View Full Version : Is legal aid an option?
charlie1020
June 10th, 2003, 03:11 PM
I was served with summons here in Austin on may 30th. I have spoken to several lawyers on my options. I have gotten several different opinions but all lawyers require at least a $3500 retainer. I'm 22 years old and i'm in debt already.I dont want to try to defend myself because I know I'll screw up in some tiny way and get a huge settlement against me. The summons has many devices on it also.
My question: can I apply for legal aid? Is this allowed for this type of case?
Also I'm looking at the option of bankruptcy but have been told and read that this may not be an option. Any help would be greatly appreciated.
^Falcon_65^
June 10th, 2003, 06:10 PM
To my knowledge, Civil defendants (unlike criminal ones) are not entitled to representation based on indigency (not having any money)
A criminal defendant can petition the court for a court appointed attorney, fill out some proof of financial status forms and have a lawyer appointed by the court. I do not believe that there is any provision for this kind of arrangement in civil cases. I will check with a Lawyer buddy of mine just to be sure though and let you know if I find out anything different.
You might ask a lawyer if he would be willing to accept payment in installments or work out some sort of payment plan. It's worth a try. Although the prospect of defending yourself is pretty intimidating, it can be done. People have successfully defended against DirecTV representing themselves... it can be done. The key is being prepared and informed. Read up on Civil procedure and know what to expect. As a defendant you will have to file a response to the complaint, and there will be initial meetings set up for both sides to discuss the case. You as a defendant have a right to all evidence that DirecTV's lawyers may have against you. This is the discovery process, and is important.
When you file a discovery motion, DirecTV's lawyers are required by law to give you any evidence they have against you, including any evidence which would prove your innocence! So it is important that you make a discovery motion as soon as possible to find out exactly what you are up against. If you are defending yourself, a simple letter to the DTV lawyers explaining this fact and requesting all the evidence they have will be sufficient. They will have to provide it to you... and if they don't tak it seriously, and refuse you this info, it could be grounds for the judge to dismiss the case against you.
Muggles
June 10th, 2003, 06:38 PM
If you do this on your own,, photo-stat ALL documents, and send them certified, return receipt requested. That way you have proof, when, where and who signed for it.
Bohanjian
June 10th, 2003, 07:02 PM
Some law schools offer help to people at drastically reduced rates, and it is overseen by an attorney but the students do most of the work. Obviously the students can argue the case, and I'm not sure if a court appearance is needed, they would do that. Couldn't hurt to call.
trent reznor
June 11th, 2003, 12:53 AM
You could try contacting Michael McCoy at mccoylegal.com . I'm not sure of his rates, but he's extremely reasonable and very talented. He's also primarily concerned with copyright law. You'll have to wait to contact him though, as he's out of town until Friday. You could always leave a message with the secretary.
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