Introduction to Spartanburg Legal Aid
Understanding Legal Aid Services in Spartanburg
Legal aid services are organizations or projects that offer free legal help to low income individuals. Depending on the case, they may also take on pro bono (free of charge) legal work for income-qualified individuals. South Carolina Legal Services and the SC Bar Foundation deliver free legal aid services for low income individuals, families, retirees, and veterans in Spartanburg County.
They assist clients with an array of civil, non-criminal legal services for a variety of legal matters , including:
• foreclosure defense
• eviction defense
• DSS neglect and abuse hearings (South Carolina Department of Social Service)
• child support hearings
• deed recovery
• improper or wrongful garnishments
• land lord-tenant matters
South Carolina Legal Services and the SC Bar Foundation also provide self-help legal books and select court programs, including the Lawline HelpLine, a phone and online legal media platform developed to help people who need legal assistance.
Various Types of Legal Aid
Spartanburg’s legal aid services cover a wide range of issues in the categories of civil law, family law and criminal defense. Some legal aid programs focus on specific areas, such as helping veterans or LGBTQ individuals. Others are geared to assist seniors in the community.
There is no one-size-fits-all solution for every case. Legal aid in Spartanburg is available to help determine the best avenues of assistance for each situation. Incoming calls to legal aid are screened so that callers can be directed to the first steps in their legal journey.
Those in need of assistance subsidized by Spartanburg legal aid services may include veterans, the poor, the elderly, the disabled, domestic abuse victims, or those with mental health concerns. Certain services may be available to all in the community regardless of income.
Because legal aid services are sponsored by the state, they are limited in their availability. Legal aid programs in Spartanburg assist the poor, or those defined as people whose incomes are 125 percent or less of the poverty level. There are other limits set, such as document limits in some cases. Legal aid services cannot be applied to issues involving large amounts of money.
Areas of law commonly covered by legal aid programs include family law, bankruptcy, guardianship, landlord/tenant law, and veterans’ assistance. Other areas of focus include expunging an arrest record and auto accident and property damage cases, among others.
Free legal services offered by Spartanburg legal aid are provided through volunteer attorneys. Programs include in-house clinics for domestic violence, wills and advance directives, bankruptcy, consumer issues, family law and veterans’ assistance. For estate matters, the program offers wills and advanced directives clinics in nursing homes. The senior citizens outreach clinic travels to senior centers in the community.
Other local legal service providers include the Upstate Mediation Center. This organization handles mediation services to help people resolve disputes in family, probate, community, workplace and business cases.
Lawyer Referral Services provide further resources to connect citizens to western South Carolina attorneys who identify themselves as members of the volunteer panel. These attorneys have agreed to participate and provide a certain amount of their time to these referrals. This legal aid service does not provide free legal advice and may charge clients a nominal fee for initial consultations and other services.
Eligibility for Legal Aid
To qualify for legal aid services in Spartanburg, a person must meet certain income and asset guidelines. For 2018, the applicant’s gross income must not exceed 125% of the federal poverty level. For applicants living with others or receiving housing assistance, there is a different requirement for maximum allowable assets. In addition, the applicant must reside in Spartanburg or Cherokee County. A resident of Spartanburg County is someone who has been there for at least 6 weeks; someone who has just moved there also qualifies as long as they will be there for at least 6 weeks.
The reasons for requesting legal aid services must fall within the scope of civil legal matters. In Spartanburg, about 10% of legal aid cases fall into the following categories:
There are other civil legal matters that fall within Legal Aid eligibility requirements. Subjects outside the scope of eligibility include:
Based on the case type, applicants must provide documents and information for the merits evaluation, which is most often completed by telephone. Verifying information is an important step, as refusal to provide it can result in Legal Aid denying service. Examples of verifying information include the amount of other sources of income such as food assistance, alimony, retirement, and disability. It is important to provide accurate contact information such as an email address and phone numbers.
Applying for Legal Aid Services
Applying for legal aid services in Spartanburg is a straightforward process. First, you must contact your local legal aid office. For residents of Spartanburg, the relevant office is the SC Bar Justice Center Legal Services to the Elderly Program. They can provide detailed information on how to get started. The next step is to gather all necessary documentation. You will need to show proof of income, expenses, assets, and debts. This will help the agency determine your financial eligibility for the legal aid services you are applying for. It is also handy to have identification on hand, such as a driver’s license or state-issued ID. After you have all the necessary paperwork ready, it is essential to fill out the application in full. Applications that are incomplete or lack required documentation may be rejected. You can either fill out a paper application and return to the agency in person or submit an application online if that option is available. Once your application is reviewed, you may be asked to provide additional information or clarification on specific points before your eligibility for services is determined. In some cases, you may be referred to another agency more suited to address your legal needs.
Organizations Offering Legal Aid Assistance
For residents struggling to obtain legal assistance, Spartanburg is home to several organizations dedicated to providing legal aid service and support. These organizations generally offer free services, though some may have eligibility requirements based on income or specific issues. The South Carolina Legal Services is a legal aid program in Spartanburg that services the Upstate region. Individuals eligible for assistance can get help with various legal situations. The organization helps low-income residents with civil legal problems including bankruptcy, family law, housing law, immigration law and employment law. Housing law, for instance, includes landlord/tenant disputes, while family law consists of divorce and child custody. The organization cannot provide general legal advice. In most circumstances, applicants must meet financial eligibility standards and be within the four counties it serves, which include Spartanburg, Cherokee, Union and Greenville. Legal aid will also help those being charged criminally for domestic violence and other violent crimes. Contact Information: 864-585-3070 | Spartanburg County Branch Office The Appalachian Immigrant & Refugee Rights Coalition is a nonprofit organization in Spartanburg that offers free legal services to immigrants from Mexico, Guatemala, Honduras, El Salvador and refugees from the Democratic Republic of the Congo . Individuals seeking assistance must meet basic eligibility requirements based on income and asset limits. They serve both legal and security needs, including green card and U Visa applications. The organization does not assist with matters pertaining to payment of wages or worker’s compensation in South Carolina. Contact Information: 864-582-7773 | Spartanburg Office The National Housing Law Project is another legal sector nonprofit that helps provide legal aid to Spartanburg residents. The organization seeks to increase access to safe and affordable housing for low-income families, individuals and the elderly through the dissemination of free information about the various programs across the country offering support. The organization specifically provides free technical assistance for lawyers, advocates and non-profit agencies and will help connect individuals with housing counsel and advisors. The National Housing Law Project produces publications, webinars and conferences specifically aimed at low-income families who are struggling to maintain their homes.
Testimonials and Success Cases
The impact of legal aid services on the lives of individuals in Spartanburg County is monumental. One of the many who has directly benefited from such services is John, a single father who struggled to maintain custody of his two young children. Following a contentious divorce, John was left to raise two small children while dealing with a host of legal and financial challenges.
"When I first came to see the legal aid attorneys," John recalls, "I was completely overwhelmed. The threats from my ex-wife for taking our children out of state and the possibility of losing my job was too much to bear. Legal aid services helped me find the comfort in knowing I could legally keep my children with me."
Through a series of workshops and one-on-one legal counseling sessions, legal aid services in Spartanburg helped John navigate the complex legal system. They represented him in court, helped him secure a fair custody agreement, and even assisted him in obtaining new employment that better supported his family. After a difficult several years, John had life back on track with his children at his side.
"I can’t even express how thankful I am for the work done by legal aid services in Spartanburg County," John says, a hint of emotion in his voice. "My lawyers saved me from losing my children and my job. I don’t know what I would’ve done without them."
Another success story comes from Karen, a senior citizen who desperately needed assistance to avoid eviction from her home. She came to legal aid services at the advice of her local community center.
"I had missed a couple of payments after my husband passed away and there was too much month at the end of the money," Karen explains. "I didn’t know how I was going to make it through another month, let alone another year. Legal aid services fought for me and I was able to keep my home."
Karen was able to work out a mutually agreeable solution for all parties involved. Legal aid services helped her work with the banks, ensuring she could stay in her home and clear her debt in a reasonable period of time.
"It was overwhelming and I was scared," Karen admits. "At one point, I thought I would be out on the street or worse. Legal aid services helped me see that I wasn’t alone and that there are people that care. I am forever grateful for their assistance."
Future Prospects and Challenges for Legal Aid
In Spartanburg County, with the current volume of low-income people and the number of active cases, there simply are not enough staff members with the expertise and experience to handle all the cases at issue. Many cases end up being referred to private attorneys or attorneys willing to provide pro bono assistance.
The current legal aid system in Spartanburg has operated successfully for decades, but it is always under threat from budget cuts. The Spartanburg County Bar Association and private citizens have been central to the success of legal aid in the county, funding campaigns, supporting fundraising efforts to help secure private donations, and maintaining a close relationship with the United Way as its largest contributor.
However, the greatest factor that has propelled the success of legal aid in the county has been the number of volunteer lawyers willing to perform pro bono work . Many active attorneys in Spartanburg County have assisted the program by taking on a matter for the program. This is what stands out from the program in Spartanburg as opposed to Anderson, Pickens, and Oconee counties where they do not have the private bar or CCBA assists in the operation of their legal aid programs. As a result, many more pro bono lawyers are assisting in Spartanburg County than in the other counties.
The legal aid program hopes to continue this relationship and improve on the relationship with the private bar into the next decade. If the current system remains in place while modifying some aspects that make it even more collaborative with the private bar as well as ensuring that services in the surrounding counties improve and continue to be available, the future looks very bright.