Lawyers, Answer Questions  & Get Points Log In
Louisiana Business Law Questions & Answers
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 Business Law for Louisiana on
Q: Can a bar renew license after a church moves in 40ft away?

A local restaurant is being denied a license permit due to is proximity to a church 140ft away, however a bar is 40ft from the church building and they allow it to remain open without issue.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2022

More information is needed to respond to your question. A lot of times there are locations which are grandfathered in and thus, allowed to remain open without issue.

1 Answer | Asked in Business Law and Contracts for Louisiana on
Q: I want to obtain and LLC for scrap metal recycling and a dismantlers license. What should i do?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 28, 2022

Not certain of your question --is it your want to purchase an existing LLC or you to form a LLC? That said, whichever it is, what you should do is start by meeting a business/corporate attorney to make sure whatever it is you want to do is in your best interests. If you are forming an LLC, is the... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 9, 2021

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Louisiana on
Q: Does this law apply to reinstated HOA? We had our HOA reinstated with no vote by a self elected board after 7 years.

HOA was dissolved in 2013. Now new self elected president wishes to enact rules. Most of neighborhood does not know HOA was reinstated. It was revealed only on an nextdoor web app. Question is in reference to RS 12.1-1444

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

I would advise that one first looks at the covenants and restrictions of the subdivision and see whether or not a HOA was initially discussed. If there is no mandatory HOA, then I would think the property owners would not be subject to the HOA. Further, you may want to consider consulting/hiring... Read more »

1 Answer | Asked in Criminal Law, Business Law, Gaming and Gov & Administrative Law for Louisiana on
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?

I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 30, 2021

Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest.

1 Answer | Asked in Business Law and Consumer Law for Louisiana on
Q: Will I lose my liquor license because I accidentally sold to a minor?

I was working overtime and that is when I was set up by undercover cops. I read the I.D month wrong and thought the invalid date was correct.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 12, 2021

Depends on your location and if this is your first offense. My suggestion is that you contact a few criminal defense or an administrative law attorneys in your area, set up a consultation, ask your questions and then decide if you want to hire a lawyer (you should) or try to handle this on your... Read more »

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: i need an affidavit but im not sure what its called can you help? i just need to know the name

I was just employed by a start up company and they want me to get an affidavit saying that I am the only one who has claim to any business information. for example if I were to get married and then divorced my spouse could not have any of my shares in the company

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 11, 2021

Short version is that you and/or your employer should hire a lawyer to properly draw up all of the paperwork you are discussing/seeking. It would seem that your employer would have an interest in doing this because I assume that there may be additional person(s) --whether employees or business... Read more »

1 Answer | Asked in Business Law for Louisiana on
Q: Are LLCs required to register with the Secretary of State as a business, and file annual reports?
Sye J Broussard
Sye J Broussard
answered on Mar 2, 2021

If the LLC has been formed in a different state and is conducting business in Louisiana, then the LLC needs to register as a foreign LLC with the Louisiana Secretary of State. Once the LLC is registered, it will need to file annual reports.

1 Answer | Asked in Real Estate Law, Contracts, Copyright and Business Law for Louisiana on
Q: I need advice about a premium domain I purchased
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

Contact with an attorney to understand your rights and risks.

In general a domain does not assure any trademark rights.

1 Answer | Asked in Business Formation and Business Law for Louisiana on
Q: In the forming of an LLC, does an equal capital contribution mean both members get 50% of the shares?

In the forming of an LLC, the OA stated the shares are valued at 1% for $300. One member was supposed to pay $15,300 for 51% and the other member $14,700 for 49%. BUT each submitted $15,000 cashier checks. Is it still 51%\49% or is it 50-50 by default?

Barbara Berschler
Barbara Berschler
answered on May 20, 2020

The amount of money one contributes to a business startup does not determine the relative share of ownership by the investors. There can be other factors considered, such as time spent on project, know how, which can weigh into the computation. If you have any questions about fairness at this... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... Read more »

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

View More Answers

1 Answer | Asked in Business Law, Contracts and Criminal Law for Louisiana on
Q: What is the Louisiana criminal code for theft of service?

The owners agreed to pay for my painting services then stopped payment on the check when the job was finished. They stopped payment on a $19,000 check.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 30, 2019

Contact the District Attorney's office for bad checks.

1 Answer | Asked in Business Formation, Business Law and Contracts for Louisiana on
Q: I’m currently making my own business, but before I start I want to be able to protect myself legally. I need advice.

I’m from Louisiana and I need advice on contracts/ liability forms. If I should have commercial insurance before I even think about actually starting my business.

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2019

It would be difficult for a Louisiana attorney to advise you on that, given the basic question-answer format of this board. You should think about contacting a Louisiana attorney and setting up a consultation. The forms you mention could depend on your business. Some forms are standard templates;... Read more »

1 Answer | Asked in Business Law for Louisiana on
Q: is it against to law to override the price of milk, formula, eggs, ex. If the store has them displayed for wrong
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2019

It would depend on the state of mind with which it's done. If it's done without deceitful intentions and as a reasonable measure to rectify an honest pricing error, it would generally be acceptable.

Tim Akpinar

1 Answer | Asked in Banking, Business Law and Civil Litigation for Louisiana on
Q: Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18 -cv-09296 In 08/08/2019

Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18-cv-09296 In 08/08/2019 around 10:30 am Trina Williams ticket #G59 matters of jurisdiction zoning went through intake process waiting again United labor and wage for name to be called at off SSA 115 terry... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 8, 2019

Your question makes no sense. Ask someone to write it for you.

1 Answer | Asked in Business Law, Contracts and Employment Law for Louisiana on
Q: Is a verbal contract legal between a general contractor and sub contractor.

Labor work was completed by myself (sub-contractor) between 60-70 days ago and general contractor has not paid me. General contractor says he doesn't have the funds to pay me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 11, 2019

Yes.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Federal Crimes for Louisiana on
Q: FALSE Restraining orders filed to prevent collection of small business property ($10000>/=)after unlawful eviction

My business partners EX girl filed false restraining orders after stealing our shops safe with titlework for roughly 8000$ of vehicles and keys, then filed FALSE restraining orders on my business partner and i, in order to prevent collection of the vehicles themselves and our shop tools after... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 10, 2019

Hire an attorney and don't respond to her messages.

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 Criminal Law, Business Law and Gov & Administrative Law for Louisiana on
Q: I have the same situation with the disqualification from FNS two years ago. background check is active disqualification

How can I remove “active disqualification” to “inactive or expired”? The FNS says it will not have a bearing on my job hunting. When I get an interview, the background check came back racketeering and active disqualification.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 8, 2019

Hire a juvenile court attorney quickly. You have 365 days before they put your kids up for adoption.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.