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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Louisiana on
Q: My cousin has posted an add in public newspaper stating Notice given

.....become the administratix of the succession of my grandfathers property. How do I summit the correct opposition to stop her.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

You need to hire a wills and trust lawyer.

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: I was ordered to pay money back in a civil case. A fake reciept produced by me was included in this money. If i dont pay

Can they use this reciept to file criminal charges. Even though it was ordered in civil court

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 3, 2019

Yes that is fraud and you can be charged. You are advised to get a loan and make good on the judgment.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for Louisiana on
Q: What is a possible sentencing or punishment for a first offense on domestic violence/child endangerment law?

There was a domestic violence act between a man (the offender) and woman in the household, a child was around and got hurt unintentionally.

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

Exposure depends on the injuries to the victim.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can I be compensated for property damage if sheriffs were pursuing a driver who ran into my car

I did not have insurance on my car, it was parked at my residence

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2019

Yes you can file a claim against the parish.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I lease a trailer to a trucking company, after breaking the contract with nonpayment for the past three weeks, I went to

Repossess it and it has cargo on it can I still repossess my trailer

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

You need a landlord/tenant attorney.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What kind of lawyer do I need to hire for property damage? I took my vehicle to Express oil and they installed wrong oil

Filter, which caused my engine to blow.Insurance company is trying to say negligence on my part for driving with oil light on. Car was taken back to oil company next day and they admitted wrong filter was installed, put new filter and oil . How does the portion of negligence get determined if... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2019

You could contact a consumer law, business law, property damage, or general civil litigation attorney and ask them if the matter you describe falls within their scope of work. Keep in mind that this type of case might not necessarily be handled on a contingency or flat fee basis, but rather, an... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Louisiana on
Q: I sold a side by side to a guy that lowballed me on the value of the unit. He gave me 13,000 but I owed the bank 16

I haven’t paid it off because we were dealing with custody battle, my husband was laid off and we just haven’t had the money. We know both have jobs and are going to pay either the guy back or the bank, whichever I guess at this point. But I just was told he is going after me for theft. I... Read more »

Gary Kollin
Gary Kollin answered on Aug 15, 2019

No way

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: My son has been in jail since June 6. He hasn't been arrainged yet. How long can he be held before seeing the judge?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 11, 2019

His criminal attorney can bring this to a head more quiclly.

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: If the opposing party declines a request for a continuance does that mean it won’t get granted?

The opposing party has denied a verbal request for a continuance can I still file one and hope it goes through? Because if not I don’t have an attorney for my divorce case on the 26th. My legal aid attorney dismissed me last week due to a pending criminal case with my ex husband so I wouldn’t... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 9, 2019

It can get continued even if it is opposed.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: In Forma Pauperis form for Louisiana

On the In Forma Pauperis form for Louisiana the list your monthly expenses part is That pertaining to my home and expenses shared with my spouse prior to me moving out or my current expenses?

If I’ve reached out to the opposing party legal team to see if a continuance would be accepted... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 9, 2019

On the pauper application you would list your current expenses. If you haven't received an answer to your request for a continuance, you should try and follow up with the attorney. If you still don't get a response, file a motion to continue and indicate your efforts to get their consent and their... Read more »

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 Civil Litigation for Louisiana on
Q: Signed closing for lot 2, with promise, no other Home can be in the lot next to me, now they are putting one in, Help me

When I purchased this property, 168ft across, 5 acres deep. I was told I was on lot 2. We signed closing docs saying we lived on lot 2. I asked a number of times, ensuring that the lot in between me and my neighbor would not have another manufactured home placed on it. I was ensured many times,... Read more »

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

Hire a real estate attorney

1 Answer | Asked in Criminal Law, Traffic Tickets, Child Support and Civil Litigation for Louisiana on
Q: Hi my aunt contacted me today saying a sheriff had papers in his hand looking for me. Is this a subpeona
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 8, 2019

There is no way of knowing whether you are being served civilly or whether this is a criminal warrant.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What kind of lawyer do I need to hire for property damage? I took my vehicle to Express oil and they installed wrong oil

Filter, which caused my engine to blow.Insurance company is trying to say negligence on my part for driving with oil light on. Car was taken back to oil company next day and they admitted wrong filter was installed, put new filter and oil . How does the portion of negligence get determined if... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 6, 2019

City court in Morgan City has jurisdiction up to $15,000. Find a general civil practice lawyer.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: took my Audi A3 to Express oil and they put wrong oil filter and it blew my engine, ins company is claiming negligence

Louisiana civil code 2323 . Do I need a lawyer?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 6, 2019

Yes you need a lawyer and can sue.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Louisiana on
Q: How to be heard in the court room. The judge has not let me or my lawyer speak in court? Is that allowed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 4, 2019

Why aren't you talking to your attorney, who knows the circumstances?

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: Does the 1 year deadline to make a claim when fraud is involved begin upon discovery of the fraud ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 31, 2019

Yes the clock starts to tick at discovery.

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 Civil Litigation and Contracts for Louisiana on
Q: My ex boyfriend who is also on the lease refuses to move out and to pay rent. He now just got a dog which is not allowed

He is aggressive and violent as well but no domestic violence has been filed on my part. What rights legally do I have to get him out?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 17, 2019

You have equal rights to the leased property without a court order based on domestic violence. Either move and notify to our landlord in writing that he has a dog and is violent, or file a protective order.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: if im the beneficary of a life insurance poilcy can they take that money if i have a judgment or lein against me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 30, 2019

Yes. The creditor simply files a Stay requesting that the proceeds of the policy be deposited in the registry of the court. Then executes the lien.

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