Questions Answered by Robert Martin Louque Jr

Q: Staying with a renter who allowed me to stay without landlord permission no lease

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
If there is no lease that means your friend is on a month to month lease. The landlord cannot physically make your friend remove you from the premises but what the landlord can do is issue a 10 day notice to vacate the premises and if your friend does not leave after the 10 days expires, bring him to court and ask a judge to make him leave.

You do not really need a reason to evict a tenant in a month to month lease other than "i do not want to rent to you anymore."

Q: Can a sex offender have his name removed from the registry if he feels his life is in danger because of it?

1 Answer | Asked in Civil Rights and Criminal Law for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
No, not until the time period for registration has passed.

Q: Domestic violence is what has led my marriage to end . No children . Charges pending against spouse. divorce law to fil

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
You can obtain an "immediate divorce" based on Louisiana Civil Code Article 103(4). You still have to prove the violence occurred (even if he does not answer the divorce papers). It may be best to have a lawyer handle this case.

Q: I have joint custody of daughter , ex wife is custodian who just lost home and whole community is devastated by flood.

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
In most cases, a judge is not going to change custody over a natural disaster. If there are other circumstances you may be able to change custody but a judge should not change custody over the current historic flooding because it simply is not the mother's fault. As the domiciliary parent, she has a right to demand you did not put the daughter in school where you live.

Q: Can I get a 6 month legal separation

1 Answer | Asked in Divorce for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
Louisiana does not have a mechanism where you are declared "legally separated" anymore. If you have already been separated for 6 months and you have no children, you can petition the court for a divorce. If you are looking to be divorced and you have no children you can file a different type of divorce now and then 6 months after your spouse is served, ask the court for a divorce, if you have no children.

You have children with your spouse the waiting period becomes 12 months except...

Q: How much does it cost to have an attorney represent me in a suit over a debt (New Orleans area)?

1 Answer | Asked in Collections and Small Claims for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
It usually depends on the amount you are being sued for and the court in which you are being sued. It can be as low as $600.00 and as high as $2,000 or more not including the court costs. Every attorney has a different fee structure. Some will charge a fixed fee and some will charge an hourly fee.

Q: what are the laws on fileing bankrupcy after foreclosure pprocedures have started

1 Answer | Asked in Foreclosure and Bankruptcy for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
You must file your bankruptcy before the sheriff's sale if you are trying to save your home. Louisiana does not really have a right of redemption once the house is sold at sheriff's sale (it exists but only if the bank is the purchaser and there are some unusual additional circumstances). If you looking to save your, a Chapter 13 is your best option.

Q: I need to know why a portion of ssi back pay can't be saved for emergencies ? What if there are house or car repair ?

1 Answer | Asked in Social Security for California on
Answered on Aug 13, 2016
Robert Martin Louque Jr's answer
SSI is needs based and has strict asset and income restrictions. It might not be right that a person with SSI cannot save for a "rainy day," but that is how the law is written. You can be completely and totally disabled but if you do not qualify for SSDI and you have too many assets or too much household income, you do not get SSI.

Q: In Louisiana does a landlord forfeit the deposit if he goes past the 30 days? Did not break lease, was at will tenant.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 13, 2016
Robert Martin Louque Jr's answer
Security deposits are the one of the biggest disputes between a former landlord and tenant. If a tenant complies with all the terms of the lease, especially the required notice when they are moving out, and delivered the leased premises back to the landlord in the same condition in which the tenant received it, then the former tenant is normally entitled to his security deposit back from the landlord.

The tenant has to send a written demand for his security deposit back and let the...

Q: I was sued ifor over $24,900 for a $5,100 loan (estimate) A vehicle was repossessed for collateral in 2003. Is it legal?

2 Answers | Asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana on
Answered on Aug 21, 2016
Robert Martin Louque Jr's answer
It may have been a $5,100 loan but you may have owed much more by the time the vehicle was repossessed because of interest and late charges. The repossession costs are also added to the bill. Attorney's fees are typically added to that amount but even considering all I am having a hard time seeing where the amount got to nearly $25,000 without seeing the actual judgment itself.

A judgment can be revived every 10 years so there is no statute of limitations (we call it prescription)...

Q: tained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day

2 Answers | Asked in Civil Litigation, Communications Law and Legal Malpractice for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
You have no legal grounds to stand on. Your attorney gave the other attorney a professional courtesy that is very common. I deal with lawsuit on old credit cards where I defend the consumer and we are routinely given additional time to answer if we ask for it.

You will not win any legal malpractice lawsuit.

Q: I have 2 judgments by 2 different judges for back child support for my son for the same time 2010-14. Is this possible?

2 Answers | Asked in Family Law for Louisiana on
Answered on Sep 4, 2016
Robert Martin Louque Jr's answer
It's hard to tell but it sounds like you had a child support judgment entered against you for $15,000. Then the court found you continued not to pay after you got that judgment, and then another judgment for $10,000 was entered against for not paying child support from the time of the first judgment to the time of the second judgment.

I actually see this a lot. Person ordered to pay child support does not pay, judgment entered against them. Then continue not to pay, another...

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