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Louisiana Small Claims Questions & Answers
0 Answers | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Louisiana on
Q: Does 40:2402 "Peace Officer", include Deputy Constables who are Sworn and Commissioned by the LA Secretary of State?

Some LA Parishes have elected Constables who employ trained and commissioned Deputies. They are tasked with enforcing primarily Civil JP adjudications, which can turn criminal in an instant.

1 Answer | Asked in Small Claims for Louisiana on
Q: how do i file a motion for a judgment debtor rule in lake charles la?

I have a judgement for 5000 and I am trying to seek payment. How do I type up a motion for a judgement debtor rule or is there an online form I can use?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 26, 2024

My suggestion is that you at least consult with a lawyer to see what you need to do and the best way to accomplish it. That said, you can also call the court in which you want to file the judgment debtor rule and ask it if it has a form to provide you.

1 Answer | Asked in Small Claims for Louisiana on
Q: if i owe someone some money, and I offer to pay, but that person refuse the money, do I still have to pay that person
Tim Akpinar
Tim Akpinar
answered on Jul 21, 2024

A Louisiana attorney could advise best, but your question remains open for a week. Maybe you don't, but it would be helpful to know additional details. If they released you from making a payment in writing, that would make things simpler if the money was related to a debt or similar setting.... View More

1 Answer | Asked in Small Claims for Louisiana on
Q: If a so called friend borrowed 400 dollars for their vacation in 2021 but everytime I ask for money back they have a exc
Tim Akpinar
Tim Akpinar
answered on Jun 27, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. It looks like you already know the options from the category you posted under. For these types of settings in most states, it's small claims. Good luck

1 Answer | Asked in Small Claims for Louisiana on
Q: what forms are used to sue a company in small claims court in new orleans. Thanks

I am sueing Metro PCS for providing false information to an elderly person and elder abuse. I purchased a phone from metro pcs in september i was put on the acp program a week later i was taken off the program stating that the program was a promotion for 7 days. I called metor pcs to get my phone... View More

James L. Arrasmith
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answered on Jan 18, 2024

To sue a company in small claims court in New Orleans, Louisiana, you'll need to start by obtaining the appropriate forms. These forms are typically available at the local courthouse or can be found on the court's website. In New Orleans, this would be the Orleans Parish Civil District... View More

1 Answer | Asked in Small Claims for Louisiana on
Q: Borrowed $600 from loan company 8 years ago.Can I be sued legally in small court in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 22, 2023

A true answer would require more specific information as to the details of the loan and what happened afterward. Short general version is that the creditor has 3 years to sue on an open account andc 10 years to sue on a contract. The period in which to sue can be interrupted and reestarted if a... View More

1 Answer | Asked in Small Claims, Contracts and Criminal Law for Louisiana on
Q: Did a title loan with a friend and they ended up stealing my car.

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, it's important to take immediate action. First, review the agreement you made with your friend. This document will be critical in determining your next steps. If the terms have been altered without your consent, or if there's any evidence of deceit or fraud, this can... View More

1 Answer | Asked in Identity Theft, Contracts, Criminal Law and Small Claims for Louisiana on
Q: Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone... View More

Jason Thomas Olivier
Jason Thomas Olivier
answered on Nov 21, 2023

Obviously, this is an issue of fraud and conversion. But without seeing the agreement, there is not enough information. You definitely need to hire a lawyer.

1 Answer | Asked in Small Claims for Louisiana on
Q: When given a ring from significant other how is it determined whether or not it is conditional?

My boyfriend gave me a ring, not engagement ring, but after we split he demanded it back, reported it stolen, and says it was conditional. Threading civil & insurance lawsuits against me. What do I do?

T. Augustus Claus
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answered on Oct 18, 2023

If boyfriend gave you ring, but not engagement ring, and then demanded it back after you split, he may claim it was a conditional gift. If you have evidence to suggest it was a gift of love and affection, you may have a case to argue it is an unconditional gift. For personalized legal advice... View More

1 Answer | Asked in Small Claims and Collections for Louisiana on
Q: I was never served papers for a judgement ona vehicle loan via court and they started garnishing my wages is that legal

I also have a letter from the company stating that I had been cleared from any judgement or Lein on the vehicle

Joel Gary Selik
Joel Gary Selik
answered on Jul 26, 2023

Based on these facts you may have a valid lawsuit against them. Consult with collection defense attorneys.

You may want to review the court file to see how they claim you were served and file a motion to set aside the judgment.

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Small Claims for Louisiana on
Q: so the child has to turn 18 to sue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... View More

1 Answer | Asked in Small Claims for Louisiana on
Q: Are punitive expenses not considered when a Walmart claim for bad oil change?

Oil change part was cracked, oil spilled out and oil engine light came on. They only will rreimburse service to fix car and tow. They will not compensate for time without vehicle or the factory took nine months to settle.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 7, 2022

Punitive damages are allowed in Louisiana ONLY under specific circumstances and the circumstances you described is not one of those. You are entitled to general damages and special damages if proven although it is extremely rare to recover general damages as a result of damage to property. You... View More

1 Answer | Asked in Criminal Law and Small Claims for Louisiana on
Q: What is the law in Louisiana about someone who is spreading sexual transmitted diseases?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2022

Criminal law: A crime to knowingly transmit AIDS

Civil law: Liable for knowingly transmitting SDT. Have to prove prior diagnosis, no other source of transmission, and damages.

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... View More

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: my catalytic convertor was stolen at the dealership, what can i do

also after picked up my truck, the electrical system was messed up. none of gauges was working

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2021

Get written estimates and file a claim with the Justice of the Peace.

1 Answer | Asked in Landlord - Tenant and Small Claims for Louisiana on
Q: Can I sue a landlords homeowner insurance for stolen motorcycle
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 17, 2021

Anyone can always sue but the real question is whether or not you have a good chance to recover. You do not indicate whether or not you have filed a claim against the homeowner insurance, but if not, I recommend you do that first (and immediately) and see what position the homeowner insurance... View More

1 Answer | Asked in Family Law and Small Claims for Louisiana on
Q: Can my ex husband obligate my daughter & grandkids 16 & 11 myself to leave house after hurricane IDA ?

Ex husband house has electricity and running water , its safe and secure , my grandson has asthma and my daughter and i have health conditions

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 7, 2021

If your ex husband bought the house before you were married or after you were divorced you have no right to squat in his home. However, if the home was purchased during the marriage, you are a co-owner.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

1 Answer | Asked in Small Claims for Louisiana on
Q: can I sue if someone renege on an agreement in which I invested $8500?

No written contract only verbal agreement. Financial records text messages emails to support claim

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 7, 2021

You (anyone) has a right to file a lawsuit----you go to the Clerk's office, present them the suit and pay the fees and you have sued. The more important issue is whether or not you are able to obtain a judgment against the defendant? In order to do so, you have to show that the law is on... View More

1 Answer | Asked in Civil Litigation, Lemon Law and Small Claims for Louisiana on
Q: A vehicle from an individual last year I need advice it's a how do I go about suing this individual for not producing

Some more details of it is I purchased a vehicle from a man I got title and registration under my name but everytime I try to get in touch with this individual for him to give me the car he hangs up on me he's done he ducking and dodging my phone calls I do not know another way to go about... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 2, 2020

Hire an attorney to file a suit for conversion.

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