help your client stay safe: o Visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ informational brochure at http://www.sitemason.com/files/dvyw9O/WebStayingS afe1009.pdf. For information on Orders of Protection: o For a generic guide on Orders of Protection, including links to safety centers, information on child custody and child support, visit http://www.selegal.org/guide %20OOP.htm. o To prepare a client for an Order of Protection Hearing, visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ informational brochure at http://www.sitemason.com/files/grg2He/OPhearingEng. pdf.
o For information on getting an Order of Protection, visit http://www.knoxcounty.org/fourthcircuitcourt/domestic _violence.php. o For assistance in applying for an Order of Protection, contact the Knoxville Family Justice Center at (865) 215-6800, in person at 400 Harriet Tubman Street, Knoxville, TN 37915, or online at http://fjcknoxville.
53 com/. o For forms that a client can use in court, visit http://www.selegal.org/Protection%20Orders.htm or call (423) 756-0128. For information on divorce: o For forms that a client can use in court, visit http://www.selegal.org/divorce%20self-help.htm. o For information on divorce, visit the Legal Aid Society of Middle Tennessee and the Cumberlands’ informational brochure at http://www.las.org/booklets/ family_problems/divorce. For victim advocacy services and emergency shelters, please see the “Social Services Resource” section on domestic violence. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
DRIVER’S LICENSE ISSUES Problem: Clients who do not have a valid driver’s license may encounter problems in the context of employment, public benefits, transportation, and more.
Solutions: Clients may find the following resources helpful to obtain a new driver’s license; to reapply for reinstatement after cancellation,
54 revocation, or suspension; or request driver records. Clients should note that they may be required to bring in multiple forms of identification, money for fees, etc.
To obtain a new driver’s license or renew: o Apply online at https://www.tn.gov/safety/dlmain.shtml or at https://apps.tn.gov/tndlr/. o Apply in person at one of the local Department of Motor Vehicles Office listed by location on the following website: www.tn.gov/safety/driverlicense/ dllocationmain.shtml. To reapply for a driver’s license after satisfying outstanding requirements after cancellation, suspension, or revocation: o Apply for reinstatement online at www.tn.gov/safety/ FinancialResponsibility/frlocations.shtml#mail or at http://tn.gov/safety/FinancialResponsibility/frlocations. shtml. o Apply in person at your nearest office between 8:30 am and 5:00 pm CST: . Shelby County 6075 Winchester Road, Suite 502, Memphis, TN 38115 (901) 543-7920 . Obion County 1604B West Reelfoot Avenue, Union City, TN 38261 (731) 884-2133 o Check and pay outstanding requirements and fees at https://apps.tn.gov/tndlr/. o Call the Driver License Reinstatement Office or toll free at 1-866-903-7357 between 8:00 am and 4:30 pm CST. o Mail a letter (with name, license number, birth date, mailing address, and signature) to the Tennessee Department of Safety and Homeland Security, Financial Responsibility Division, P.O. BOX 945, Nashville, TN 37202. To request records of driving history, send name, birth date and license number to: o Request online for $7.00 at https://apps.tn.gov/pmvr/. o Request in person for $5.00 at your local office listed at www.tn.gov/safety/driverlicense/dllocationmain.shtml. o Request by mail for $5.00 at Tennessee Department of Safety, MVR Request, P.O. BOX 945, Nashville, TN 37202.
55 To rectify suspension of a driver’s license due to: o DUI or DWI charges, the client will need to comply with probation requirements and submit completion records. o Exceeding the maximum allowed points for moving violations, the client may be able to take a class to reduce the number of points. o Failure to appear in court or pay a ticket, the client’s bench warrant and/or contempt charge must be resolved before the suspension may be lifted. o Failure to pay child support, the client’s overdue support needs to be addressed by payment and/or agreement with the custodial parent. o Homeland security issues, the client can correct inconsistencies in name or Social Security number records to lift a simple records-related suspension. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
FOOD STAMPS Problem: Clients who have limited income may not be able to purchase sufficient food and beverages. Food stamps are available for those who qualify and may be used to offset the cost of food and to increase the purchasing power of low-income clients.
Eligibility: The Department of Human Services (“DHS”) uses a gross and net income test to determine if the client is eligible, and if so, how 56 much the benefit amount should be. DHS will consider your monthly income and expenses (including rent/mortgage, utilities, child support, medical, education, etc.) in making this decision.
Solutions: Clients should note that they must apply for food stamps. Clients who apply for food stamps in person should also know that they must bring (or submit within 10 days of application) Social Security numbers and proof of identity, citizenship, income, and expenses (rent/mortgage, utilities, child support, medical, education, etc.). Clients may find the following resources helpful: Apply online with the Department of Human Services (“DHS”) for food stamps or get screened for potential eligibility at http://tn.gov/humanserv/forms/FAApp.shtml. Apply in person at your local DHS Office. Search for the nearest office to you by county at http://tn.gov/humanserv /st_map.html. Call DHS toll free at 1-866-311-4287. Access information on eligibility, the application process, and appeals at http://tn.gov/humanserv/adfam/fs_1.html. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
HOMELESS VETERANS Problem: The National Coalition for Homeless Veterans reports that about 12% of the homeless adult population consists of veterans. There are several resources that focus on helping the veteran population transition to housing or find assistance to sustain housing.
Eligibility: Depending on the resource listed below, clients must be veterans and sometimes must also be homeless. Please also see the sections in Legal Service Organizations and Social Service Resources that pertain to veterans and/or housing and homelessness issues.
57 Solutions: Clients may find the following resources useful: Department of Veterans Affairs which can make referrals and provide information on veterans’ services at 1-800-827-1000. Access the Homeless Veteran resource directory at https://www.nrd.gov/ homeless_assistance/states_and_territories/tennessee. Homeownership for the Brave: a program offered through the Tennessee Housing and Urban Development Agency designed to give relief to veterans in the form of lower mortgage interest rates at http://www.thda.org/index.aspx?nid=479. U.S. Housing and Urban Development offers a variety of resources for those who are homeless or at risk to become homeless at http://portal.hud.gov/hudportal/HUD? src=/states/ tennessee/homeless/veterans. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
IMMIGRATION AND ASYLUM Problem: Immigration and asylum laws are very complicated and can carry serious consequences to clients who do not comply with statutes. There may be long wait times before decisions on visas, petitions, other applications are finalized or issued. Additionally, people called “notarios” who claim to help people “file papers” or “get status” often practice law without a license and charge hefty fees for services. Notarios often file documents for which the “client” may not be eligible, and frivolous filing in these cases can have penalties including sanctions, fraud charges, and bars to relief.
Information: This information was provided by Chay Sengkhounmany, an attorney with the Legal Aid Society of Middle Tennessee and the Cumberlands for Middle Tennessee. All cases involving immigration issues are complex, and 58 application for citizenship can be risky. Always consult with an immigration expert in these types of cases. People can become lawful permanent residents in many ways: through a relationship with a family member or spouse (“conditional residence”), employment, the “lottery” system, or another special program. Applying for lawful permanent residence through an employer is complicated; applying for status through the lottery is easy but most applicants don’t win. Getting status through a relative can be a very lengthy process, depending on which relative applies for the noncitizen. Noncitizens have these rights: to speak to an attorney before answering questions or signing documents; have a hearing with an Immigration Judge; have an attorney represent them at interviews and hearings; and request release from detention. If a client wishes to travel outside the U.S., counsel that client to speak with an immigration expert first because even lawful permanent residents and noncitizens may be barred from reentry or swiftly removed due to travel outside the U.S. Lawful permanent residents (those who hold “green cards” and are authorized to work) may file petitions for lawful permanent residence for themselves, spouses, and unmarried children. Applicants under the Violence Against Women Act (victims of abuse or extreme cruelty by a U.S. citizen, lawful permanent resident spouse or parent), T visa applicants (victims or sex or labor trafficking), or U visa applicants (crime victims) can get permission to work, can receive certain federal public benefits that many noncitizens do not get, and eventually may become lawful permanent residents.
Applicants who are asylees (those whose petition is based on a “well founded fear” of persecution in their homelands based on race, religion, nationality, political opinion or membership in a social group) or refugees may apply for lawful permanent residence after one year, but there is an annual limit to how many asylees and refugees receive lawful permanent residence. The laws involving people from Cuban, Haiti, Guatemala, Nicaragua, El Salvador, Soviet Republic, and other Eastern European Countries are even more complicated and involve additional options for those immigrants.
Solutions: Clients may find the following resources useful: For advocacy services and assistance with immigration proceedings: o Catholic Charities of West Tennessee: (901) 722-4700. Their address is 1325 Jefferson Avenue, Memphis, 59 Tennessee 38104. o Clinics: See “Legal Clinics in West Tennessee” o Justice for Our Neighbors: offers legal services and guidance on immigration matters. They may be reached at (615) 823-1945 or http://tnjfon.org/. An appointment is required to meet with an attorney. o Young Women’s Christian Association: offers a Victim Advocacy Program and immigrant women’s services. Call (901) 323-2211 for the Memphis office. Go online at http://www.memphisywca.org/. For victims of “notarios,” identity theft, and similar issues: Contact the Attorney General’s Office at (615) 741-3491. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
LANDLORD AND TENANT ISSUES Problem: Many low-income Tennesseans face landlord-tenant issues due to tensions between both parties’ struggle to meet financial obligations and keep up with demanding responsibilities.
Requirements: If the county has 68,000 or more people, then URLTA applies (Tenn. Code Ann. §§ 66-28-101 et seq.); if the county has less than 68,000 people, URLTA does not apply. In the context of public housing, Tenn. Code Ann. §§ 13-20-101 applies.
A landlord may evict a tenant for non-payment of rent, abnormal damage to the property, or commission of dangerous acts on the property. In this case, the landlord must give 14 days’ notice. A landlord could also evict a tenant for failure to surrender the premises after the lease terminates, or breach under the lease which
60 triggers the landlord’s right to evict. In these cases, 30 days’ notice is required. Landlords cannot shut off utilities, lock out tenants, etc. even if the lease says so. To evict, a landlord must go to General Sessions and get a Detainer Warrant.
Solutions: Clients may find the following resources useful: To file a complaint against a landlord in a county of 68,000 people or more, visit the state Department of Commerce and Insurance at http://tn.gov/consumer/. To file a complaint when the property is a member of the Better Business Bureau, visit http://knoxville.bbb.org/. Call the Tennessee Division of Consumer Affairs Consumer Hotline for concerns at (615) 741-4737. For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
MENTAL ILLNESS AND ADDICTION Problem: Many low-income families and individuals do not have insurance or do not otherwise have access to mental healthcare or addiction services.
Services: Clients may find the following resources useful in obtaining access to mental health or addiction services: AGAPE Link: a directory of mental health and addiction recovery services in Tennessee. Visit http://www.theagapecenter.com/Treatment-Centers/Tennessee. htm. AGAPE Child and Family: (901) 323-3600 Alcoholics Anonymous of West Tennessee: offers meetings and support services to those struggling with alcohol dependence. Visit http://www.memphis-aa.org/ for the
61 Memphis Office or http://www.aawesttn.org/ for the Jackson Office. Case Management, Inc.: offers comprehensive mental health, case management, and referral services. Call (901) 821-5600. Memphis Health Center, Inc.: offers mental and behavioral health services along with many other specialty services. Call (901) 261-2011. Tennessee Department of Mental Health: offers services and referrals for those with mental illnesses or with substance abuse issues. Call (615) 741-3111, (615) 532-6500, or email at [email protected]. City of Memphis Social Service Directory: http://www.memphis.com/government/business-directory/ social-services. National Directory of Resources for the Needy: National Directory of Resources for the Needy: www.HomelessShelterDirectory.org.
MORTGAGE FRAUD AND PREDATORY LENDING Problem: Especially after the recent housing crash, legal issues involving foreclosures, predatory lending, and mortgage scams have become more prominent.
Solutions: Clients may find the following resources useful: The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
If you need to file a complaint against a mortgage lender, mortgage broker, or home improvement contractor who has engaged in
62 fraudulent or illegal activity with respect to their services, contact: Tennessee Department of Financial Institutions (which has the legal responsibility for ensuring that Tennessee financial institutions remain fiscally strong and comply with governing authority). Call (615) 741-2236. Tennessee Department of Commerce and Insurance at http://tn.gov/consumer/ or (615) 741-4737. Federal Trade Commission (which also accepts complaints regarding identity theft) at https://www.ftccomplaintassistant. gov/#&panel1-1 or call 1-877-382-4357. If the wrongdoer is a member of the Better Business Bureau, visit http://knoxville.bbb.org/. For more questions or assistance, contact: o The Legal Aid Society; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
SOCIAL SECURITY DISABILITY BENEFITS Problem: Clients who have disabilities are often unable to work and earn an income. By applying for Social Security disability, eligible clients with disabilities can receive financial assistance to offset their inability to work and earn an income.
Eligibility: Clients must meet certain criteria in order to qualify as disabled (the client must be unable to engage in any substantial gainful employment, and the medical condition must either be expected to last a year or end in death). Clients must submit medical information, proof of identification and citizenship, employment information (if any), workers compensation information, Social Security number, and resource information (i.e. savings accounts). Depending on certain factors such as work history, the client may be required to fill out multiple forms or applications.
Solutions: Clients who have a disability must apply for benefits. Clients may 63 find the following resources useful: Apply for Social Security disability benefits online at http://www.socialsecurity.gov/applyfordisability/. Apply for benefits over the phone by calling 1-800-772-1213 between 7:00 am and 7:00 pm. Apply for benefits by calling to make an appointment at your local office (find your local office at https://secure.ssa.gov/ICON/main.jsp). Frequently asked questions and “starter kit” to help applicants http://www.ssa.gov/disability/disability_starter_kits_adult_eng. htm. For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
SUBSIDIZED HOUSING AND HOME OWNERSHIP Problem: Many who fall on hard times encounter difficulties in keeping their housing. By turning to subsidized housing or to financial assistance programs for homeowners, clients can avoid losing their homes or suffering without utilities or food.
Eligibility: Eligibility depends on the program selected. For Public Housing or for Housing Choice Vouchers (Section 8), clients must be employed for a full year and make at least $14,500, have no debt to a housing agency, and must not have defaulted on a mortgage. There are some exceptions for the elderly or disabled. For Public Housing or for Housing Choice Vouchers (Section 8), clients will need to know basic information about their tenants, rental history, income estimates, and contact information to verify income. There are often waiting lists, and once housing becomes available, the client must pay the greater of 30% of net income or $50 per month.
Solutions: Clients may find the following resources useful: 64 To apply for Public Housing or for Housing Choice Vouchers (Section 8), contact your local Public Housing Agency at http://www.hud.gov/offices/pih/pha/contacts/states/tn.cfm. NeedHelpPayingBills.com: provides clients with assistance for payment, settlement, or elimination of bills including medical, housing, energy, and prescription drug bills. The website also provides links to charitable organizations and benefit programs that may help pay for these bills or reduce the burden. Visit http://www.needhelppayingbills.com/html/tennessee_assistanc e _programs.html for more information. Tennessee Housing Development Agency’s Low-Income Home Energy Assistance Program: one-time financial assistance for those who have immediate heating and cooling needs. Visit http://thda.org/index.aspx?NID=591 for more information. Generally, clients must meet or be below 150% of the Poverty Guidelines. For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
SUICIDE PREVENTION Problem: If a client threatens or contemplates suicide, the client needs access to professional counseling or medical services.
Solutions: Clients who are contemplating suicide should call a crisis hotline: Mobile Crisis Lines by county: o Benton, Carroll, Gibson, and Henry Counties: (800) 353-9918 (Carey Counseling Center) o Crockett, Dyer, Haywood, Henderson, Lake, Madison, Obion, and Weakley Counties: (800) 372-0693 (Pathways of Tennessee) o Fayette, Lauderdale, and Tipton Counties: (800) 353- 9918 (Professional Care Services) o Chester, Decatur, Hardin, Hardeman, and McNairy Counties: 800-467-2515 (Quinco Community Mental Health Center) o Shelby County: (901) 577-9400 (Southeast Mental Health Center) National Suicide Hotline at (800) 784-2433, (800) 273-8255, or for the hearing impaired at (800) 799-4889. 65 Tennessee Crisis Line (state Department of Mental Health) at (800) 809-9957 or (855) 274-7471.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES OR “FAMILIES FIRST” Problem: Temporary Assistance for Needy Families (TANF) is also called Families First. This state program provides monthly financial assistance to low-income families for a maximum of 5 years (with some exceptions to time counted against the 5 year maximum).
Eligibility: To be eligible, generally clients must complete a Personal Responsibility Plan (“PRP”) which details that the client will keep children in school, keep their healthcare up to date, cooperate with child support requirements, and participate in work training. The client’s child usually must either be less than 18 (or 19 if still in school), a U.S. citizen and Tennessee resident, and the family must meet an income test. Legal guardians or relatives (such as a grandparent, aunt/uncle, sister/brother, or cousin) could also get Families First if the child meets the other usual conditions and the parent is absent, dead, incapacitated, unemployed, or underemployed. Additionally, women who are at least 6 months pregnant may be eligible for TANF/Families First. There also may be a work requirement of 30 hours per week for adult recipients.
Solutions: Clients may find the following resources useful: 66 To apply in person, find your local DHS Office at http://www.tennessee.gov/humanserv/st_map.html. Call your local DHS Office at 1-866-311-4287 For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
UNEMPLOYMENT BENEFITS Problem: Clients who have suffered a reduction of hours at work or who have lost their jobs through no fault of their own often struggle to meet their financial obligations. Unemployment benefits can provide clients with financial support while they actively look for new employment.
Eligibility: If the client did not voluntarily quit and was not fired for good cause, it is possible that the client qualifies for unemployment benefits. The client must be available to work (the client is physically able to work, has a way to get to work, and is ready to accept a job) and must be actively seeking employment. Clients will need to have information regarding their last employer, information on the circumstances of the termination of employment, work history details, and a Social Security number.
Solutions: Clients may find the following resources useful: Apply for unemployment benefits by phone at 1 (877) 813- 0950. Apply for unemployment benefits online at https://ui.tn.gov/. If a person is fired because of race, age, sex, handicap, or for
67 participating in protected activity such as filing a grievance or participating in a workplace investigation, that person should contact the Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000. For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
WAGE GARNISHMENT Problem: Low-income clients often face a garnishment or levy when they are behind on their financial obligations. A garnishment or levy might be placed on income, property, legal judgments, bank accounts, tax refunds, and more. However, a garnishment or levy might also mean inability to pay for essentials such as food or housing.
Requirements: There are limits to the amount that can be garnished, and there are several steps a client can take to lessen the impact of a garnishment. For debts that are not related to taxes, bankruptcy, or support of another person, the maximum is the lesser of 25% of disposable wages, or the amount by which weekly wages are over 30 times the federal minimum wage. The garnishment may not be made on public benefits such as disability benefits or Families First.
Solutions: Clients may find the following resources useful: To make a Motion to Pay by Installment (sometimes called a “slow pay”), visit the Court Clerk where the client was sued over the debt. The clerk will need information from the client including the debt amount, how much has already been paid, the case number, and contact information for the person who sued over the debt. The case will usually be brought back to court. See the Legal Aid Society of East Tennessee’s self-help brochure
68 for information on garnishment issues at http://www.laet.org/getattachment/6aeb7f64- 1aa1-4596-b316-01081cf58ea9/Stopping_A_Garnishment.aspx. To protect up to $10,000 of property and up to $217.50 per week of wages, file a Personal Property Exemption form with the Court Clerk. The clerk should have these forms at the courthouse. See the Legal Aid Society of East Tennessee brochure above. For more questions or assistance, contact: o The Legal Aid Society may take the case; go online to find the nearest office to you at http://www.malsi.org/index.php (counties of Fayette, Lauderdale, Shelby, and Tipton) or http://www.wtls.org/ (all other western counties). o Local Legal Aid Society Clinics (See Legal Clinics in West Tennessee).
69 CURRENT LEGAL CLINICS OFFERED IN WEST TENNESSEE Contact the Pro Bono Coordinator at [email protected] if you know of a clinic that is not included in this list or if you have updated information for the list. Thank you for your help. WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS TIME Advance Shelby, Clinic locations, Estate planning matters such as Legal Aid 1. Call Memphis Bar Contact the Legal Directives Fayette, times and days for advance directives, wills, etc. Society and Association at (901) 527-3573 or Aid Society Office Initiative Tipton, & 2014 are TBA. Memphis Bar sign up at https://m.360. nearest to you: Lauderdale Generally held in Association memphisbar.org/admin/ hospitals and nursing forms/viewform.aspx?id=3988 1. Memphis Office: homes (901) 523-8822 2. Contact Linda Warren Seely, Attorney at (901) 523-8822 or e- 2. Covington mail her at [email protected] Office: (901) 476- 1808 Attorney of Shelby Held each Thursday Volunteer attorneys meet with Memphis Area Contact Linda Warren Seely, Contact the Legal the Day from 1:30 pm to 4:00 walk-in clients and provide Legal Services Attorney at [email protected] or Aid Office nearest Program pm at the Shelby advice, counsel, referrals and (901) 523-8822 to you: 1. Memphis Office: County Courthouse sometimes extended services (901) 523-8822 (140 Adams Ave., Memphis, TN) 2. Covington Office: (901) 476- 1808
Bankruptcy Shelby, By appointment only; Community education Memphis Area Contact Linda Warren Seely, Contact the Office Alternative Fayette, call (901) 523-8822 programs; time at each program Legal Services Attorney at [email protected] or nearest to you: Clinic Tipton, & for clients to talk about their (901) 523-8822 Lauderdale individual problems; and for 1. Memphis Office: (901) 523-8822 those in need of additional assistance, to provide an 2. Covington appropriate referral to either a Office: (901) 476- pro bono consumer or 1808 bankruptcy attorney
WEST TENNESSEE LEGAL CLINICS This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help.
CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS TIME Child and Shelby Cases are accepted Child abuse and neglect, foster University of Call (901) 678-2421 or email Call (901) 678- Family through the University’s care, delinquency, child Memphis Cecil Prof. Christina Zawisza at 2421 Litigation Clinic clinic program custody, paternity, adoption, C. Humphreys [email protected] education, mental health, School of Law (1 N. Front St., public benefits, etc. Memphis, TN 38103)
Civil Clinic Shelby Call (901) 543-3395 for General civil matters Community Contact Meg Jones, Executive Call CLC at (901) an appointment at CLC Legal Center Director at (901) 543-3395 or 543-3395 (910 Vance Ave., email at [email protected] Memphis, TN 38126) Volunteer online at http://www.clcmemphis.com/ volunteerapp.html Civil Litigation Shelby Cases pending before Landlord/tenant, consumer University of Call (901) 678-2421 or email Call (901) 678- Clinic General Sessions, protection, and debtor/creditor Memphis Cecil Prof. Daniel Schaffzin at 2421 Circuit or Chancery disputes C. Humphreys [email protected] Courts of Shelby School of Law County; cases are (1 N. Front St., accepted through the Memphis, TN University’s clinic 38103) program
WEST TENNESSEE LEGAL CLINICS
This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS TIME Community Shelby Call (901) 543-3395 for Landlord/tenant, guardianship Community Contact Meg Jones at (901) Call CLC at (901) Legal Center an appointment at CLC and conservatorships, Legal Center 543-3395 543-3395 Clinics (910 Vance Ave., garnishments, commercial Memphis, TN 38126) contracts, probate, non- Volunteer online at contested divorces, adoptions, http://www.clcmemphis.com/ asylum, U visas, T visas, volunteerapp.html change of status, and voluntary departure
Consumer Shelby, Clinic locations, times Assistance for those with Memphis Area Contact Linda Warren Seely at Contact the Legal Clinic Fayette, and days for 2014 are consumer issues Legal Services (901) 523-8822 or e-mail at Aid Society Office Tipton, & TBA. [email protected] nearest to you: Lauderdale 1. Memphis Office: (901) 523-8822
2. Covington Office: (901) 476- 1808 Divorce Shelby Call for an appointment Assistance to those who face Community Contact Meg Jones at (901) Call (901) 543- Clinic and to get location divorce proceedings without Legal Center 543-3395 or email at 3395 or (901) 545- (either at Shelby County an attorney (CLC) [email protected] 3331 Courthouse, 140 Adams Ave., Memphis or at CLC 910 Vance Dr., Memphis TN)
WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS
This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. TIME Divorce Shelby, Monthly at the Shelby Get forms needed to file and Memphis Area Contact Linda Warren Seely at Contact the Legal Workshop Fayette, County Courthouse, complete an uncontested no– Legal Services (901) 523-8822 or e-mail at Aid Society Office Tipton, & Room 134 (140 Adams asset divorce, help in and Divorce [email protected] nearest to you: Lauderdale Ave., Memphis TN). Incorporated completing the forms, answers You must call to be 1. Memphis Office: screened and for an on questions and information (901) 523-8822 appointment (see below) about the legal issues and procedures involved in 2. Covington For Memphis office, call divorces Office: (901) 476- (901) 523-8822 1808 For Fayette or Lauderdale County, call (901) 476-1808 or (888) 207-6386 Earn Benefits Shelby, Call-in service can be A call-in screening program Memphis Area Contact Linda Warren Seely at Call (901) 523- Program Fayette, reached at (901) 523- for benefits programs Legal Services (901) 523-8822 or e-mail at 8822, ext. 442 Tipton, & 8822, ext. 442 including Health and [email protected] Lauderdale Nutrition, Housing and Utilities, Families and Children, and Education and Income Elder Law Shelby Cases are accepted Consumer protection, financial University of Call (901) 678-2421 or email Call (901) 678- Clinic through the University’s exploitation, conservatorship, Memphis Cecil Prof. Donna Harkness at 2421 clinic program real property, grandparent C. Humphreys [email protected] School of Law adoption, health care, Social (1 N. Front St., Security, wills, and advance Memphis, TN directives 38103)
WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS TIME This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. Family Law Tipton Third Thursday of each Legal advice on family issues Memphis Area Contact Linda Warren Seely at Contact the Legal Advice month from 3:00 pm to Legal Services (901) 523-8822 or e-mail at Aid Society Office Group Clinic 5:00 pm at Memphis [email protected] nearest to you: (FLAG) Area Legal Services Covington Office (899- 1. Memphis Office: A Hwy. 51 South, (901) 523-8822 Covington, TN) 2. Covington Office: (901) 476- 1808
Family Law Shelby Contact Thomas Coupe’ Assistance with case review, Office of the Contact Thomas Coupe’ at Contact Thomas Clinic at (901) 405-8581 or child support questions, and Advocate for (901) 405-8581 or Sherry Coupe’ at (901) Sherry Schedler at (901) information on other family Non-Custodial Schedler at (901) 405-8526 405-8581 or Sherry 405-8526 law matters Parents, and Schedler at (901) University of 405-8526 Memphis Cecil C. Humphreys School of Law Homeless Shelby Second Tuesday of each Legal services to those who Baker- Contact Joan Coston- Contact Joan Experience month from 1:00 pm to are homeless (employment, Donelson Holloway at (901) 577-8223or Coston-Holloway Legal 3:00 pm at Hospitality estate, tax, some criminal, etc.) jholloway@baker at (901) 577-8223or Protection Hub, 146 Jefferson Ave, jholloway@baker (HELP) Memphis, TN) Clinic Home Shelby, Call for a consultation at Help for those in Shelby, Memphis Area Contact Linda Warren Seely at Call for a Preservation Fayette, (901) 255-3444 Tipton, Lauderdale and Legal Services (901) 523-8822 or e-mail at consultation at Project Tipton, & Fayette counties who may lose [email protected] (901) 255-3444 Lauderdale their homes to foreclosure, largely as a result of irresponsible lending practices
WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS AND TIME Housing Shelby Cases are accepted Housing matters University of Call (901) 678-2421 or email Call (901) 678- Adjudication through the Memphis Cecil C. Prof. Daniel M. Schaffzin at 2421 Clinic University’s clinic Humphreys School [email protected] This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. program of Law (1 N. Front St., Memphis, TN 38103)
Mediation Shelby Cases are accepted Mediation University of Call (901) 678-2421 to speak Call (901) 678- Clinic through the Memphis Cecil C. with Prof. Stephen Shields 2421 University’s clinic Humphreys School program of Law (1 N. Front St., Memphis, TN 38103)
Mediator of Shelby Shelby County Mediation services Memphis Bar Contact Linda Warren Seely at Contact the Legal the Day Clinic Courthouse (140 Association (901) 523-8822 or e-mail at Aid Society Office Adams Ave., [email protected] nearest to you: Memphis TN) in Judge Deborah 1. Memphis Office: Henderson’s (901) 523-8822 courtroom every Wednesday, all day 2. Covington Office: (901) 476- 1808 Memphis Fair Shelby, To apply for Help to victims of fair housing Memphis Area Contact Linda Warren Seely at To apply for Housing Fayette, assistance, call discrimination, predatory Legal Services (901) 523-8822 or e-mail at assistance, call Project Tipton, & (901) 432-4663. lending, landlord-tenant issues, [email protected] (901) 432-4663. Lauderdale foreclosure, or mortgage default
WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS TIME
This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. Opportunity Shelby, To apply for assistance, Case-management, Memphis Area Contact Linda Warren To apply for assistance, call Plus Project Fayette, call (901) 523-8890 or referrals, counseling, Legal Services Seely at (901) 523-8822 or (901) 523-8890 or (901) 523- Tipton, & (901) 523-8822 ext. 190 and financial e-mail at [email protected] 8822 ext. 190 Lauderdale assistance for domestic violence victims
Project Shelby Times, days, and Homeless can get Community Contact Josh Spickler at Contact Josh Spickler at Homeless locations for 2014 are legal advice on civil Alliance for the [email protected] [email protected] Connect TBA. and criminal matters Homeless and to help transition out Cecil C. Humphreys of homelessness School of Law
Pro Se Family Madison Tuesdays, Thursdays, Child access and Madison Contact Bart Swift, Court Contact Bart Swift, Court Law and Fridays in Madison visitation issues in County Clerk or Jody Harper (Pro Clerk or Jody Harper (Pro Se Mediation County Juvenile Court Madison County Juvenile Court Se Specialist) at (731) Specialist) at (731) 423-6148 (110 Irby Street, Juvenile Court for 423-6148 Jackson, TN). This service is only available pro se litigants who to those without an have already filed attorney and who have documents already filed documents with the Court.
WEST TENNESSEE LEGAL CLINICS
CLINIC COUNTY LOCATION, DAY, AND TIME AREAS OF HELP SPONSOR ATTORNEY EVENT QUESTIONS NAME INVOLVEMENT Pro Se Fayette Call for an appointment at General advice on Law Office of Leslie Call Leslie Miller at Call for an appointment
This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. General and (901) 466-7766. Usually from civil matters Miller, General (901) 466-7766 or at (901) 466-7766 for Clinics Hardeman 1:00 pm to 4:00 pm at (housing, benefits, Sessions, and Mike French at (901) Leslie Miller or (901) 466- Criminal Justice Centers in taxes, estate, family, Juvenile Courts of 466-5205 5205 for Mike French Fayette County (705 Justice property, Fayette and Center Dr., Somerville, TN) or Hardeman Counties Hardeman County (505 S. landlord/tenant, Main St., Bolivar, TN), and contract, etc.) days vary. Pro Se Tipton Held every other month at 1st General advice on Tipton County Bar Contact Amber Shaw Contact Amber Shaw at Clinics Presbyterian Church (403 S. civil matters Association at (901) 476-7100 (901) 476-7100 Main St., (housing, benefits, Covington, TN 38019) taxes, estate, family, property, landlord/tenant, contract, etc.)
Rural Fayette Thursdays from 9:00 am to General advice on Memphis Area Contact Linda Warren Call (901) 476-1808 Outreach 3:00 pm at Fayette Co. civil matters Legal Services Seely at (901) 523- Clinic Commission on Aging (housing, benefits, 8822 or e-mail at (198 Kay Dr., taxes, estate, family, [email protected] Somerville, TN). Calling for appointments is encouraged at property, (901) 476-1808. landlord/tenant, contract, etc.)
Saturday Shelby Second Saturday of each General advice on Memphis Area Contact Linda Warren Contact the Legal Aid Legal Clinic month from 10:00 am to 12:00 civil matters Legal Services and Seely at (901) 523- Society Office nearest to pm at the Ben Hooks Library (housing, benefits, the Memphis Bar 8822 or e-mail at you: (3030 Poplar Ave., Memphis Association taxes, estate, family, [email protected] TN) 1. Memphis Office: (901) property, 523-8822 landlord/tenant, contract, etc.) 2. Covington Office: (901) 476-1808 WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND TIME AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS St. Jude Shelby Clinic locations, times and Memphis Area Contact Linda Warren Contact the Legal Aid Society Conservatorship days for 2014 are TBA. Legal Services Seely at (901) 523-8822 or Office nearest to you: Program e-mail at [email protected] 1. Memphis Office: (901) 523- This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. 8822
2. Covington Office: (901) 476-1808
Veterans Free Shelby Held at the VA Offices Areas of law Memphis Bar Contact Linda Warren Contact the Legal Aid Office Legal Clinic (1407 Union Ave. in impacting veterans Association Seely at (901) 523-8822 or nearest to you: Memphis) on the fourth and Memphis e-mail at [email protected] 1. Memphis Office: (901) 523- Tuesday of each month. 8822 Area Legal Services 2. Covington Office: (901) 476-1808
Volunteer Income Various 1. Cecil C. Humphreys Get assistance Cecil C. 1. Contact Prof. William Contact Prof. William Kratzke Taxpayer School of Law: Clinic filing income tax Humphreys Kratzke at at Assistance times and days for 2014 returns School of Law [email protected] [email protected] or Project are TBA. or (901) 678-3221 (901) 678-3221
2. IRS VITA: find a location and time online at 2. Visit the IRS website http://irs.treasury.gov/free for a time and location taxprep/ near you at http://irs.treasury.gov/ freetaxprep/
WEST TENNESSEE LEGAL CLINICS
CLINIC NAME COUNTY LOCATION, DAY, AND TIME AREAS OF HELP SPONSOR ATTORNEY INVOLVEMENT EVENT QUESTIONS Wills for Heroes Shelby 1. Jackson: Feb. 22, 2014 First responders in Tennessee Bar 1. Jackson Clinic: Brittani 1. Jackson Clinic: Brittani and all day at Jackson Chamber Tennessee can get Assn., Young Kendrick, (731) 668-5995, Kendrick, (731) 668-5995, Madison of Commerce (197 wills, powers of Lawyers [email protected] [email protected] Auditorium St.) attorney and other Division 2. Memphis Clinic: Joan 2. Memphis: Call for more similar documents 2. Memphis Clinic: Joan Coston-Holloway, (901) 577- details Coston-Holloway, (901) 8223, 577-8223, jholloway@baker [email protected] This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help. donelson.com m
WLOK Radio Shelby Mondays from 6:00 pm to General advice on WLOK and Contact Buck Lewis at (901) Go to http://www.wlok.com/ Legal Call-In 7:00 pm. Call in at (901) civil matters Memphis Area 577-2256 or or call (901) 527-9565 (front Show 888-6805 (housing, benefits, Legal Services [email protected] desk) taxes, estate, or Linda Warren Seely at (901) 523-8822 or e-mail at family, property, [email protected] landlord/tenant, contract, etc.)
This document was updated August 2014. This list is subject to change and is not exclusive. These clinics are not guaranteed to have the resources at all times to help.