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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Louisiana on
Q: What does the Louisiana law state about wearing masks and concealed carrying

All that I can find on the situation is that it normally would not be illegal, but that the state can change this at any given point in time. Since the mask mandate all I hear is it is illegal to conceal carry and wear a mask which rightfully makes sense if you wear the mask to hide your identity .... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 13, 2020

Apples and oranges. One does not affect the other.

2 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: As a witness would a recorded over the phone deposition be void if never sworn in and only talked to lawyer
Stephen Rue
Stephen Rue answered on Jun 28, 2020

The question s too vague to be answered to your satisfaction. Do you have a lawyer, if so talk to your lawyer. If not call a lawyer with more information.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Ive been harrassed by a business owner which turned into hate crime? Can I sue.

This man has an extensive background and im truly afraid for my life so much Im moving out of my home of 7 yrs and have contacted the FBI

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 21, 2020

Yes you can sue for monetary damages.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: what is a preliminary default
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2020

If one is about to be taken against you, you need to hire a lawyer quickly to prevent it. If your lawyer is about to take one against the other side, say thank you.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Identity Theft for Louisiana on
Q: Is it legal to register someone else for a race and run with his bib number to make it appear he was there?

My husband’s co-worker has made numerous bizarre untrue allegations about my husband to disrupt our marriage. We found out she registered him for a race, picked up his packet and her packet and ran with both to make it look as if they ran the race together. My husband was working in a project... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 15, 2020

It is not illegal but does sound like a fatal attraction.

1 Answer | Asked in Civil Litigation and Real Estate Law for Louisiana on
Q: I own my trailer but its on my aunts land. shes never asked for rent or had lot lease agreement

also whats my legal rights being here for 10 yrs now can she forbid my visitors

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 9, 2020

Call a real estate attorney to find out what steps you need to take to protect yourself.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can my siblings force me to surrender money from a joint account held by my mother and I if the will says divide assets
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 2, 2020

It depends whether it was an "either/or" account or whether it was an "and" account. Hire a successions attorney.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: Look for a lawyer in Baton Rouge that can help with a case like this just got served paper bye US Marshall
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

Have no idea what kind of case this is

..other than federal. You need to supply more information.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 25, 2020

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: 94 year old mother in need of care Daughter has supplied It all under La Rev Stat 13.4731 can son b held responsible?

Mother’s son is professor of literature with wife who also works No young children I, the daughter, pay for everything for years Son refuses to help claims he is financially unable can he be legally made to help his indigent mother too?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 22, 2020

I would recommend that you hire an attorney to do an interdiction and then file a Petition for Support.

2 Answers | Asked in Civil Litigation and Consumer Law for Louisiana on
Q: Hello! I have an expired medical judgement in the state of Louisiana. It was never renewed or any collections attempts.

Hello! I have a question about expired judgements. I have an expired judgement in the state of Louisiana. It was never renewed and no collection attempts. It was 15 years ago. I am attempting to purchase a home this year and want to know if expired judgements will affect the home buying process and... Read more »

Sye J Broussard
Sye J Broussard answered on Apr 6, 2020

If the judgment is over 10 years old and was not reinscribed then you can file an affidavit with the clerks office to have the judgment cancelled. Our office handles residential closings and have handled similar issues with no problem.

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1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Federal Crimes for Louisiana on
Q: Hi what are the statue of limitations on bank fraud in Louisiana?

Someone called saying they were from a law firm about an online loan from I think 2007... I know for a fact I never applied for an online loan but they said the money went to my bank account. I have been dealing with different companies regarding this one loan for about 5 years now and none of them... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

1) Make a criminal complain about your Aunt with the Sheriff's Office & print any proof you have of it. Get a copy of the charges you file.

2) Shut down any accounts she had access to.

3) File reports with any banks at which fraudulent transactions occurred and get copies...
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"?

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: In Louisiana, Please explain this Code of Civil Procedure: 1921 -Art. 1921— regarding interest allowed by the Judgment
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 4, 2020

Interest can be awarded to the prevailing party from the date of judicial demand.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: ex mother in law towed 3 vehicles after I moved out of my trailer on her property. We agreed I would get them today.

We agreed this weekend my daughter & boyfriend would tow cars to new property. After agreeing, she got mad my daughter wouldn’t let my grandson stay the night because the boyfriend of her grandmother was sick and perverted. Taking pictures in women’s clothing and baby diaper and sending to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2020

Write an itemized list of what is missing and go to the Justice of the Peace and file a Petition for Conversion. Remove anything she hasn't taken and MOVE.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: A Motion of Discovery was submitted on 12/20/2019 and the Date of Trial set 3/4/2020. How may days before trial are my

My motions are granted?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 3, 2020

Can't tell what you are asking.

Do you mean a Motion to Compel? Ser when?

Trial is set for 4 Mar 2030 or the Motion to Compel is set for that date?

You need to call your domestic attorney or get one.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I received a $500.00 civil demand letter from a law firm representing a major retaile in response to a non-felony thief.

Ref Louisiana Statute 9:2799.1 Do I need to pay or can I ignore?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2020

Wete you criminally prosecuted? Wete you ordered to pay restitution? Was the merchandise or funds recovered.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I was sued by a creditor. I filed an answer. No court date was ever set. I just received a judgement letter. Why?

I was served correctly. I filed the answer in a timely manner. Months went by. I called to inquire about my court date at least 3 times over those months. No court date was ever set. 7 months later, I received a default judgement signed by the judge. How could a judgment be given without a court... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 17, 2020

Your attorney needs to file a Petition to Annul.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: If not represented how does one respond to interrogatories, production of documents? Can I get an extension to respond?

Can any be objected to based on relevance such as employment, medical records, medications, household expenses if community assests have not be used to pay expenses and an no requests have been made to alter original judgement?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2020

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