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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Probate for Louisiana on
Q: What is my recourse for stolen property that has little/no intrinsic value (ie. journals, photos, etc)?

After my wife passed away, her mother obtained all of my wife's journal's, photo albums, and clothes. She now states they have all been destroyed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

File a sheriff's report for theft.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Employment Discrimination for Louisiana on
Q: Say you worked as a ASM in retail and your boss has placed her finger in your face in front of other managers and racist

She only hollers at the black men in front of customers and has a problem keeping her fingers to her side at black men and she always calls us aggressive when she is always the aggressor and corporate knew about it and

She admitted that to the DM

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

Consult with an attorney for an EEOC complaint.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Is it legal to discipline an officer for not achieving an expectation in a specific type of traffic citation?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 26, 2021

Need more detail to answer your question.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Our neighbor has big trees at our property line. Tree limbs fall a lot and damage our property - are they responsible?

We are in Texas.

The trees are several feet into their property but are large and poorly maintained… if at all. Over the past few years, their tree limbs have fallen and taken out a section of our fence, a neighbor’s fence and powerlines (which also run in that area) which caused the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 20, 2021

1) you can have a tree company cut down any branches that extend over the property line.

2) You can file suit for ant damages in justice of the peace court.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: written contract states abide by the laws of Delaware. I live in Louisiana. Which statue of limitation would apply?

Contract was written in Delaware. It states, "This agreement shall be governed by the laws of the state of Delaware without regard to any principle of conflict of laws that would require or permit the application of the laws of any other jurisdiction." Which statue of limitations would... Read more »

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

On these type questions, which are rather specific and usually leave out pertinent facts which are really necessary to properly answer the question, I recommend that you contact a lawyer in Louisiana who practices in the subject matter of the dispute and seek a consultation to discuss your matter... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: A contractor poured cement in my driveway ;taped it off my neighbor child stepped in it and left foot print. Need a case

A contractor poured cement in my driveway; taped it with Caution tape. My neighbor child ran in the cement while it was wet and messed my driveway up left foot prints. I had to pay to redo it. I ask my neighbor to reimburse me. He refused and said it was not his fault. So I have filed a suit again... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 25, 2021

File suit in justice of the peace court for the repair if it is under $5000. You need to have taken pictures and the driveway needs to have been blocked off. Your neighbor is 100% responsible for the actions of his minor children.

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My ex husband has not lived at my address for 5 1/2 years he got arrested and has my address on his information can he?

Is it against the law for my ex husband that he not lived at my address for more than 5 years to use my address when he is booked into jail I called the jail last time he was booked in and told them I done the same this time as well and it has not been taken off. People are after him because of the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 20, 2020

No it is not illegal. You can't make him use another address.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Louisiana on
Q: My husband signed a roof contract and is now unemployed due to Covid-19.

The company would not provide a quote and contacted the insurance company directly to receive our information about our claim. I did not sign the contract and do not agree to the terms. They will charge $3500 to cancel the contract. He is unemployed due to Covid and is now unable to fulfill this... Read more »

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

If you and your husband did not sign the contract, then it's not your problem. You don't explain how the insurance company is involved.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Louisiana on
Q: Problem with neighbors nuisance dogs and local law enforcement won't help.

This has been going on for 2 years. They bark incessantly day and night. I can't enjoy being outside during the day and I can't sleep at night without earplugs, headphones and a fan, and usually that isn't enough. I've kept recording of the barking, of when I call the police... Read more »

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

You can file suit with your justice of the peace and call animal control.

1 Answer | Asked in Child Support and Civil Litigation for Louisiana on
Q: Do I have to show up to court for a motion to make an administrative change (clerical error) to the date?

The hearing officer made mistake in reference to the date, the DA indicated it was just an administrative to change the date. No changes to the substance.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2020

I would say no. But you should have called yesterday to find out for sure.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My roommate has physically harmed me, and she works for the apartment complex. The complex will not terminate my lease.

I need to end my lease early because I am in an unsafe environment, but my apartment complex will not let me. Is there a way for me to get out of the lease?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 20, 2020

File a Petition for Protection against your roommate.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Explain law concerning a relative who was visiting for a funeral and staying at the deceased home but refuses to leave?

My mother recently passed. My brother and I let my estranged son and his family stay at her house because they had no money for hotel. They a pretty much nomadic. They have been there for 3 weeks and we have been telling them to leave for at least 2. We want to start renovations on the house. The... Read more »

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

I have no idea where this officer invented a 3 day rule. Go file a criminal complaint of trespassing and going where forbidden. Wait until the family goes out and change the locks. Put their belongings on the curb.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can I sue my ex boss for looking at my chart/medical records, and disclosing my information to her employees?

My former boss owns a doctors office, and I found out that she went through my chart/ medical records and and discussed that information with her employees

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

If you can prove it and can find an attorney to take your case, this was a HIPAA violation.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Louisiana on
Q: I and living in my childhood home, with my dad. I help and pay utilities and food. Me and my dad. He also rents thre

Other rooms upstairs. He wants me to move out. he called the cops one time and they said he would have to evict me. Now he is saying he is signing the house over to my brother who doesn't like me this evening. The IRS has a 187000000$ lien on the house. Can he do this ?

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

If you are over the age of 18, and not disabled, you need to find another place to live. Either your father or your brother can simply lock you out or evict you.

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: I am in Louisiana my Dad died without a will and mom is still alive. My family wants my brother to be executor I don’t

My father had inheritance from his parents. My family wants him to be executor and I don’t trust him. He has drawn up paperwork for us to sign and file to make him executor. My question is if I sign this paperwork does it waive my right to open succession at a later time? We don’t have a good... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2020

Do NOT sign anything he presents to you. Hire a Successions attorney and open the Succession yourself.

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... Read 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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