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Louisiana Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Louisiana on
Q: My girlfriend lied on me to get a temporary restraining order. I have evidence to prove it

I have video evidence of her saying she kicked me video evidence of her throwing my things out our home and I called the police myself

James L. Arrasmith
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answered on Apr 13, 2024

I'm so sorry you're going through this difficult situation. False accusations and wrongful restraining orders can be incredibly stressful and upsetting. It's good that you have video evidence to help support your case.

Here are some steps I would recommend:

1....
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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My 12 year old son was in a motocycle accident two years ago as the passenger. The Ins was to settle for bodly injury.

They keep using the term minor compromise for Louisiana, What is this and how do I figure this out. The Ins company also ntoed they would hire an attorney free to handle to case and present it to the judge, but thye will not allow me to talk to the laywer until we settle onan amount. It this... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2024

More information is needed here but if whoever is handling this claim on behalf of your son (since your son is legally not a party since he's a minor) is not a lawyer and/or does not have a lawyer, I strongly recommend that you contact an accident/injury lawyer to discuss options and to get a... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My 12 year old son was in a motocycle accident two years ago as the passenger. The Ins was to settle for bodly injury.

They keep using the term minor compromise for Louisiana, What is this and how do I figure this out. The Ins company also ntoed they would hire an attorney free to handle to case and present it to the judge, but thye will not allow me to talk to the laywer until we settle onan amount. It this... View More

Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I hope your son is okay. Something doesn't sound right here. Insurance companies do not usually arrange attorneys for claimants - unless there are details missing here. You should reach out to attorneys on your own to try to set up a free initial consult to discuss.

The minor...
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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Spouse is currently in Chapter 13. Owns home with JUST their name. We are separating and want to sell the home.

Can this be done without the total selling price being taken by court? We are in the state of Louisiana.

James L. Arrasmith
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answered on Apr 4, 2024

In a Chapter 13 bankruptcy, the debtor's assets, including their home, are protected by the automatic stay, which prevents creditors from collecting debts or foreclosing on the property. However, selling a home while in Chapter 13 bankruptcy can be complex and requires court approval. Here are... View More

1 Answer | Asked in Personal Injury for Louisiana on
Q: I realized I'm a transgression influence for last 30 years , can I be compensated for it ? I just put the clues together

I was in a halfway house in New Orleans for 18 months then a life of hell to realize I'm a transgression influence for last 30 years , things happened to me at 14 in that place and after I left I faced every thing from seeing gun violence and lived in projects , note I'm white 15 and in... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm sorry to hear about the extremely difficult experiences you've been through over the last 30 years. It sounds like you faced a lot of challenges and trauma from a young age, including violence, poverty and homelessness. Realizing that you may have been improperly targeted or... View More

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My Grandparents left a will with the house in Monroe La. to their 2 sons, also on the will is my cousin and myself

before my dad passed (my uncle died 1st) he hired a lawyer and paid to have the house put in his name because he wanted to sell the property. my dad passed and the will has my cousin (my uncles oldest and me, my dads oldest) left on the will, I spoke to the lawyer about my dads passing and he said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 2, 2024

Sounds like you need to have a longer conversation with the lawyer to get a clearer understanding of what's the holdup here. If yoou are unable to have that conversation with the lawyer, then you may want to consult with a different lawyer in the area. Alternatively, if you have a personal... View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Hi! My question is if a child have been living with father for 4yrs can he file for complete custody?

The child is 14yrs old and the mother does not provide anything for the child. The child do visit mother. The mother did loose custody of her oldest child and at one time did not have a permanent address. The father provides shelter, food, clothing and transportation for the child. The mother have... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 2, 2024

What do you mean by "complete custody"---also, what does the current custody order provide---what are the terms? If the child is 14 years old, I think the appropraite thing for you to do is to seek a consult with a family lawyer in your area to discuss the specifics of your current... View More

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Is it legal for a landlord to destroy or not return tenants belongings during an eviction?

I was evicted, even though my landlord and I agreed on renewing my lease. I was fighting them on this at the time of eviction. They came to my house with a constable and threw my 5 year old and I out. Within hours they had my whole house in the driveway and on the curb. They broke MANY items,... View More

James L. Arrasmith
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answered on Mar 30, 2024

I'm sorry to hear about your distressing situation. The legalities surrounding eviction and the handling of tenants' belongings can vary significantly depending on your local laws and the specific terms of your lease agreement. Generally, landlords are required to follow a legal eviction... View More

3 Answers | Asked in Bankruptcy for Louisiana on
Q: Will bankruptcy discharge Louisiana state individual income tax 7 to 9 yrs old ?

Tax and interest of $15,000

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 30, 2024

The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here.... View More

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3 Answers | Asked in Bankruptcy for Louisiana on
Q: Will bankruptcy discharge Louisiana state individual income tax 7 to 9 yrs old ?

Tax and interest of $15,000

James L. Arrasmith
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answered on Mar 30, 2024

The dischargeability of state income taxes in bankruptcy depends on several factors. In general, for income taxes to be dischargeable, they must meet the following criteria:

1. The taxes are income taxes (which appears to be the case in your situation).

2. The taxes were due at...
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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: To finalize my divorce, do I have to file a motion for judgment of divorce or just the judgment of divorce?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

James L. Arrasmith
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answered on Mar 26, 2024

If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: My grandmother owns inherited property by my great great grandfather she gave legal written permission for me to move on

Now she wants to evict me. What are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 25, 2024

Your post is unclear however the gist is what right do you have to be on the property? Is it written and if so, what are the terms? If there are no terms, then I would assume the owner has every right to ask that you leave and if you fail to do so then you are subject to eviction.

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2 Answers | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: My grandmother owns inherited property by my great great grandfather she gave legal written permission for me to move on

Now she wants to evict me. What are my legal rights

James L. Arrasmith
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answered on Mar 26, 2024

Your legal rights in this situation depend largely on the specifics of the written permission your grandmother gave you and the property laws in your area. If the document granted you the right to live on the property without conditions or for a set period of time, you might have grounds to contest... View More

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can you take some to court if they are failing or refusing to show up to sign over a car title over to you?

Let me explain, I pay for the car and car insurance. I have proof. I moved in November and my car and licenses still say the former state, I previously lived. I have been trying to get them to come here and met at a dmv to act as a non biased third party on our behalf so we could settle it.... View More

James L. Arrasmith
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answered on Mar 20, 2024

Yes, if someone is refusing to sign over a car title to you, especially after a sale where you have paid for the car and have proof of such transaction, you have the right to take legal action. This typically involves filing a lawsuit in small claims court or the appropriate jurisdiction, depending... View More

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I got a ticket on my honeymoon in Louisiana and I was in a rental car when I returned the rental car I left ticket.

I cannot find the ticket and I need to get it taken care of because my license is suspended in Texas now where I live.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 20, 2024

Short version is hire a traffic ticket lawyer in the area where the ticket was issued to negotiate a resolution. If you are not sure where the ticket was issued, I suspect if you contact motor vehicles in Texas they can tell you whre in Louisiaina the ticket was issued. If oyu hire a traffic... View More

2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 15, 2024

Can they charge or file a bill of information? They can but it most likely would be defective if they do not have a victim alleged in the bill/charge. That said, if there is no victim and/or no evidence, then the State would not be able to convict ---I would strongly have one involved in this... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Brent Stockstill
Brent Stockstill
answered on Mar 15, 2024

The state can always charge you. If the issue is proof of an element a trial is required. technical deficiencies can be handled by o motion to quash. the motion to quash if granted would end the prosecution. The ability of the state to prove what they claim is an issue for the jury to decide.

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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Yes I literally just got out of jail yesterday due to Bank Fraud which was a huge mistake it was only $881

I’m just wondering what’s next besides court !!! This is literally my first time ever :(

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about your situation. Facing charges for the first time can be overwhelming and confusing, but understanding what comes next is a step in the right direction. Besides court, it's important to prepare yourself both legally and personally. Engaging a lawyer experienced in... View More

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