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Louisiana Questions & Answers
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

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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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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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

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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

1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the charge of rubbing a minors private area and the degree of offense.what are the possible consequences of this

What if the offender is a family member.

James L. Arrasmith
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answered on Mar 9, 2024

In Louisiana, rubbing a minor's private area would likely be considered sexual battery or molestation of a juvenile, depending on the specific circumstances of the case.

Sexual battery (LA RS 14:43.1):

- Intentional touching of the anus or genitals of the victim by the offender...
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1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: How long does the insurance company have to settle my claim after my car was stolen and recovered?

My car was stolen on January 28th and recovered by police on feb 2nd. Someone had set it on fire. I am completely devastated and have been treated like a criminal by law enforcement from day one. I have corroborated with my insurance company giving them everything they have requested of me. I also... View More

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

You are handling these matters by yourself ---in order to insulate yourself you at a minimum consult with a lawyer in your area to get a better idea of the procedure and process-----and if you so desire (and I do recommend), hire a alawyer to be your representative in this process. He can... View More

1 Answer | Asked in Business Law for Louisiana on
Q: is it by law that the bank have to give you a small business loan?

In Louisiana

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No. A bank is not legally required to give a small business loan. SBA loans, which are a type of small business loan guaranteed by the Small Business Administration, have specific lending requirements that banks must follow. Of course, banks offer other types of small business loans as well.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If there is no enclosed 6ft fence does this cancel out the Louisiana statute 14:62.4 in relation to being in a backyard?

There was no gate, no barrier walking from sidewalk into the yard. There was only one dilapidated fence (well under 6ft) seperating the neighbors yard on the east side. So the rest of the property was open. Does this fact nullify Louisiana 14:62.4?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2024

More information is needed to provide a specfici answer----that said, since your post suggests something which already happened and the statute is a criminal statute, I highly recommend that you do not post anything in regards to what happened on a public board such as this-----this cona be... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: can u sue the postoffice

I am something like a whistle blower the town i live in does not deliver mail to u naturally like everywhere else in U.S. so they force you to buy a post office box to receive mail. Upon further investigation i realize that is not legal so bi email the post office and the postmaster get in touch... View More

James L. Arrasmith
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answered on Mar 3, 2024

In the United States, taking legal action against the post office, which is a federal entity, involves specific challenges and procedures due to its governmental status. Generally, suing the United States Postal Service (USPS) is allowed under certain conditions, primarily through the Federal Tort... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Louisiana on
Q: Will Florida issue a CDL license to a licensee with an CDL license suspension in Louisiana for unpaid state taxes?

Please keep in mind, Florida has no state income tax

James L. Arrasmith
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answered on Mar 2, 2024

No, Florida will not issue a commercial driver's license (CDL) to someone who has a current CDL suspension in another state, even if it is for unpaid taxes rather than a driving-related offense.

The Federal Motor Carrier Safety Administration regulates CDLs, and under those regulations...
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1 Answer | Asked in Traffic Tickets and Civil Rights for Louisiana on
Q: License been expired 7 years now last 6 months all of a sudden now they've been suspended

So I got a ticket rope for driving under suspended suspension but I've never done anything to get a suspension so how would it change from expired to expansion without seeing the charge or getting in any trouble

James L. Arrasmith
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answered on Mar 1, 2024

It's concerning that your license went from being expired for seven years to suddenly being suspended without any apparent reason or notification. It's essential to gather as much information as possible about the situation, including any communication or documentation you may have... View More

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