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Louisiana Civil Litigation Questions & Answers
Q: Missed custody court date due to emergency, father granted status by default. How to quickly get before a judge again?
I missed a custody court date in Louisiana due to a medical emergency, during which the father was granted domiciliary parent status by default. I have medical documents to prove my emergency. We had already appeared before the hearing officer, who made biased recommendations in favor of the... View More 
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James L. Arrasmith
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answered on Oct 30, 2025
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answered on Oct 30, 2025
Missing a custody hearing because of a genuine medical emergency is something the court can consider, especially if you have documentation to prove it. In Louisiana, you can file a **Motion to Set Aside or Vacate Judgment** as soon as possible. This motion explains that the default judgment was... View More
Q: Can I be sued for accepting a house gifted by a friend?
A friend wants to donate her house to me instead of her only brother because she feels he hasn't been kind to her. I am concerned about potential legal repercussions. There are no formal gifting arrangements made yet, as we wanted to research before consulting a lawyer. The brother is... View More
Randy Bryan Ligh
answered on Oct 27, 2025
answered on Oct 27, 2025
You can always be sued--it is whether or not the suit has any merit. In this instance, the brother might have some concerns whether or not you are exercising undue influence over your his sister and might seek the court system to rule whether or not any transfer/donation to you is valid. Anyway,... View More
Q: I filed an answer to dismiss a petition on an open account summons. What should I do next without a discovery request?
About 30 days ago, I filed an answer to dismiss a petition related to an open account summons I received. However, I did not send a discovery request at that time. I am seeking dismissal of this action. Since filing the answer, I have not received any responses or additional documents. I am... View More
Randy Bryan Ligh
answered on Oct 27, 2025
answered on Oct 27, 2025
It sounds like you are proceeding without an attorney---and that's your choice---however, I would recommend you have an in person consultation with a debtor attorney to discuss the specifics of your case---that is, proceed with similar to your post but actually have a consult and discuss with... View More
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Child Support, Civil Litigation, Landlord - Tenant, Family Law and Real Estate Law
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Louisiana
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Q: Can my grandma refuse to give me my settlement money from dad's child support arrears? What are my options?
I found out that my dad, who has child support arrears, received a settlement from a wreck. The settlement, intended for me and my siblings, was given in my grandmother's name because she had custody of me until my 9th-grade year. I'm now 22. Despite my asking, my grandmother claims she... View More
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
Under Louisiana law, child support is owed to the custodial obligee (or to the State if assistance was assigned), not directly to the child. If your father’s personal‑injury settlement was intercepted to pay arrears, those funds typically reimburse the obligee for past support and you do not... View More
Q: Charged with aggravated assault; false report, civil rights concern.
I was contacted by my uncle about potential trespassers on his property, and upon arriving there on November 23, 2024, I encountered individuals riding off-road vehicles. I fired my gun into the ground to get their attention and informed them they were trespassing. However, one of the individuals... View More
Randy Bryan Ligh
answered on Oct 20, 2025
answered on Oct 20, 2025
You believe you have 2 cases----(1) the criminal charges against you; and (2) whether or not you have a civil claim against your accuser(s). Some attorneys handle both areas of practices and some do not. Also, you have an attorney representing you as to the criminal charges. As such, I would... View More
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Gov & Administrative Law, Appeals / Appellate Law and Civil Litigation
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Louisiana
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Q: Seeking accountability for interference with a court order by law enforcement agencies in Louisiana.
I believe that the Department of Corrections, Probation and Parole, and the Sheriff's Department have violated a court order related to my case in Lake Charles, Louisiana. I have filed a complaint regarding these violations, but nothing has been done so far. How can I ensure that these... View More
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James L. Arrasmith
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answered on Oct 18, 2025
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answered on Oct 18, 2025
It’s frustrating when agencies that are supposed to uphold the law fail to follow a court order, especially after you’ve already taken the step of filing a complaint. In Louisiana, when a government entity or law enforcement agency disregards a court’s directive, that can be considered... View More
Q: Timeframe to claim items left in my home for 20 months.
I've had a friend's decorative glass and books in my home for 20 months, which she placed and commented looked better in my home than hers. Despite my many attempts to contact her, she only reached out 5 days ago. There was no prior discussion or written agreement regarding these items.... View More
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James L. Arrasmith
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answered on Oct 17, 2025
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answered on Oct 17, 2025
It sounds like you’ve been more than patient, especially after nearly two years of holding onto these items. In situations like this, the law generally considers the property to be **abandoned** if the owner has made no reasonable effort to reclaim it after a long period of time. Since there was... View More
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Probate, Landlord - Tenant, Civil Litigation and Real Estate Law
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Louisiana
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Q: Executor wants to demolish house; I have lifetime interest per will.
My mother passed away in 2011 and named me and two of my sisters as having a lifetime interest in her house through her will. However, my brother, who is the executor, is trying to evict me, claiming he intends to demolish the house. He hasn't provided any legal documents for the demolition... View More
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James L. Arrasmith
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answered on Oct 12, 2025
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answered on Oct 12, 2025
It sounds like your brother is overstepping his authority, and you have every right to stand up for what your mother’s will granted you. If the will gives you and your sisters a **lifetime interest** in the home, that means you have the legal right to live there for the rest of your life, as long... View More
Q: What happens if a party lies about separation length in a divorce case?
In my divorce case, the other party lied about how long we have been apart when applying for divorce. The application was submitted on July 24, backed by documentation, and we have a hearing coming up on October 20. I have witnesses and video records that confirm the true length of our separation.... View More
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James L. Arrasmith
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answered on Oct 9, 2025
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answered on Oct 9, 2025
It’s understandable to feel upset when the other party provides false information in a divorce case, especially about something as important as how long you’ve been separated. In most states, the length of separation can affect when a divorce can be granted or what grounds it’s based on. If... View More
Q: I need help modifying a joint custody agreement due to financial constraints and ex-husband's incarceration.
I am currently facing a significant challenge with modifying a joint custody agreement due to my ex-husband's impending incarceration and issues with financial accessibility to the court system. My children are living with their uncle, along with six other children, after being recklessly... View More
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James L. Arrasmith
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answered on Oct 6, 2025
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answered on Oct 6, 2025
You’re facing an incredibly difficult situation, and it’s understandable to feel frustrated when financial barriers prevent you from protecting your children’s well-being. In cases like this, the court’s primary concern is always the **best interest of the children**, and you have the right... View More
Q: Ex husband attacked me. Domestic battery with strangulation. I now have l5 building disc and PTSD. Want to file tortsuit
He also did $26000 worth of damage to my car. The officer arrested both of us although I was the one attacked and defended myself by punching him in the nose during attack. I need help finding an attorney who would assist in filing a tort suit. I am left with permanent injuries.
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James L. Arrasmith
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answered on Sep 30, 2025
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answered on Sep 30, 2025
I’m so sorry you’ve been through such a traumatic experience. What you describe—domestic battery, strangulation, serious physical injury, and property damage—are all grounds for a civil lawsuit in addition to any criminal proceedings that may be underway. A tort suit would allow you to seek... View More
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Car Accidents, Business Law, Insurance Defense, Civil Litigation and Personal Injury
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Louisiana
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Q: Injured passenger in Louisiana hotshot accident seeking compensation options after almost 2 years.
I was injured in a car accident in December 2023 while a passenger in my fiancé's commercial truck during a hotshot delivery from Texas to Louisiana. A Louisiana driver struck us on the right side, causing neck and back injuries. I've undergone two spinal injections, four weeks of... View More
Tim Akpinar
answered on Oct 20, 2025
answered on Oct 20, 2025
I'm sorry about your accident. The first thing you may want explore is timeliness, since this accident dates back to December 2023. Your new attorney should be able to advise meaningfully on that. The other questions could hinge on the respective liabilities of the vehicles here. Yes, if the... View More
1 Answer
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Construction Law, Civil Litigation, Civil Rights and Real Estate Law
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Louisiana
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Q: Contractor installed moisture barrier without an agreement, threatening lawsuit for payment.
A contractor installed a moisture barrier under my house without any verbal or written agreement, despite my explicit request for only an estimate. The property is in my wife's name, as it was gifted to her by her father. The contractor tried to intimidate us into paying by banging on our... View More
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James L. Arrasmith
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answered on Sep 23, 2025
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answered on Sep 23, 2025
First, do not make any payments or admit liability in writing. Since there was no agreement—neither verbal nor written—you have a strong defense that you never consented to the work. Document everything, including your request for an estimate, any communications with the contractor, and any... View More
Q: How long do I have to store items left by my ex in Louisiana?
I have items left at my home by an ex-partner 21 months ago in Louisiana. I've communicated with him about retrieving the items, but he has refused to collect them. There are no legal agreements or court orders involving these items. How long am I required to store these items, and what... View More
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James L. Arrasmith
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answered on Sep 22, 2025
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answered on Sep 22, 2025
In Louisiana, if someone leaves their property at your home without an agreement, you are generally not obligated to store it indefinitely. The law recognizes that after a reasonable period, the property owner should take action to retrieve their belongings. Since your ex-partner has left the items... View More
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Domestic Violence, Landlord - Tenant, Civil Litigation and Real Estate Law
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Louisiana
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Q: Seeking advice on handling repeated protective order violations and unlawful eviction in court.
I have a protective order against someone who has violated it 8 times, yet he has not been arrested. I am also involved in an unlawful eviction case with this individual. Our court date is scheduled for Monday, the 22nd. I have reported each violation, sought help from another parish, and collected... View More
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James L. Arrasmith
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answered on Sep 18, 2025
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answered on Sep 18, 2025
To make sure your concerns are effectively addressed in court, start by organizing all your evidence clearly. Bring a timeline of each protective order violation, including text messages, call logs, photos, and any correspondence with authorities. Having everything in chronological order helps the... View More
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Consumer Law, Contracts, Civil Litigation, Arbitration / Mediation Law and Real Estate Law
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Q: Seeking legal help for liens from deceptive solar panel loan in Louisiana.
I am seeking pro bono legal assistance for my two homes in New Orleans, LA, due to equipment liens from GoodLeap Solar's deceptive loan practices. I was tricked into signing paperwork for a free solar panel replacement, but unknowingly entered a 30-year loan agreement, even though my solar... View More
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James L. Arrasmith
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answered on Sep 18, 2025
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answered on Sep 18, 2025
You are dealing with liens on your properties due to a loan agreement you did not fully understand, which may have been executed through deceptive practices. Because these liens are UCC-1 fixture filings, they legally encumber your homes until they are resolved or removed. It’s important to... View More
Q: Can I sue a pro boxer for unprovoked assault and public embarrassment in a club?
I was attacked by a professional boxer in a club this weekend, resulting in a black and swollen jaw. No police report has been filed yet, and I haven't received medical treatment. I have information about the boxer. The attack was unprovoked, and I want to sue for assault and public... View More
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James L. Arrasmith
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answered on Sep 16, 2025
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answered on Sep 16, 2025
The first step is to document everything about the incident. Write down exactly what happened, including the time, location, and details of the attack. Take photographs of your injuries, and keep any clothing that was damaged. Even though you haven’t received medical treatment yet, you should do... View More
Q: Am I personally liable for an LLC's civil judgment in Louisiana?
I am the owner of an LLC that has a civil judgment against it, based on information I believe was incorrect. The judgment is solely against the LLC, and I have a pending appeal. My concern is whether I have to personally pay this judgment or if there is a form or procedure that I can use to clarify... View More
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James L. Arrasmith
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answered on Sep 12, 2025
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answered on Sep 12, 2025
If the judgment is entered solely against your LLC, you are generally not personally liable for its debts under Louisiana law. An LLC is a separate legal entity, which means that the company itself is responsible for obligations, including civil judgments, unless you personally guaranteed the debt... View More
Q: Steps to assert interest in property sold at auction in New Orleans with delinquent taxes.
I recently received a final notice letter from the city of New Orleans, dated 09/05/2025, about an adjudicated property sale for a home with delinquent taxes. I am the great-nephew and one of four relatives who received this notice. None of us were aware of the property or its tax issues until now.... View More
Randy Bryan Ligh
answered on Sep 8, 2025
answered on Sep 8, 2025
Contact the contractor and see what your options are to redeem the property----and if that answer is not satisfactory, then contact a property and/or real estate lawyer in the greater New Orleans area to discuss your options---please note that you should move on this quickly as there is a time... View More
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Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law
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Louisiana
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Q: What are my rights if my landlord's brother posted a vacate note without formal eviction and my belongings were destroyed or stolen?
I found a vacate note on my door from my landlord's brother without any formal eviction process. After finding a new place to stay, I returned to find my trailer and belongings, including those of my son and deceased daughter, destroyed or stolen. There was no prior communication or agreement... View More
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James L. Arrasmith
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answered on Sep 2, 2025
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answered on Sep 2, 2025
You had the right to a formal eviction process before being forced out of your home. A landlord, or anyone acting on their behalf, cannot simply post a note and remove you without going through the court. Since that didn’t happen, what occurred is considered an unlawful eviction. That alone gives... View More
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