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Questions Answered by Jacob Rennick
1 Answer | Asked in Real Estate Law for Louisiana on
Q: Say we've been living here 43 Years my self since I been born my mother was born here

So my question is canI apply for adverse possession

Jacob Rennick
Jacob Rennick answered on Apr 29, 2022

Several factors go into obtaining title via adverse possession. Certainly you are over the time period required by Louisiana Law, but if the actual owner has given you permission to live there, you will not likely prevail. You should speak to an experienced real estate attorney that can evaluate... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do I go about filing contempt of court against my ex wife?
Jacob Rennick
Jacob Rennick answered on Apr 29, 2022

You should speak with an experienced Family Law attorney. You have to file a rule for contempt—this is typically done in the jurisdiction in which your original pleadings were filed. It’s pertinent to note that in order to prove contempt, there must be a willful violation of an existing court... Read more »

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1 Answer | Asked in Estate Planning for Louisiana on
Q: If you write your will don't you need a few witnesses. And how if that form said to be in format of any kind
Jacob Rennick
Jacob Rennick answered on Jan 18, 2022

If the will is handwritten, you do not need witnesses. There are, however, other requirements that must be met in order to ensure the will is valid. It's best to speak with a succession attorney.

2 Answers | Asked in Uncategorized for Louisiana on
Q: Can I sue a finance company for charging double the amount for a vehicle. I can explain better with a phone call.

I co-signed for my son a car at the price of $12,400. The car was purchased January 2020 with $1000 down toward it, notes are $410.64 but he still has four more years of payments. This is truly unjustified, unfair and ridiculous. I need guidance on what to do and who to contact to help.

Jacob Rennick
Jacob Rennick answered on Jan 18, 2022

Not likely. There are usury rate laws lenders need to follow, but there are so many loopholes for them that I find it common for my clients to have 20+% interest on car loans. There could also be hidden fees and upcharges that upped your principal balance.

You should speak with a...
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2 Answers | Asked in Bankruptcy for Louisiana on
Q: What does a motion to lift stay and for abandonment mean in a chapter 7 bankruptcy mean.
Jacob Rennick
Jacob Rennick answered on Jan 18, 2022

A motion to lift is filed by a creditor to take the collateralized debt out from under bankruptcy protection. Chapter 7s allow you to designate how you are to treat a specific secured debt in your statement of intent--you can surrender the collateral, reaffirm the debt, or redeem the property.

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1 Answer | Asked in Uncategorized for Louisiana on
Q: I was in a domestic dispute nearly two years ago and tried to get my boyfriend to leave the home. I called the police,

but the police took his side and threatened to arrest me if I called them again. I was also told as long as he received mail here, he was a resident. I was told my landlord could have him evicted. He tried but we both got the runaround and Covid-19 restrictions came into place by time we finally... Read more »

Jacob Rennick
Jacob Rennick answered on Dec 13, 2021

Yes, your landlord can move to evict him only. If your landlord is willing to help, have them meet with a real estate attorney to make sure they are following proper eviction procedure, otherwise your boyfriend could have a potential wrongful eviction suit.

The Louisiana eviction...
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3 Answers | Asked in Bankruptcy for Louisiana on
Q: I'm unable to make payment on a chapter 13 bankruptcy. What can happen?

I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?

Jacob Rennick
Jacob Rennick answered on Dec 27, 2021

Reducing your bankruptcy depends on a couple of factors. Unless your initial bankruptcy plan had you paying unsecured debts due to an income liquidation issue, you may only be able to reduce your note by surrendering secured collateral.

There are also Covid exceptions to extend plan...
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2 Answers | Asked in Child Custody for Louisiana on
Q: How long does someone have to be resident before being able to set up custody agreement.

My children were recently moved from one state to another and I want to establish a new custody order in their new state.

Jacob Rennick
Jacob Rennick answered on Oct 27, 2021

With some exceptions, it takes 6 months to establish jurisdiction in Louisiana. A relocation motion should be filed prior to moving out of state or beyond 75 miles (again, Louisiana law--other states may have different requirements for relocation).

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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: What is my best course of action against my apartment that has neglected to take action for repairs of A/C and mold

My apartment has been without an A/C for 3weeks+, there is mold everywhere, the ceilings are leaking terribly due to hurricane IDA and my leasing office tells me they will fix the air but I have been there without anyone attempting to work on my apartment for the whole time and the place is... Read more »

Jacob Rennick
Jacob Rennick answered on Sep 28, 2021

Repairs will be delayed due to the hurricane. You could likely get out of your lease without penalty, or your landlord may decide to give you given discounted rent due to the inconvenience. If you are trying to get out of your lease talk to an experienced real estate/contract attorney.

2 Answers | Asked in Animal / Dog Law for Louisiana on
Q: What can I do to get help with incessantly barking dogs at night?

This has been going on for over 2 years. Speaking to the owners, repeatedly, and having to call both the Glenmora Police Department and Rapides Parish Sherriff's Department Subsation in Glenmora, repeatedly, has not brought any relief. I'm a disabled veteran on chemotherapy and being able... Read more »

Jacob Rennick
Jacob Rennick answered on Sep 28, 2021

You could possibly file a nuisance suit against your neighbor--this will depend on what is contained in your city ordinances. Talk to an experienced civil attorney in your area.

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1 Answer | Asked in Consumer Law for Louisiana on
Q: Im currently in a debt management program. One of the credit cards listed in the program had me severed with legal paper

Should I responded to the clerk of courts or should I let the debt management company take care of the issues or should I contact the lawyer that had me severed with the papers and try to make a settlement.

Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

Unfortunately this is not uncommon for people dealing with debt management companies. You should discuss this with an experienced bankruptcy attorney. The filing of a bankruptcy may prevent the credit card company from obtaining a judgement against you.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Do I need an attorney for a cash sale of land in the state of Louisiana?

Can I use the Cash Act of Sale form on uslegalforms site

Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

You do not need an attorney, however, it is highly advisable to employ an experienced title attorney to ensure that your sale does not have a clouded title. The cost of hiring an experienced attorney now can save you a lot of money later if you end up in litigation down the road based on an... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can a tenant break their lease and demand deposit back after the area is hit by a hurricane (Ida)?

The tenant contacted me at the beginning of the month and broke their lease with 2 months remaining. They cite the hurricane as the reason. There is damage to the property and mold has developed as there has not been any power in the area since Aug. 29th. Can they break the lease with no... Read more »

Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

Check the terms of your rental contract. Often lease contracts will automatically terminate if a natural disasters damages the leased premises beyond a livable state.

Even if there isn't a natural disaster provision in your contract, you can still get out of your lease, but proper...
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1 Answer | Asked in Contracts for Louisiana on
Q: My husband and I purchased a vehicle with him as co-signer. Can I trade in the vehicle?
Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

Yes, whoever you do the trade-in with will likely require both you and your husband's signatures.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I was involved in MVA in 2008. It left me disabled. I did get a first time offenders pardon, but I need am expungement.

It will cost me $2100.00

I get SSD of $1400.00. I have my daughter and her 3 children living with me and I simply don't have the money. But without an expungement, I can't get a decent paying job.

Thanks

Jacob Rennick
Jacob Rennick answered on Sep 23, 2021

Expungement costs are not set by the court so the total fee you are charged can vary attorney to attorney, however there are set court fees that can be pricey. You can seek to proceed with the expungement in forma pauperis, which may reduce the court fee itself possibly giving you a break on the... Read more »

2 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: I have a daughter we share custody. And I have a question.

Her father has a crazy work schedule and it changes often. I am not working and I am available 24/7. I am willing and able to keep her on all the days he works and he can have her any day he’s off and he is available to have her. But he wants to do one week he has her and one week I have her and... Read more »

Jacob Rennick
Jacob Rennick answered on Sep 24, 2021

You need to abide by the current custody order, if you would like to change this contact an experienced family law attorney to pursue modifying the custody agreement.

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2 Answers | Asked in Divorce for Louisiana on
Q: Filed Divorce: 5/2018 (pursuant to LA Civil Code Article 102. Default Judgment denied: 4/2019

The motion was denied even though the parties were separated even before filing for the divorce. The court's reason was "a 102 divorce cannot be taken by default".

What should my next step be in order to get this divorce finalized?

Jacob Rennick
Jacob Rennick answered on Sep 23, 2021

Yes, I agree with Ellen. In Louisiana you are entitled to a no-fault based divorce under Art 102 or 103 and can get default judgments under either article. More than likely you left out a step required to finalize the divorce.

My experience has been that judges are a little more finicky...
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