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Louisiana Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation and Consumer Law for Louisiana on
Q: Can someone file LSARS9:4501 if only a verbal agreement was made for auto repairs and I paid $20k over agreed amount?

I bought a Bronco years ago and my uncle verbally agreed on $14k for full restoration.  Nearly 3 yrs and $34k later, I realize that I am being taken advantage of. I decide to pick up my Bronco and have no further work done.  The work is poor, the paint is covering decades of dirt, and the engine... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 28, 2019

An attorney would have to look at the contract, suit and invoices.

1 Answer | Asked in Civil Rights, Consumer Law, Family Law and Landlord - Tenant for Louisiana on
Q: Widow and 2 kids kicked out of a house by dead husband family w/o eviction notice !!! Legal or not in La ?

Not sure if Will was in play

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 15, 2019

A great deal more details needed. Consult with an attorney.

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Q: I was lied to during the purchase of the car I just bought. I point blank asked the seller if it flooded and he said

Absolutely not! After paying tax title license n doing several repairs along with getting new tires after an almost fatal blowout, I get a notice saying it's been flooded n I can't get a license plate which also means I can't get an inspection sticker. I can't drive a car I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 31, 2019

Hire a lemon law attorney

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on
Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Consumer Law, Contracts and Banking for Louisiana on
Q: How can a dentist draw $32k in my name? “Without” me seeing contract from lender (signing). terms, conditions, interest

Informed in dentist office the paper work signed only pre qualified me. Did not know an active loan was in place until payment reminder came in mail from lender. Every “TILA” law was crushed in this whole process by said Dentist office and said lender. Both are working in conjunction against me... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 23, 2019

Assuming that you had the expensive dental work done the written documents you signed allow the dentist and the creditor to collect the money you agreed to pay from you; it doesn't matter what you were told before the procedure. If you are unhappy about the interest rate, contact a Louisiana lawyer.

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Someone took out a title loan that I am cosigner on but the loan company did not require my signature. Legal?

I did not know about the loan put on the car but I am part owner and they did not ask for my signature.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 7, 2019

If the title to the car is written the same way most are, the two owner names are either unconnected or are separated by the word "or" which in either case means the car is owned equally by the owners. If so, then each owner can sell the car, or possibly take out a loan against the car;... View More

1 Answer | Asked in Consumer Law and Child Support for Louisiana on
Q: Is a state child support agency liable under FCRA requirements for credit reporting? Can I sue if they won't fix error?

Dealing with child support enforcement agency in Louisiana. The order is an out of state order. Only Louisiana, where I currently live, is reporting on my credit. But they are reporting incorrect info and details. I have filed dispute with the CRA as required by FCRA. Support Enforcement... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 23, 2019

You need to file something in court to have the amount they're alleging as arrears changed, if they refuse to do so voluntarily.

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Sold motorcycle 4000tofriend 500down500every2 weeks paid2 timesnow he in jail I have title how do I repo it backbeen 6 m

Been 6 months now

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

If you have the title--and if it is still in your name only--there is no need to "repo" the bike. If the title is already in your friend's name you will have to take appropriate steps to repossess it.

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on
Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on
Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

I was fighting citi mortgage for over 5 years with a dispute in my modification sign contract, the contract states in full detail that I had a full year before their could Do any changes to my sign contact . Before a month was up they raise it, I refuse to pay it, and they foreclosed and we went to... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 8, 2018

If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal... View More

1 Answer | Asked in Consumer Law and Criminal Law for Louisiana on
Q: If the police never received a statement of theft before you were released with a summons are the charges dropped?

Significant other was arrested for skip scanning stuff at Wal-Mart and transported to the police station. The officers let her off with a summons due to no previous criminal history and never recieved a statement from Wal-Mart before releasing her. Does this mean the charge of "theft under... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 5, 2018

No that has no effect on the charges

1 Answer | Asked in Consumer Law and Family Law for Louisiana on
Q: Good Morning, My husband is in the process of doing a mortgage and I have debt that was acquired before marriage.

According to Civic Code 2363 my obligations can be separate from him, correct? 2nd part of my question is ....Is a prenup required in order to enforce CC2363?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 27, 2018

Well you are already married so you can't do a prenup. But you can do a post nup. Contact a family law attorney.

0 Answers | Asked in Civil Litigation, Business Law, Internet Law and Consumer Law for Louisiana on
Q: Would someone help me with this? Can you sue a company for sending emails to you after you have ask them to stop?

My wife and I are getting about 10 emails every 3 days from a security company. I sent them both our emails and ask them to take us off the email list and tell their affiliates to stop also. They emailed me back and said it had been taken care of. We are still getting the emails. What can we do? We... View More

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Q: Do I have to sign an authorization first before work can be done to my vehicle?

I left my car at a body shop for an estimate that I have yet to receive. I called to check in with the owner and he was supposed to call me back with the estimate. It's been two days and I haven't heard anything. I haven't authorized any work to happen because I haven't been... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Generally no. But don't let grass grow.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on
Q: Can our policy be cancelled during litigation when all premiums have been paid?

Our church is being sued for a "trip and fall" and our policy has been cancelled for "failure to maintain our building". But no one has come to investigate the situation at all. it is as if the insurance company is taking the plaintiffs word on the matter. I am very frustrated.... View More

David Alan Wolf
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answered on Aug 24, 2017

You should consult with an attorney. It is odd that the insurance company is cancelling the policy for failure to maintain the building. Typically, policies are challenged by the carrier if there is a misrepresentation or a failure to pay the premium. There may be a way to force the insurance... View More

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released
Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

The storage was responsible for my belongings, I've lost everything I own for me and my three kids. I'm mentally out of it right now. I just lost my mom and brother which is hard enough, now this. I need help as to how to proceed with a law suit.

Christie Tournet
Christie Tournet
answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability.... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

$500 for what he says is 2 hours of work. How do I get my money back like he originally stated ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 26, 2017

A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can... View More

2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on
Q: Cartoon series called "The Ratman Chronicles". I buy the domain name - "www.ratman-chronicles-toys". Will I get sued?

I'm working to sell children's toys online as an affiliate marketer of Amazon.com. I am trying to determine if I'm legally allowed or permitted by The Ratman Chronicles authors/owners to feature the same words as are in the TV series title itself as a part of my domain name I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2017

The domain name I believe is OK. Thre rest of it is murky and you'd really need to get some advice to avoid major issues.

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1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on
Q: Does Louisiana law require drivers to carry collision and comprehensive (full coverage) on a leased vehicle?
Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 30, 2016

I am not sure if Louisiana law requires it but I am willing to bet the rental car agency requires it as a condition of renting their $15,000+ vehicles, in case you wreck it. Most people do not have $15,000+ lying around and the rental car agency is within its rights to protect itself and its... View More

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