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Louisiana Civil Litigation Questions & Answers
Q: Hello my name is Damian . So I was a public housing commissioner .

I showed up for a meeting on Thursday to find out I was terminated without notice and for reasons that are false .The mayor said he and the city council voted to remove me on July 6,2023 .

James L. Arrasmith
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answered on Jul 11, 2023

This may be a violation of your rights, as public housing commissioners are entitled to due process before being terminated. You may want to request a copy of the meeting minutes from July 4, 2023, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for Louisiana on
Q: Need advice to see if I have a case and if so what do I do
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

Use the Justia Find a Lawyer tab and search for lawyers in your area who practice in the subject matter you are seeking---contact a few of them for a consultation----some you contact will provide a free first meeting/consult. Good luck.

2 Answers | Asked in Civil Litigation for Louisiana on
Q: Do intentions of the parties to the agreement matter in a case of a civil law?

Nil

John Michael Frick
John Michael Frick
answered on Mar 20, 2023

The guiding principle of contract construction in American jurisprudence is that the court will attempt to ascertain the intentions of the parties as expressed in the agreement itself. What the parties subjectively intended but did not express is mostly meaningless.

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1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Louisiana on
Q: I received a deposit of 52000 dollars on a 71000 Dollar project and I only used 22000 of it and the rest was Used

To cover labor and things for 3 other prior jobs I had to complete to get to the job at hand and now they are taking me to court

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 10, 2022

Please consult with a lawyer about the specifics of your case. Also, if you have been sued and served with paperwork, please know that you have a limited period of time in which to file an Answer (respond to the lawsuit) so please make sure you do so within that time period.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Litigation for Louisiana on
Q: I borrowed my friend's truck to run an errand and rear-ended someone. I was unaware I was driving an uninsured vehicle

until after the wreck. The other driver's insurance company advised they will fix their insured driver's truck and then subrogate against me. I am a single mom, 3 kids, unemployed since pandemic, I have no car therefore i myself carry no automobile insurance. I live in Louisiana.... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I hope everyone involved in the accident is okay. Unfortunately, it is as they described it to you - the subrogation department will want its money back. If you feel you could attempt negotiate, you could consider... View More

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Does CCP1424.D.3 require the party who sends me a subpoena duces tecum to pay me my usual rate for my time and expenses?

And what recourse do I have should they refuse? This is a civil case where I have been called as an expert witness.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

Depends--- if I recall correctly, the article does not state that you (or rather an expert) is entitled to the expert's usual rate but rather a reasonable rate.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: How can a judgment for breach of contract be rendered with no promissory note or contract signed by me?

Is there any way that I can appeal or fight a judgment rendered against me for $13,000 and there is no proof submitted nor is there a promissory note or contract with my signature for work subcontracted by another business? A letter was printed for a trial and court date but was never delivered to... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 6, 2022

Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom you might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, if you have filed bankruptcy, you may have limited... View More

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My husband's truck was stolen and documents were taken to a notary public and were signed with out him being there.

When we contacted the notary public she said she made an honest mistake where do we go from there? She even signed and affidavit stating it was a mistake on her behalf.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 24, 2022

Make a criminal complaint with the Sheriff and then go to Motor Vehicles

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Louisiana on
Q: if a person doesn’t get any information from someone during a wreck and let’s you leave without including the cops can

they later on try and file a report if they figure out who it was?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Yea, you are not in the clear yet.

2 Answers | Asked in Consumer Law and Civil Litigation for Louisiana on
Q: Can I motion to open a default judgment case?

My wife was served for a court case for a debt to republic finance LLC, the manager called my wife and they came to terms to repay unsecured loan. My wife asked if she needed to go to court and the manager stated " not as long as you make your payments". A default judgment was set against... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

If this happened les than 1 year ago, your attorney may be able to file a Petition to Annul the Default.

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: Can I be held liable because my mom was visiting my house when the incident occurred?

My mom was visiting my house when she let her dog out of her vehicle without a leash to go inside but her dog ran over to my neighbors yard and an incident occurred between my moms dog and my neighbors dog who was also not on a leash. The police and animal control were called and my mom and my... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 8, 2022

It wasn't on your property and it wasn't your dog. If yiur neighbor does sue you, your homeowners insurance will provide a defense.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Health Care Law for Louisiana on
Q: I need to revoke power of attorney but don’t remember the date it was initiated how can I remove it without the date

It’s in Alexandria Louisiana and the person who it was given to will not tell me the date and are miss using the powers acting on my behalf I have the paperwork to file but I do not have the original date of the initiation can I proceed without it even if it ask for the initial date on the form ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 26, 2022

File a Revocation with the Clerk of Court and request service on the person to whom you gave the power of attorney.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Louisiana on
Q: What can I expect to happen at the hearing officer conference after being accused of kidnapping my daughter?

My ex has not let me see or speak with my daughter in weeks since he was awarded temporary custody even though the court order says I'm allowed visitation. She called me frantic the other night telling me she ran away and was far from her house. In a panic, I raced there and picked her up. We... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2022

Hire a custody lawyer immediately.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: I need to file a motion for new trial in orleans parish civil court

I need representation to file the motion for new trial. Judge says I cannot represent my business.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't know what the question is.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What to do If a motion was filed to place proceeds from selling of a home into the courts registry?

No court date was set after initial hearing officer meeting. The title company never received the motion and split the proceeds in to two separate checks.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

Contact your divorce attorney immediately

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: my catalytic convertor was stolen at the dealership, what can i do

also after picked up my truck, the electrical system was messed up. none of gauges was working

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2021

Get written estimates and file a claim with the Justice of the Peace.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 9, 2021

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

1 Answer | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: Hello, is there a law that protects mentally unstable more specifically schizophrenic people from harassment.

I know the law states “without invitation” but if the person has serious mental issues how are they able to offer invitation? And the person they contact continues to accept call and repeatedly continues to tell them things that triggers them to have episodes

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 26, 2021

Stay on your meds and block the number.

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