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Louisiana Civil Litigation Questions & Answers
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 Traffic Tickets, Civil Litigation and Civil Rights for Louisiana on
Q: I need to know how to file a lawsuit for a hardship license in Bossier Parish, LA.
T. Augustus Claus
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answered on Oct 27, 2023

In Bossier Parish, Louisiana, to pursue a lawsuit or legal action for a hardship license, the process typically involves filing specific legal documents or motions with the court. This legal action is usually associated with the Louisiana Office of Motor Vehicles (OMV) for obtaining a hardship or... View More

1 Answer | Asked in Civil Litigation and Traffic Tickets for Louisiana on
Q: Were these passed? 2014 Louisiana Laws Revised Statutes TITLE 32 - Motor Vehicles and Traffic Regulation RS 32:1741

Immobilization Laws on booting.

T. Augustus Claus
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answered on Oct 13, 2023

Yes, Louisiana Revised Statutes § 32:1741, which was passed in 2014, is still the law in Louisiana. It regulates the immobilization of motor vehicles by booting on private property. The law requires that property owners have a written contract with a booting company in order to boot vehicles on... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: What are my rights and what am I able to claim?

Garbage truck damaged my home left me without power for 32 days during the hottest part of the year. They are contracted through our police jury. Both have agreed the garbage company is responsible. Still waiting to be reimbursed. I had to get a loan on my car to get it fixed I have now los my car... View More

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

If you have not consulted/hired an attorney then that's what you need to do as apparently what you have done thus far has not resulted in the results you seek. Use the Justia Find a Lawyer tab and search for accident or litigation lawyers in your area---call a few---many may offer free... View More

2 Answers | Asked in Civil Litigation and Energy, Oil and Gas for Louisiana on
Q: Entergy has butcher our Trees by line they destroyed some of my property can I hold them financial responsible ?

I have pictures of the damage and the Tree cutters

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A Louisiana attorney could advise best, but your question remains open for two weeks. Electric utilities usually have the right to remove foliage and other vegetation for safety or access reasons with their equipment. An attorney would probably want to know additional details in answering your... View More

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: People that pay us every month for deceased parents property want to tear down and sell and it not even theirs yet!? Hel

Please they plan on doing it Monday...how can they do this

John Michael Frick
John Michael Frick
answered on Jun 18, 2023

If title to the property is not in their name, they most likely have no legal right to tear down a structure on the property. If title to the property is in your name, you likely have standing to enjoin them from tearing down the structure.

Seek the services of an experienced real estate...
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2 Answers | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: I fell on a loose grate Ana public golf course and fractured my knee . Should the golf course have had me to fill out

An accident report .

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

Yes, it probably should have. While there is no legal requirement that you comply with such a request, it is certainly advisable for a property owner like a golf course to request that you fill out an accident report as soon as possible after an incident like this to make a record of what happened... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for Louisiana on
Q: Went to court on an unpaid debt. Creditor was granted judgement. I called the creditor to set up payment plan and they w

will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... View More

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Which lawyer can assist with a small business affidavit in Montgomery County, Texas?

Texas legal aid says I need an attorney in Louisiana. Louisiana says I need an attorney in Texas. Which is it? Is that too complicated? Apparently.

No help. You suck.

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Feb 15, 2023

This question requires additional information for it be answered. Why did Texas Legal Aid say you need an attorney in Louisiana? Did you speak to an attorney in Louisiana? Why did s/he say that you need an attorney in Texas? What does the small business affidavit pertain to? What is the purpose of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Constitutional Law for Louisiana on
Q: Some placed this (V2K) Technology on me unknown to me of when or how. Can I hold someone responsible for all loss plus?

I'm stuck with the torture of V2k applied to me some how unknown to who,how ,when or where it's been put on me. There is a group of 8 people in Nevada who has been awarded $80,000,000 to help them through this v2k as it's by far a terrorist act in my opinion. Is there any way in... View More

James L. Arrasmith
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answered on Feb 24, 2024

While you may feel that you're experiencing the effects of V2K technology, proving its existence and identifying those responsible can be challenging. It's crucial to seek assistance from legal professionals experienced in handling complex cases involving technology and privacy issues.... View More

Q: Hello my name is Damian . So I was a public housing commissioner .

I showed up for a meeting on Thursday to find out I was terminated without notice and for reasons that are false .The mayor said he and the city council voted to remove me on July 6,2023 .

James L. Arrasmith
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answered on Jul 11, 2023

This may be a violation of your rights, as public housing commissioners are entitled to due process before being terminated. You may want to request a copy of the meeting minutes from July 4, 2023, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for Louisiana on
Q: Need advice to see if I have a case and if so what do I do
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

Use the Justia Find a Lawyer tab and search for lawyers in your area who practice in the subject matter you are seeking---contact a few of them for a consultation----some you contact will provide a free first meeting/consult. Good luck.

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