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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Louisiana on
Q: How to enforce judgment for awarded money in civil suit?

I was awarded money by a judge from a civil suit, but I don't know how to get the other party to pay me. I haven't contacted them yet. They own a roofing company in Dallas. The judgment did not specify a deadline or instructions on how payment should be enforced. I'm considering... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 22, 2025

It is not the Court's job to tell you how to collect the judgment, but you are on the right track. Since the judgment is entered in Louisiana but your defendant is in Texas, you will need to make the Louisiana judgment into a Texas judgment. The way that you do that is to hire an attorney in... View More

2 Answers | Asked in Foreclosure, Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: How can I regain my property after a foreclosure and pending court actions?

How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 15, 2025

There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More

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2 Answers | Asked in Probate and Civil Litigation for Louisiana on
Q: Can I sue my brother, the estate executor, to sell our mother's house?

I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 24, 2025

I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair... View More

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1 Answer | Asked in Collections and Civil Litigation for Louisiana on
Q: Can I appear in court anytime within 10 days after service without risking default?

I received a petition today stating that I owe $6,904.62 plus 8.25% interest, 25% attorney fees, and costs. There's no original judgment date mentioned. Can I appear in civil court anytime within ten calendar days after service without risking a default, or should I go as soon as possible? I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2025

The Petition is the vehicle which starts the process to obtaining a judgment against you. The citation attached with the petition should tell you how many days you have to respond (or Answer) the petition before the petitioner may seek a default judgment against you----based on your post, it... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: How to file non-domestic restraining order in Louisiana?

I am seeking to file a non-domestic restraining order in Louisiana against my roommate's girlfriend due to incidents of physical assault and battery, as well as threats and verbal altercations. I am currently in the process of pressing charges and have filed a police report. How do I proceed... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 14, 2025

You might be able to find this online on the local Clerk of Court's website of the parish you reside. Or you can call the local bar association and see if they can provide the direct information. Anyway, you need to seek a protective order which is the same as one would seek in a... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Louisiana on
Q: Concern about power of attorney and home donation.

I am concerned about a situation involving a power of attorney. My mother, who has dementia, signed a power of attorney document that she could not comprehend. Currently, my father holds power of attorney over her. My nephew, who has power of attorney over my father, was donated the family home... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 14, 2025

How should you approach it? I think you and the relatives on your side should immediately consult an attorney to discuss the specifics and determine options and the best way to proceed at this time. While you may decide against formal legal intervention, you at least should have a legal... View More

1 Answer | Asked in Civil Litigation, Contracts and Family Law for Louisiana on
Q: My father passed in May. He was given documents to sign which was a marriage license less than a week before he died

my father had stage four lung cancer and was heavily medicated the last month of his life. I found out recently that he was not married in a ceremony of any kind but marriage license was signed and turned in less than a week before he passed away and his I’m not gonna call her wife is trying to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. Although some questions on this forum sometimes go unanswered, you could try reposting and including "Probate" and "Estate Planning" as categories.... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: What does this mean in La.R. S. 48:491 D.

What does the last sentence of this mean ? D. Notwithstanding any other provisions of law to the contrary, any road or street used by the public is a public road or street provided it is designated as such by the local governing authority, and it shall be within the discretion of the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 9, 2024

More context is needed or we are guessing what information you are exactly seeking, however, my guess is that the local governing authority has a map and/or a list of roads/streeets it identifies as public----and all are public roads with the exception being if any of those roads identified--or... View More

3 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: I am being sued and need to file an answer. Can I hire an attorney to only do this? I live in Alexandria,LA
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 9, 2024

You can----whatever you do, please know that if once you have been served then you have a short period of time in which to respond to the lawsuit so make sure you are counting your days. Use the Justia Find a Lawyer tab and search for a lawyer in the subject matter of the lawsuit to assist you.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Probate for Louisiana on
Q: When my dad died I had his original will leaving everything to me. Then a neighbor lady said he had done a new will

But the neighbor could not produce tje original. But I was told by attorney the he did the new will and that will was valid even though no original was produced! So I walked away leaving her his estate. Now almost a year later she has filed criminal charges against me saying I stole her original... View More

T. Augustus Claus
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answered on Feb 9, 2024

In Louisiana, the situation you describe involves complex issues of probate law and potential criminal charges. If a new will was mentioned but the original could not be produced, and an attorney advised that this new will was valid despite the absence of the original document, the legal basis for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Louisiana on
Q: I am a Louisiana resident who's landlord put everything i owned in the home outside without an eviction notice.

My landlord first began to harass me almost daily by coming to my home just walking in not knocking or anything and asking who was there and why are they there. Then on Christmas Day there was an incident involving her niece that I was trying to help. She went a little crazy by breaking my 55"... View More

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry to hear about your difficult situation. In Louisiana, landlords are required to follow specific eviction procedures, and it seems like your landlord's actions were not in accordance with the law. It's crucial to document any evidence of her entering your home without... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Louisiana on
Q: I was molested in the second grade at Meaux Elementary School. I believe it was 1985. How can I civilly sue him?

My second grade teacher noticed that my behavior indicated that I was being abused. I am 44 years old now so I believe it was 1985. I was under the impression that John Bell Edwards made it possible for people that were abused and wasn't compensated nor was the abuser punished to get a chance... View More

James L. Arrasmith
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answered on Jan 30, 2024

I'm very sorry to hear about the abuse you suffered. You have a few options to potentially seek justice and compensation in this case:

1. File a civil lawsuit against the abuser. In Louisiana, you generally have 30 years from the date you turn 18 to file a lawsuit seeking compensation...
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1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: What do I do if my brother forged my deceased brother's name to a will? He also has done other things illegally.

There is 3 estates involved. My Dad my brother & my sister who passed. The will has been denied 2 times before the court & is now before the appellate court. He also sold his car, turned his truck over to their Mom & cleaned his bank account out. The so called will is just a note my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More

2 Answers | Asked in Business Law and Civil Litigation for Louisiana on
Q: Is appropriating someone's name, image, or likeness unlawful?

I know that plaintiff can seek damages for the nonconsensual use of their name, image, or likeness through a right of publicity claim. I want to ask if it is unlawful. This is because about 7 entities appropriated my name, image, and likeness in their videos. They did it separately and they did it... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, the nonconsensual use of someone's name, image, or likeness can indeed be considered unlawful, especially in the context of a right of publicity claim. This right is designed to protect against unauthorized commercial use of an individual's persona.

If you've...
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3 Answers | Asked in Car Accidents and Civil Litigation for Louisiana on
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have

I am broke and do not have the money to file this and don't know what to do on the cost

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 20, 2023

Contact the Clerk of Court where the suit was filed/pending and tell them what you said here and ask if they have a "motion for in forma pauerpis" form for you to fill ou which is an application with the court to allow you to file your paperwork without having to pay your court costs and... View More

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1 Answer | Asked in Criminal Law, Banking and Civil Litigation for Louisiana on
Q: Stolen 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 Dec 15, 2023

In your situation, where a friend has allegedly stolen your car following a title loan agreement, it's essential to take immediate legal action. The details you've provided suggest possible fraud or breach of contract, especially given the sudden change in the repayment amount and the... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Louisiana on
Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?

I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 9, 2023

Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Louisiana on
Q: Beneficiary seeks court action to compel fiduciary for accounting due to embezzlement proof.

I am the beneficiary of a trust, and I have solid proof that the fiduciary is embezzling from my estate. She has refused to provide trust documents or an accounting. What form or legal action can I take to file with the court to compel her to produce these documents and provide an accounting?

Anthony M. Avery
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answered on Apr 20, 2025

Hire a LA attorney to sue trustee for breach of fiduciary duty, conversion, etc.

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Louisiana on
Q: Can a parent be held accountable for their child's sexual assault in Louisiana?

In Louisiana, can a parent be held accountable if their 9-year-old child allegedly sexually assaults another child? Law enforcement is involved, and the case is currently under investigation. No charges have been filed as yet, and the parents are cooperating with the investigation.

James L. Arrasmith
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answered on Apr 16, 2025

In Louisiana, a parent is generally not criminally liable for their child's independent actions, including an alleged sexual assault, unless the parent directly participated in, encouraged, or enabled the act. However, parents can face civil liability under certain circumstances if it is shown... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Louisiana on
Q: Do I have a civil case against a dealership for poor workmanship on auto repairs and inconvenience?

I had warranty work done on my 2023 Nissan Rogue at a dealership, involving the replacement of an EGR valve. The workmanship was poor, resulting in coolant depletion and further damages estimated at over $2500. I've documented all communications and assessments from another dealership... View More

James L. Arrasmith
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answered on Apr 16, 2025

You purchased covered warranty work, which creates an implied promise that the dealership will perform repairs in a competent, workmanlike manner. When a warranty repair fails and causes over $2,500 in additional damage, you have grounds to assert breach of contract and negligent workmanship... View More

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