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Questions Answered by Robert Martin Louque Jr

1 Answer | Asked in Landlord - Tenant for Louisiana on

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

I am staying with a friend who is renting a home but with no lease or contract, something in that area so pretty much, he was the original renter so I don't pay rent. I only paid one month cause my friend didn't have the money. But the landlord does not write him receipts showing that he pays... Read more »

Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Louisiana on

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

Robert Martin Louque Jr answered on Aug 19, 2016

No, not until the time period for registration has passed.

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on

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

Which divorce law should I file under

Robert Martin Louque Jr answered on Aug 19, 2016

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on

Q: If someone has 3 counts of aggravated assault with a firearm what would be the most time they are looking at

Robert Martin Louque Jr answered on Aug 19, 2016

10 years per count. See LSA-R.S. 14:37.4

1 Answer | Asked in Child Custody and Family Law for Louisiana on

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

Her school is closed indefinitely. I went get my daughter out of the flood 5 days ago. She has her own room and comes every other weekend and 7/7 for summer. She asked about the school near my home. I talked to principal and being she is here from a devastated area , our parish is waiving usual... Read more »

Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Divorce for Louisiana on

Q: Can I get a 6 month legal separation

Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Collections and Small Claims for Louisiana on

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

Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Foreclosure and Bankruptcy for Louisiana on

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

Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Social Security for California on

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 ?

What if a family member, son, daughter, grandchild, or friend is living in another is ill and you have to go there ? What if a storm makes the roof leak or you have to fix mold damage ? What if the car won't pass smog and needs 900. worth of done to pass, but you can't afford to buy another car ?... Read more »

Robert Martin Louque Jr answered on Aug 13, 2016

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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on

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

Robert Martin Louque Jr answered on Aug 13, 2016

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... Read more »

2 Answers | Asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana on

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?

Lawsuit in 2003, 1999 truck repossessed in 2004, default judgement in 2003..Revived judgement in 2012 & wage garnishment after my wife (married 2012) in 2015 for community regime . Claims to not have sold vehicle for collateral .. Is this legal ? I ordered a car fax & vehicle was sold less than 45... Read more »

Robert Martin Louque Jr answered on Aug 21, 2016

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... Read more »

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2 Answers | Asked in Civil Litigation, Communications Law and Legal Malpractice for Louisiana on

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

I obtained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day to answer. Me not knowing she gave such permission went on the record and obtained judgment. Opposing attorney is now filing for a vacate judgement so what are my legal grounds I... Read more »

Robert Martin Louque Jr answered on Aug 19, 2016

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...
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2 Answers | Asked in Family Law for Louisiana on

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?

I have a child support credit judgment for $15k signed in 2010. Recently, I received a child support arrears judgment $10k Jan 2015. We went back to court Sept 2015 to get the credit applied to the arrears but instead of me getting a net credit of $5k, a new judge said I now owe $15k in arrears.... Read more »

Robert Martin Louque Jr answered on Sep 4, 2016

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... Read more »

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