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Louisiana Civil Litigation Questions & Answers
0 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Louisiana on
Q: Can a dealership sell a car if my name is still on the title? This was after a trade-in and fraudulent sale situation.

I traded in my Kia for a Toyota, and was told there were no accidents on the Toyota, only to find out a couple months later that it had actually been in a moderate accident. I went back to reverse the transaction due to misrepresentation and fraudulent sale, and they had already sold my Kia.... Read more »

1 Answer | 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.

0 Answers | Asked in Family Law and Civil Litigation for Louisiana on
Q: Can a co-owner of a property that is being occupied by another co-owner, enter that residence any time they see fit?

In reference to house inherited by 3 brothers who have conflict with each other. Mother died intestate. The heir who lives in the house, has lived there since 2019. Mother died in 2021. What are his rights in regards to peaceful possession in this situation? Can the other heirs enter his residence... Read more »

0 Answers | Asked in Civil Litigation and Civil Rights for Louisiana on
Q: I worked as a ci and in a case a few years later the procicuting attorney brought it out in court and it was published

The DA Was prosecuting me on a case for a Tex massage and said I was a ci and news paper published it

0 Answers | Asked in Civil Litigation and Civil Rights for Louisiana on
Q: May any agent of the state enter gated and posted private property to issue a subpoena or summons to the premises owner?

16 acres. House is over 120 yards from road. No trespassing sign and gate at entry. Would gate have to be closed and locked?

0 Answers | Asked in Civil Litigation and Small Claims for Louisiana on
Q: What kind of lawyer do I need to sue Take 5? The manager admitted her employees were the ones who ruined our vehicle.

We took our car to Take 5 and apparently the employees were not supposed to take us in if we didn’t have our own filter. They still took us in and thus, apparently they broke their policy. It wasn’t until a month after our car completely broke down and stopped working. I didn’t want to put... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Which lawyer can assist with a small business affidavit in Montgomery County, Texas?

Texas legal aid says I need an attorney in Louisiana. Louisiana says I need an attorney in Texas. Which is it? Is that too complicated? Apparently.

No help. You suck.

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Feb 15, 2023

This question requires additional information for it be answered. Why did Texas Legal Aid say you need an attorney in Louisiana? Did you speak to an attorney in Louisiana? Why did s/he say that you need an attorney in Texas? What does the small business affidavit pertain to? What is the purpose of... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... Read more »

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 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 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.... Read 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... Read more »

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... Read 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... Read 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

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... Read 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, 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.

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... Read 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... Read 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.

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