DVAP - Client Stories

Elderly Client's Credit Restored

Elderly woman’s property cleared of faulty liens and her credit restored to allow her to access financing for medical expenses. When an elderly client, 71, applied for a reverse mortgage to help pay her $600 monthly medication expenses, the title company told her that there were two unsatisfied liens with a major bank, one on her homestead property and another on property that she and her ex-husband had sold in 1997. The first lien involved a 1988 loan, with a principal of $134,000 and an execution of lien renewal in 1991, which was not recorded until 1999 after both she and her husband had filed for bankruptcy. The second lien was an abstract of judgment of $12,000 entered on February 22, 1999, against her ex-spouse only. DVAP found a volunteer attorney to represent the client. The attorney, through a clear title action, obtained a release of the first lien on her property from the bank. In a negotiated settlement, the client was found not to be responsible for the second lien since it was her ex-husband’s debt. The release of both liens enabled the client to clear her credit and apply for the reverse mortgage. What had once been a hopeless situation for the client had now become, according to her, “the life line of hope for the desperate and hopeless time in my life. God’s blessing be on all of you (DVAP) who are kind enough to help the hopeless.”

Grandmother gains legal custody of children in her care

Grandmother on fixed income assisted in gaining custody of grandchildren and obtaining child support for their care. A client came to the DVAP clinic to obtain custody of her two grandchildren, for whom she was caring. She is retired and lives solely off her monthly Social Security income. DVAP’s volunteer attorney established paternity, obtained custody of the grandchildren for her, and obtained child support from the parents. With legal custody and child support, the client was in a much better position to raise her grandchildren securely and successfully. The client has informed DVAP staff members, “I am very grateful and thankful for the representation I received. Thank you again and I sincerely apologize for the lapse of time in contributing this small donation.”

DVAP Volunteer Assists Client in DTPA Case

Successful pursuit and collection for client in a “used car” Deceptive Trade Practices Act (DTPA) case. A client bought a vehicle from a used car dealer after being assured that a mechanic on staff had inspected the vehicle and that the engine was in good condition. He used his entire savings of $1,800 for the down payment. The seller assured him that it would be able to transport him to and from work. Only three weeks after he obtained the automobile, the engine threw a rod while the client was traveling to work. The seller agreed to replace the engine, and took possession of the vehicle; however, the seller failed, after repeated requests by the client, to do anything, other than retain all of the client’s money. In the meantime, the client lost his job because of his inability to get to work on time. Volunteer attorneys filed a DTPA claim on his behalf, based upon the seller’s promises that the vehicle was in good condition and that it would repair the vehicle. The case came to trial and the judge in the case awarded the client a total amount of $4,860.04, representing the money paid for the vehicle, lost wages after his job termination, and mental anguish.

Volunteer Attorney Takes Family Law Case to Trial

Client obtains custody and child support for unrelated child who is the half-sister to client’s biological child. Client has a biological child from a relationship with adverse party father who is a foreign national. He abandons client and their child and shows no interest in their child. Several years later, the adverse party impregnates a teenager who is unable to care for the baby. The biological mother and the adverse party give the baby to client who agrees to raise the child as her own since the child is a half-sister to her biological child. The adverse party father had not sought physical possession of the child until client pursued him for child support for their child and custody of his other biological child. The adverse party father hired an attorney and hotly contested litigation ensued. Adverse party rarely exercised visitation with his biological child---perhaps his motivation in opposing client was to avoid paying child support. Two social studies were conducted but the dispute continued until the case was tried. In this contested custody case, the motion to modify was filed in 1998 by a LANWT staff attorney and a succession of staff attorneys continued case representation until the DVAP mentor attorney and a DVAP volunteer attorney took up the case. Working together, both DVAP attorneys brought this prolonged litigation to a successful conclusion after a trial of 1½ days. The judge awarded the client custody of the child, current child support and retroactive child support. The client was delighted with the outcome: legal custody of her beloved “daughter”, current child support of $300 per month from adverse party father plus $20,100.00 in arrears and $157 per month current child support from biological mother, plus $10,519.00 in arrears.

Disabled Client Obtains Divorce and QDRO

Disabled client obtains divorce with custody and support and property division including a Qualified Domestic Relations Order (QDRO). Deaf client (the wife) on social security disability seeks assistance at a DVAP neighborhood clinic with a divorce that, at first blush, appears to be uncontested except for property issues. A DVAP volunteer attorney agrees to undertake representation despite the added complexity of having to line up volunteer sign language interpreters for communicating with both his client and her adverse party spouse who is also deaf. Despite marriage counseling and occasional bouts of agreeableness, the philandering and emotionally unstable adverse party hires an attorney and contests custody, child support, and property division. The volunteer attorney represents his deaf client through highly contested litigation--- temporary orders, depositions, discovery, mediation, motions to compel and sanction, contempt motions, and finally, prove-up. Thanks to the volunteer attorney, the client obtains custody, child support, a fair and equitable property division and a QDRO for her portion of adverse party’s pension plan. As a result, client is empowered to properly provide and care for her minor children and she will have funds to assist her in her retirement years.