![Civil Law
Matters
Civil Law matters include:
Divorce
Child Support orders
ChildVisitation order
Defamation - (including libel [written word] and slander [spoken
word]) – making disparaging remarks about another
Breach of contract (Failure to follow a written agreement)
Wrongful death (Negligence resulting in injury or death)
Property damage
Foreclosure
Eviction
Bankruptcy](https://image.slidesharecdn.com/week10-200521132629/85/SWK-597-Week-10-civil-lawsuits-and-other-matters-4-320.jpg)
SWK 597 Week 10. civil lawsuits and other matters
- 1. Civil lawsuits & other matters
- 2. Objectives for thisWeek What are civil law matters? Evictions Legal Aid ofTexas Foreclosures Bankruptcy Family matters Child Support See attached memo: Legal complaints and lawsuits against Social Workers
- 3. Civil Law Matters Non-criminal court actions are considered civil. Anyone can sue anyone in civil court over any thing. It is for the court to determine whether such a suit is legitimate or frivolous (meaning worthy of review by a court under the law). To win, the plaintiff (suer) must establish the respondent’s (suee’s) liability according to the "preponderance of evidence“ (majority of the evidence) and respondents are not entitled to the same legal protections as those accused in the criminal system Penalties in civil court are mostly monetary in nature (e.g. payment of a fine, repayment of a debt, etc.)They may also result in court order making one party to perform an action (e.g., landlord allow tenant to stay, parents to come up with a visitation schedule, etc.) Penalties in civil cases do not result in incarceration (unless the person is found guilty of contempt of court and order to be held until the produce a document or act in a way ordered by the court)
- 4. Civil Law Matters Civil Law matters include: Divorce Child Support orders ChildVisitation order Defamation - (including libel [written word] and slander [spoken word]) – making disparaging remarks about another Breach of contract (Failure to follow a written agreement) Wrongful death (Negligence resulting in injury or death) Property damage Foreclosure Eviction Bankruptcy
- 5. Evictions in Texas An eviction is a lawsuit filed by a landlord to remove persons and their belongings from the landlord's property. a.k.a. "forcible entry and detainer" or "forcible detainer" suits The number 1 reason for an eviction is non-payment of rent followed by breaking the letter of the lease contract in some other form like staying past its expiration date As long as a landlord is not discriminating in violation of the Fair Housing laws, or retaliating in violation of theTexas Property Code, a landlord can refuse to renew a lease for any reason
- 6. Evictions in Texas Step by Step Step #1> Notice. The law requires the landlord to begin the eviction process by notifying the tenant he/she needs to vacate the property The notice must be in writing or the court will not allow the landlord to file the eviction Step #2> Filing with the court If a tenant refuses to move, the landlord must file an eviction case with the J.P. court to get approval to remove the tenant Step #3> Service of filing Once the suit for eviction has been filed, the tenant must be served with a copy of the filing (eviction papers). Service is usually done by the a constable or a sheriff’s deputy Avoiding service does not delay the process
- 7. Evictions in Texas Step by Step Step #4>Tenant needs to answer the filing The filing should have the date set for a court hearing The tenant should contact the clerk of court to get confirmation on the court date and an answer form for the filing If the tenant does not answer or appear by the deadline given in the eviction papers, the court will award a default judgment against the tenant automatically Step #5> The court hearing At the hearing the tenant will need to be prepared to present their side of the story. The tenant should take a copy of the lease, any pictures, letters, documents, receipts, or witnesses (in person) to show the judge as evidence The judge or the jury will make a final decision after hearing the case. If the landlord wins, the law allows the tenant five days to appeal the decision or move out. If tenant wins, the landlord also has five days to appeal the decision.
- 8. Evictions in Texas As social workers, we need to know that evictions take a few months before taking effect Tenant will normally not need to move out right away after they are notified of the filing Many tenants do not know that they should receive the eviction notice in writing before the eviction process starts This is helpful to us SocialWorkers as we try to find them housing elsewhere Evictions are serious matters that affect the tenant’s ability to secure housing in the future.They should be advised to seek legal counsel LegalAid offices offer free legal advise and an attorney to represent the tenant in these types of matters free of charge
- 9. LegalAid Programs in Texas The federal government, through the Legal Services Corporation (LSC), funds three legal services programs that serve every county inTexas: LegalAid of NorthWestTexas, Lone Star LegalAid and Texas RioGrande LegalAid. The three LSC funded programs provide a wide range of civil legal services. Over 40% of the cases handled are family law cases. Most other cases are in the areas of housing, consumer law, employment, public benefits, or issues affecting the elderly. Due to federal restrictions, these LSC funded programs cannot handle criminal cases or immigration cases, except for representation of immigrants who have been victims of violent crime.
- 11. LegalAid Programs in Texas LSC funded programs must refuse service to any applicant whose income is above specific federal poverty guidelines. In most situations, the family income must fall below 125% of the federal poverty income guidelines. But in some situations, the family income can be up to 200% of the poverty guidelines. So even if your household exceeds the 125% guidelines, you should still apply
- 12. Foreclosure in Texas Foreclosure is the legal process that a lender (banks) uses to take possession of property when the borrower has not made mortgage payments. Banks use foreclosure to remove borrowers from their homes. Most loans from a bank must be 120 days delinquent before any foreclosure activity starts. However, smaller lenders can sometimes start foreclosure even if you are only 1 day late. The lender is only required to send you two notices before a foreclosure sale.
- 13. Foreclosure in Texas There is a 3-steps process to a foreclosure: 1. Notice of Default – Demand Letter – By law, the lender/servicer is required to send a written notice allowing you 20 days to "cure" (pay in full the amount owed) to bring the defaulted loan current. Some loans increase this period to 30 days (most FHA,VA and home equity loans). 2. Notice of Sale Filed, Posted and Mailed – Next, the law requires at least 21 days’ written notice of the date on which the foreclosure sale (auction) is to take place. Failing to collect certified mail will not stop or invalidate the foreclosure sale.The foreclosure notice is also posted at the courthouse and filed with the county clerk. 3. Foreclosure Sale - Foreclosure sales are held at the county courthouse on the firstTuesday of each month. Anyone may bid.After the auction, you do not have a right to buy back your property from the new owner unless it is being sold by a government entity, a tax lender or for nonpayment of homeowner’s association fees.There are time limits involved and in some cases you must pay a redemption fee.
- 14. Foreclosure in Texas Exception to the 3-step process: If it is a home equity loan, home equity line of credit, a tax lien transfer loan, or homeowner owes assessments to a homeowner’s association a court order is usually required before your property can be posted for sale. In some instances, an order is also required to foreclose on a reverse mortgage. A lawsuit must be filed if a government entity is trying to foreclose, for example due to property taxes or if it is a condemned property, etc..
- 15. Foreclosure in Texas – Loss Mitigation Loss mitigation refers to ways to prevent foreclosure. Under federal mortgage servicing laws, in most cases, by the time a mortgage payment is 45 days’ delinquent, the servicer must appoint personnel to help the borrower with loss mitigation If the homeowner is behind in payments, they may file a loss mitigation application packet The loss mitigation packet may vary per borrower/homeowner. It may contain a loan modification, forbearance, or refinancing. For most servicers, if your application is complete and received at least 37 days before a scheduled sale, the lender must stop all foreclosure activities
- 16. Foreclosure in Texas If foreclosure is happening and the previous owner is still living in the home, the new owner will have to start eviction proceedings in order to them to vacate the property This means, the previous homeowner does not have to move out on the sale date.
- 17. Bankruptcy Bankruptcy is a federal proceeding under the U.S. Bankruptcy Code that helps people who cannot pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.
- 18. Bankruptcy There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code Individuals may file Chapter 7 (the most common form of bankruptcy filing in the United States) or Chapter 13 bankruptcy, depending on the specifics of their situation Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize Businesses may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize Chapter 12 provides debt relief to family farmers and fishermen Bankruptcy filings that involve parties from more than one country are filed under Chapter 15
- 19. Bankruptcy – Chapter 7 Chapter 7 bankruptcy is known as a liquidation bankruptcy. Most of property is sold and used to pay off debts. Chapter 7 bankruptcy is generally meant for people with limited incomes who do not have the ability to pay back all or some portion of their debts. Certain debts such as secured debts, certain taxes, student loans and child support will survive your bankruptcy filing. Meaning there will still be a debt and payments to make after the bankruptcy is completed Chapter 7 bankruptcy will stay on the person’s record/credit for 10 years
- 20. Bankruptcy – Chapter 13 Chapter 13 bankruptcy is referred to as a reorganization bankruptcy.The person’s property is not sold if they successfully complete a court-mandated repayment plan. A Chapter 13 Bankruptcy can: Bring up to date missing payments in a mortgage on your home and stop a foreclosure. It can reduce the rate of interest on secured loans, such as car loans, and in some instances reduce the amount that you need to pay on a secured debt such as a car loan Will stop a tax levy by the IRS or a state tax levy Will stop a garnishment order held by a creditor A chapter 13 plan will pay off the priority amount of the tax debt, with no interest, discharging old taxes, penalties and interest, protect assets that otherwise lost in a Chapter 7 bankruptcy filing And will force the return of a vehicle that has been repossessed Stay on a person’s record/credit for 7 years
- 21. Family Law Matters TheTexas Rules of Civil Procedure are the rules that apply generally to the procedures by which a case proceeds in allTexas courts. TheTexas Family Code governs issues in family law cases. TheTexas legislative code can be found here: https://statutes.capitol.texas.gov/ For the most part, parties will need an attorney when properly handling family law matters There is no constitutional right to an attorney in a civil case. Meaning, there is no constitutional right to an attorney when the deprivation of liberty is not a consequence that is on the table Only children, individual of their parents are appointed an attorney as a Guardian-ad-litem.These attorneys are given the duty of protecting the best interest of children during the course of the civil action
- 22. Title IV-D & ChildSupport Division The Social Security Act of 1975 containsTitle IV is a federal law that, in part, requires every state to manage a child support enforcement program InTX, the Office of the Attorney General is assigned the mission of managing the child support enforcement program The federal government provides money to each state to help support these programs - this is important because many parents do not have an attorney to help them with child support matters or know how to establish or enforce a court order on their own. Title IV-D allows the state ofTexas to help these families by: Establishing paternity Establishing child, medical and dental support orders Collecting child support Modifying a child support obligation
- 23. Title IV-D & ChildSupport Division Child Support Review Process (CSRP) is an in-office administrative process to establish, modify, or enforce child, medical and dental support obligations and determine paternity. However, child support cases may be heard in court, if: one of the parties is a victim of family violence and notifies the OAG that they have safety concerns, the parties did not come to an agreement during their CSRP, one of the parties is a minor, or the OAG determines that the court process is appropriate in that case. The parties will be notified of the filing and court hearing dates Even though now the case is at the judicial level, the parties may still work on negotiating terms (at time thorough attorneys)
- 24. Title IV-D & ChildSupport Division Child Support Review Process (CSRP) is an in-office administrative process to establish, modify, or enforce child, medical and dental support obligations and determine paternity. However, child support cases may be heard in court, if: one of the parties is a victim of family violence and notifies the OAG that they have safety concerns, the parties did not come to an agreement during their CSRP, one of the parties is a minor, or the OAG determines that the court process is appropriate in that case. How does child support work?
- 25. References Title IV-D & Child Support Division. https://www.texasattorneygeneral.gov/child-support/who-we- are/title-iv-d-and-child-support-texas Bankruptcy. https://www.uscourts.gov/services-forms/bankruptcy Evictions. https://www.texastenant.org/eviction.html Foreclosure. https://texaslawhelp.org/article/foreclosure-fact- sheet-0# LegalAid ofTexas. https://www.txcourts.gov/programs- services/legal-aid/