Presentation on theme: "As challenging as finding the cure for the common cold?"— Presentation transcript:
As challenging as finding the cure for the common cold?
Eleventh District Legal Assistance Program Presented by Michael Marken, D 11 Legal Assistance Telephone: 510 437-5891 Los Angeles AFB: 310 653-2084 or 653 633-3084 https://aflegalassistance.law.af.mil/lass/lass.html NB Ventura County: 805-982-3124 or 551-3124 http://www.jag.navy.mil/legal_services/rlso/rlso_southwest.htm http://www.uscg.mil/LSC/Alameda/ http://legalassistance.law.af.mil/content/locator.php
Coast Guard Legal Assistance Program Includes: Individual Client Legal Services Preventive Law Program –Individual Legal Readiness Training –Other legal briefings, e.g. spouses groups, retirees –LSC Legal Assistance Website @ www.uscg.mil/lsc/alameda/
Authority & Eligibility Eligibility –Active duty military personnel & dependents –Recalled reservists & dependents –Reservists for pre-deployment matters –Officers of commissioned corps of PHS On active duty or entitled to retirement pay –Retired military personnel and dependents
Authority & Eligibility CANNOT represent anyone in a criminal matter (Civilian & Military Courts). CANNOT represent anyone where the opposing party is the United States. CANNOT represent anyone in court.
SCRA HELP Servicemembers Civil Relief Act –Car leases – Recall, Deployment or OCONUS PCS Terminate w/o penalty Must notify in writing Deployment must be at least 180 days § 535 –Residential lease – Recall, Deployment, or any PCS Same rules, but ….deployment at least 90 days §535 -Cell Phone Contracts if: - Any PCS or deployed OCONUS 90 days -Use materially affected § 535a - Pre Military Service Debts- Reduced to 6% interest for duration of military service- material affect- § 527
SCRA Help Servicemembers Civil Relief Act Stay of Civil Proceedings –Requires a court or administrative hearing to grant at least a 90-day stay if requested by the servicemember. Additional stays can be granted at the discretion of the judge or hearing official. –§ 522 –More info: Michael.J.Marken@uscg.mil
Common Legal Services Landlord-Tenant Powers of Attorney Wills/SGLI Beneficiaries Advance Medical Directives Servicemembers Civil Relief Act
Landlord-Tenant Lease reviews Military Clause – Add to Lease Security Deposit-California –Written notice of new address – Tenant –Landlord – 21 days to give list of deductions –Late or no written response? – LL must refund full deposit $$. –CA Tenant Guide: http://www.dca.ca.gov/publications/landl ordbook/index.shtml
LANDLORD FORECLOSED? FED LAW- 90 Days to move out after property foreclosed. (Until 12/31/2014) Be sure to pay landlord rent on time or subject to 3 day notice of eviction Who is landlord?-until property actually changes title still original LL even if foreclosure is in process.
Powers of Attorney (PoA) POA – designate agent to act on behalf of principalPOA – designate agent to act on behalf of principal Agent has same legal authority as principal for those actsAgent has same legal authority as principal for those acts Others need not honor a POA –Check ahead of timeCheck ahead of time
Advanced Medical Directives Living Will or Directive to Physician - If you are incompetent, leaves written instructions for your medical care provider about your wishes Advanced Medical Care Directive - If you are incompetent, appoints another to make health care decisions for you Durable General POA, with or without a springing clause. –If you are incompetent, appoints another to act for you
Wills Can name executor, beneficaries, trustees, guardians. If no will-court will decide- litigation/insecurity Your family will have enough grief to deal with-dont leave them with a legal hassle too.
Mortgage Crisis Nationwide Phenomenon- CA, FL, OH, MI hardest hit. Apparently not going to bottom out until mid 2012. (Option ARM problem) California Anti-Deficiency Statutes
California Anti-Deficiency Judgement Statutes California Law states that if: 1) a mortgage holder forecloses on a homeowner 2) the mortgage(s) were used to purchase the property Then: Mortgage holders recovery limited to taking back property only, cannot seek deficiency judgment against homeowner CA CCP 520, 726
Foreclosure-Security Clearance ALCOAST 538/08: Excessive indebtedness and unreliability may affect security clearance- however -A single foreclosure or Short Sale does not necessarily establish a pattern of excessive indebtedness or unreliability
Contact Points For Legal Assistance –Legal Service Command - Call (510) 437- 5891 Helpful Web Sites: http://legalassistance.law.af.mil/content/lo cator.php www.uscg.mil/lsc/alameda/