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March 2020

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The LARC Advocate

A monthly newsletter from

the Legal Advice & Referral Center

Issue 1 | MARCH 2020

 

 

 

Bart (above) reduces the staff’s daily stress

In this issue:

Help People Apply to LARC

A Question of Law:  Can I be evicted in winter?

Good Client Story: 75-year-old Veteran saves home of 50 years

LARC WANTS TO HELP

Dear Fellow Advocate,

Welcome to the first monthly issue of The LARC Advocate!

We are the Legal Advice & Referral Center (LARC), a free legal advice hotline and referral service for low-income NH residents.

LARC is the starting point to find reliable legal services in NH. Learn more about NH legal aid and the critical role LARC plays. Watch a short video from the NH Judicial Branch website.

If you know someone who needs help with a non-criminal legal problem, have them contact LARC. We help NH’s low-income people by providing free legal advice and information, or a referral to another program for legal help.

LARC can give legal advice about benefits, housing and family problems such as

  • eviction
  • custody of a child
  • divorce
  • social security benefits

LARC can refer people to an attorney to resolve

  • immigration problems,
  • debt collection issues, or
  • to expunge a conviction from their record

Whatever the civil law problem, have your client call LARC. You, or your client, can also submit an application for legal help from LARC's website.

  • Call 1-800-639-5290 or (603) 224-3333 from 9 AM – 1 PM weekdays
  • Apply online at NHlegalaid.org

LARC is here to help the people you serve. Help them connect with LARC. We want to serve them, too.

Enjoy our newsletter.

Sincerely,

The LARC staff

 

HELP PEOPLE APPLY TO LARC

LARC gives advice by telephone only. Your client must have (or borrow) a phone where LARC can reach them between 9 AM and 4 PM weekdays.

Apply online if your client can wait at least 4 business days for a response. Otherwise, have them call 800-639-5290 between 9 AM and 1 PM weekdays.

1. Open the online application.

2. Read all instructions carefully.

3. Select a specific type of legal problem. Only select “None of the Above” if your problem truly does not fit into any of the listed categories.

4. Click the help symbol (question mark in a circle) for more information about the question. Hover your cursor over the symbol. Please read them all.

5. Answer every question, even those that are not mandatory.If we do not get enough information, you may be asked to submit a new application, which could delay help. If you miss a mandatory question (marked with a red asterisk), you cannot go to the next page. The unanswered mandatory question(s) will be highlighted in red.

6. On the Review page, scroll down and click “submit application.” We got your application only if you see the Application Submission Result page with the word “SUCCESS!” at the top.

 

A QUESTION OF LAW: Can I be evicted in winter?

Q: Can a landlord evict a tenant with young children in the wintertime?

A: Yes. Unfortunately, there is no law in NH that keeps a landlord from evicting tenants in winter. The ages, disabilities, or health problems of household members don’t matter. This mistaken belief that certain tenants can’t be evicted in wintertime is probably due to something called a discretionary stay. A judge may give the landlord permission to evict but may also give the tenant extra time in the rental unit before the eviction is carried out. This extra time is a discretionary stay which can be up to 90 days. The tenant must pay rent during this discretionary stay period. For more information on eviction, read our article.

The above information is not a complete guide to the law. It is meant >to serve as an aid in assessing possible options in the event of an eviction, but is not meant to replace the services of a lawyer. Be advised that changes in the law affecting the rights of landlords and tenants could occur anytime.

 

GOOD CLIENT STORY

The Story of Jim

Jim, a 75-year-old Army veteran, lost his job and was unemployed for a year. Then he lost his home of 50 years to foreclosure. After the foreclosure, the mortgage company started to evict him. Jim called the Legal Advice & Referral Center (LARC) for help the day before his eviction hearing. Jim had landed a new job and wanted to buy back his home but the bank wouldn't talk to him.

LARC reviewed Jim's eviction paperwork, spotted a defense, and drafted a motion to dismiss for him to file at court. Jim reported later that the bank’s attorney was not impressed with the motion, but the judge was. The judge told the attorney to either negotiate with Jim or the case would be dismissed. Jim left the court with an agreement that allowed him to stay in the home for a few more months with an opportunity to get financing to buy the home back.

"All I wanted was a second chance, and you gave me one," Jim told LARC. "I don't know how to thank you."

*** If you know someone who had a good outcome in a legal case due to LARC’s help, please share that Good Client Story with us! We would love to share it with our readers. LARC will never use a client’s real name or any facts that could reveal who that client is. Send your Good Client Stories to: webmaster@larcnh.org and put “Good Client Story” in the subject line.

 

Know someone who would find this newsletter useful? Pass it on!

The Legal Advice & Referral Center (LARC) is a federally funded legal aid hotline. LARC serves low- income people throughout NH who have legal problems with housing, family, and public benefits. LARC provides legal advice and information by phone to prepare people to represent themselves in court.

LARC refers other non-criminal legal issues to New Hampshire Legal Assistance and the Pro Bono Program.

Call 1-800-639-5290 or (603) 224-3333 from 9 AM – 1 PM weekdays

Apply online at NHlegalaid.org

LARC has useful information on its website.

Equal justice for all should not depend on whether you can afford it. Make a difference for New Hampshire’s most vulnerable citizens by donating to the New Hampshire Campaign for Legal Services. Your donation will provide vital support to the Legal Advice & Referral Center and New Hampshire Legal Assistance. Help us ensure that New Hampshire's poor and elderly have a place to turn when they need legal help.

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