FREE LEGAL HELP is available to eligible low and moderate income homeowners at risk of foreclosure:
If your lender has started a foreclosure court case against your
First mortgage
Second mortgage or home equity loan
Reverse mortgage
OR your county (or city) has started a tax foreclosure case against you
Attorneys at the Legal Aid Society of Northeastern New York are here to help you to prevent your home from going into foreclosure. We also provide FREE LEGAL SERVICES to eligible tenants and others being evicted as a result of foreclosure, and to former homeowners facing eviction after foreclosure.
Homeowners may be entitled to a settlement conference. If you have been served with a summons and complaint for a foreclosure lawsuit, or are notified about a possible settlement conference before a judge, please call the LASNNY Legal Line at 833-628-0087 right away.
These legal services are absolutely free. The Legal Aid Society of Northeastern New York receives funding from the NYS Attorney General Homeownership Protection Program to assist homeowners in foreclosure cases.
Homeowners are also urged to contact housing counselors, including our partners listed below:
Affordable Housing Partnership of the Capital Region, 518-434-1730 Albany and Surrounding Counties
Albany County Rural Housing Alliance, 518-765-2425 Albany, Columbia, Greene, Saratoga, and Schoharie Counties
Better Neighborhoods, Inc., 518-372-6469 Fulton, Montgomery, and Schenectady Counties
Housing Assistance Program of Essex County, 518-873-6888 Warren and Washington Counties
Housing Resources of Columbia County, Inc., 518-822-0707 Columbia and Greene Counties
Domestic Violence Legal Assistance Project (DVLAP) is a project of the Legal Aid Society of Northeastern New York, Inc., a not-for-profit legal services organization which has been providing free civil legal services to low-income residents since 1923. Our DVLAP provides a broad range of free civil legal services to survivors of domestic violence who cannot afford private legal counsel.
Our DVLAP services includes assistance with obtaining Orders of Protection, Child and Spousal Support, Custody and Visitation, and Divorce. We also assist survivors of domestic violence with their civil legal problems related to public assistance, food stamps, foreclosure, landlord/tenant, consumer, employment, and immigration issues.
What is Domestic Violence?
Domestic violence is a pattern of coercive, controlling behavior that can include physical abuse, emotional or psychological abuse, sexual abuse, or financial abuse (using money and financial, tools to exert control). Domestic violence encompasses a spectrum of behaviors that abusers use to control victims. The following list includes warning signs that someone may be abusive. If you or a friend experience these behaviors from a partner, remember: it is not your fault and there are legal professionals and advocates waiting to help.
“Red flags” include someone who:
Wants to move too quickly into the relationship.
Early in the relationship flatters you constantly, and seems “too good to be true.”
Wants you all to him- or herself; insists that you stop spending time with your friends or family.
Insists that you stop participating in hobbies or activities, quit school, or quit your job.
Does not honor your boundaries.
Is excessively jealous and accuses you of being unfaithful.
Wants to know where you are all of the time and frequently calls, emails, and texts you throughout the day.
Criticizes or puts you down; says you are crazy, stupid, and/or fat/unattractive, or that no one else would ever want or love you.
Takes no responsibility for his or her behavior and blames others.
Has a history of abusing others.
Blames the entire failure of previous relationships on his or her former partner; for example, “My ex was totally crazy.”
Takes your money or runs up your credit card debt.
Rages out of control with you but can maintain composure around others.
Domestic violence/abuse occurs in all types of intimate relationships and former relationships. Your abuser may be your current or former spouse, partner, girlfriend/boyfriend, dating relationship. Domestic violence occurs regardless of age, socio-economic status, sexual or gender identity, race, ethnicity, education, employment status, physical ability, marital status or childhood history.
Who do we represent?
We represent survivors of domestic violence. We are here to help.
Although we have income guidelines for many of our programs at LASNNY, we assist any domestic violence survivor, regardless of their income and assets, who cannot afford a lawyer as our staff resources permit. Preferences may be given to those who have income below 125% of the federal poverty guidelines.
You may not have to be a US Citizen or Legal Permanent Resident to receive services from the DVLAP. If you are undocumented and have been battered or subjected to extreme cruelty, or are a survivor of sexual assault or trafficking in the United States, or qualify for immigration relief under section 101(a)(15)(U) of the INA (8 U.S.C. 1101(a)(15)(U)); or you are undocumented and your child, without the active participation of you, has been battered or subjected to extreme cruelty, or is a survivor of sexual assault or trafficking in the United States, or qualifies for immigration relief under section 101(a)(15)(U) of the INA (8 U.S.C. 1101(a)(15)(U)), we can provide you with assistance.
Domestic Violence Legal Assistance Project
If you live in: Columbia, Greene, Clinton, Essex, Franklin, Hamilton, Fulton, Montgomery, Schoharie, St. Lawrence, Saratoga, Warren, or Washington Counties, or on the St. Regis Mohawk Reservation – please call our Legal Line at 833-628-0087 or CLICK HERE for online intake.
Domestic violence community service providers
There is a 24-hour domestic violence hotline in every county. The telephone numbers are listed here. The local domestic violence service provider can help with emergency shelter, non- residential services such as advocacy, counseling, and support groups, referrals, and other supportive services.
Clinton, Essex and Franklin Counties
STOP Domestic Violence: 518.563.6904 or 888.563.6904
Sexual Assault 24-hour hotline – Clinton County: 877.212.2323 (toll-free)
Columbia and Greene Counties
Columbia/Greene Domestic Violence Program: 518.943.9211
The Reach Center Sexual Assault Hotline: 518.828.5556
Fulton County
Family Counseling Center of Fulton County: 518.725.5300
Hamilton County
Hamilton County Domestic Violence Services: 518.648.6131 or 800.721.8534
Montgomery County
Domestic Violence Services of Catholic Charities of Fulton & Montgomery Counties: 518.842.3384
Saratoga County
Wellspring, Inc.: 518.584.8188
Domestic Violence Advocacy Program of Mechanicville Area Community Services Center: 518.664.4008
St. Lawrence County
Renewal House: 315.379.9845
St. Regis Mohawk Reservation
Three Sisters Program: 1.855.3sister or 1.855.374.7837
Schoharie County
Catholic Charities of Schoharie County: 518.234.2231
Warren and Washington Counties
Catholic Charities Domestic Violence Project: 518.793.9496
From anywhere in New York State
24-hour domestic violence hotline: English 800.942.6906, TTY 800.818.0656 / Spanish 800.942.6908, TTY 800.780.7660
New York State Office for the Aging: 800.342.9871
County Offices for the Aging
Albany County Department for Aging: 518.447.7177
Clinton County Office for the Aging: 518.565.4620 or 800.342.9871
Fulton County Office for Aging: 518.736.5650
Rensselaer County Department of Aging: 518.270.2730
St. Lawrence County Office for the Aging: 315.386.4730
St. Regis Mohawk Reservation Office for the Aging: 518.358.2963
Washington County Office for the Aging & Disability Resource Center: 518.746.2420
The Legal Aid Society of Northeastern New York’s Consumer Law Project assists low income clients with non-mortgage consumer legal issues. The Project assists as many clients as possible by distributing information, holding monthly clinics and representing individuals when appropriate.
The Project assists clients in Albany, Schenectady, Rensselaer, Columbia and Greene Counties;
1. Helps clients protect their assets and get out of debt by educating them about their rights and managing their debts most efficiently;
2. Protects clients from Fair Debt Collection Practices Act violations by educating and advocating;
3. Helps clients stop account freezes that are prohibited by the Exempt Income Protection Act and stop wage garnishments for consumer debts.
Frozen Accounts
If your bank account is frozen in New York State, unless the creditor is New York State, the bank should not freeze your entire account. If that account contains protected benefits like Social Security, Veteran’s benefits, or Unemployment Benefits, the first $2,625 in the account should remain unfrozen for you to use. If the account does not contain identifiable exempt funds then the first $1,716 remains unfrozen. After a bank freezes your account they must send you forms within two days of the receipt of the judgment. You must complete and return those forms within 20 days to the bank. The funds must be released if all of the funds were protected, or the creditor can dispute you in good faith and unless the creditor is correct, the funds are released.
Fair Debt Collection Practices Act
Being harassed by debt collectors? You should know that a debt collector cannot phone a debtor before 8am or after 9pm at your local time or at any unusual time or place or a time or place known or which should be known to be inconvenient to you. A debt collector cannot contact you if they know you are represented by an attorney, unless they contact your attorney and the attorney fails to respond in a reasonable amount of time or consents to the collector communicating directly with you. A debt collector cannot contact you at work if they know your employer prohibits you from receiving such communication.
A debt collector may not contact any person about your debt other than: you; your attorney; a consumer reporting agency if otherwise permitted by law; the creditor; the attorney of the creditor; or the attorney of the debt collector. This means the debt collector cannot tell your neighbors, family or friends about your debt except for very limited circumstances, such as the collector cannot locate you, or where the court granted permission. If a debt collector contacts someone to locate you, they must:
identify themselves, state they are confirming or correcting location information concerning the consumer;
not communicate with them more than once;
not communicate by post card;
not put anything on any envelope or in the contents of any mailed communication effected showing they are a debt collector.
Debt collectors may not harass or abuse you, which means they cannot:
use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person;
use obscene, profane, or abusive language;
publish a list of consumers who allegedly refuse to pay debts (except to a consumer reporting agency or to certain persons specified by law);
advertise for sale of any debt to coerce payment of the debt;
call repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;
call without identifying themselves.
A debt collector also must not use false or misleading communication about a debt, including threatening to take action they cannot legally take or which they do not intend to take.
Managing Your Debt
It’s not always about how much you owe. Know the difference between secured (debts for which goods have been promised against), and unsecured (debt which is not guaranteed by any property). When you do not pay on a secured debt, you risk losing the property you promised.
When you do not pay on an unsecured debt, the creditor must come after you to recover those funds. After you consider secured vs. unsecured debts, pay off the most expensive debts first. Be sure to count fees into the cost of the debt along with the interest rate. Even though creditors are supposed to disclose all of these fees as part of the Annual Percentage Rate (APR), do the math yourself.
Default Judgments
If your bank account is frozen or your wages are suddenly garnished, you may have a default judgment against you. The debt buying industry often sues people to recover debts the consumer allegedly owes to another organization. The industry buys and sells debts, and this leads to bad suits in the wrong courts against the wrong people. Default judgments, or judgments without trial because the defendant failed to appear, can result. These judgments occur frequently, and often people don’t realize that anything was ever filed in court until they face a judgment or levy years later. If you think that this has happened to you, the Consumer Law Project may be able to assist you, either through advice, or through direct representation.
For more information, call our main number 518-462-6765 to speak with an intake staff member to confirm eligibility and attend one of our clinics.
Funding
The Consumer Law Project is funded by Judiciary Civil Legal Services, NYS Office of Court Administration, and the Interest on Lawyer Account Fund of the State of New York.
The Children’s Law Project focuses on helping low-income children with disabilities get the services they need for a free and appropriate public education, protecting their rights and making sure they are treated fairly in cases of school discipline, and assisting children who are seeking Supplemental Security Income (SSI). Assistance may include advice, brief service or legal representation.
Am I eligible for assistance by the CLP?
To be eligible you must:
be a child under the age of 18 (unless you are 21 or younger and seeking special education services)
have a disability (the child does not need to be receiving disability benefits or have an official diagnosis to be eligible)
be within certain income and asset limits If you believe your child has a disability, our intake staff can determine your child’s eligibility for the Children’s Law Project.
If you are a minor and not living with your parent or guardian, you may call our intake staff yourself to see if you are eligible for the CLP.
The Children’s Law Project serves the following counties:
This project is supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. Support also came from Judicial Civil Legal Services funds and private contributions through LASNNY’s annual Justice for All Campaign.
