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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Louisiana on
Q: My husband's truck was stolen and documents were taken to a notary public and were signed with out him being there.

When we contacted the notary public she said she made an honest mistake where do we go from there? She even signed and affidavit stating it was a mistake on her behalf.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 24, 2022

Make a criminal complaint with the Sheriff and then go to Motor Vehicles

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Louisiana on
Q: if a person doesn’t get any information from someone during a wreck and let’s you leave without including the cops can

they later on try and file a report if they figure out who it was?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Yea, you are not in the clear yet.

2 Answers | Asked in Consumer Law and Civil Litigation for Louisiana on
Q: Can I motion to open a default judgment case?

My wife was served for a court case for a debt to republic finance LLC, the manager called my wife and they came to terms to repay unsecured loan. My wife asked if she needed to go to court and the manager stated " not as long as you make your payments". A default judgment was set against... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

If this happened les than 1 year ago, your attorney may be able to file a Petition to Annul the Default.

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: Can I be held liable because my mom was visiting my house when the incident occurred?

My mom was visiting my house when she let her dog out of her vehicle without a leash to go inside but her dog ran over to my neighbors yard and an incident occurred between my moms dog and my neighbors dog who was also not on a leash. The police and animal control were called and my mom and my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 8, 2022

It wasn't on your property and it wasn't your dog. If yiur neighbor does sue you, your homeowners insurance will provide a defense.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Health Care Law for Louisiana on
Q: I need to revoke power of attorney but don’t remember the date it was initiated how can I remove it without the date

It’s in Alexandria Louisiana and the person who it was given to will not tell me the date and are miss using the powers acting on my behalf I have the paperwork to file but I do not have the original date of the initiation can I proceed without it even if it ask for the initial date on the form ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 26, 2022

File a Revocation with the Clerk of Court and request service on the person to whom you gave the power of attorney.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Louisiana on
Q: What can I expect to happen at the hearing officer conference after being accused of kidnapping my daughter?

My ex has not let me see or speak with my daughter in weeks since he was awarded temporary custody even though the court order says I'm allowed visitation. She called me frantic the other night telling me she ran away and was far from her house. In a panic, I raced there and picked her up. We... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2022

Hire a custody lawyer immediately.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: I need to file a motion for new trial in orleans parish civil court

I need representation to file the motion for new trial. Judge says I cannot represent my business.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't know what the question is.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What to do If a motion was filed to place proceeds from selling of a home into the courts registry?

No court date was set after initial hearing officer meeting. The title company never received the motion and split the proceeds in to two separate checks.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

Contact your divorce attorney immediately

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: my catalytic convertor was stolen at the dealership, what can i do

also after picked up my truck, the electrical system was messed up. none of gauges was working

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2021

Get written estimates and file a claim with the Justice of the Peace.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 9, 2021

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

1 Answer | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: Hello, is there a law that protects mentally unstable more specifically schizophrenic people from harassment.

I know the law states “without invitation” but if the person has serious mental issues how are they able to offer invitation? And the person they contact continues to accept call and repeatedly continues to tell them things that triggers them to have episodes

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 26, 2021

Stay on your meds and block the number.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I am being sued by Road Home in reference to their Elevation Incentive Grant. The time to pursue has expired.

I have documentation that details the timeline of their communication with me. I cannot act as my legal defense. I need pro bono or reduced fee legal defense.

.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

Contact the local bar association or the Louisiana State Bar association and ask them for contact information for a pro bono or modest means program.

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Louisiana on
Q: Does this law apply to reinstated HOA? We had our HOA reinstated with no vote by a self elected board after 7 years.

HOA was dissolved in 2013. Now new self elected president wishes to enact rules. Most of neighborhood does not know HOA was reinstated. It was revealed only on an nextdoor web app. Question is in reference to RS 12.1-1444

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

I would advise that one first looks at the covenants and restrictions of the subdivision and see whether or not a HOA was initially discussed. If there is no mandatory HOA, then I would think the property owners would not be subject to the HOA. Further, you may want to consider consulting/hiring... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Is there a plausible case for a woman to sue me for a wreck?

Car wreck due to hydroplaning. My car started to hydroplane on the interstate because of sudden extreme rain. I was unable to see because of the rain and therefore unable to maintain control of my vehicle. My car went in a circle twice while going off the side of the road. I did not slam my breaks.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 25, 2021

Anything is possible. Please report this accident to your insurance company----if the makes a claim against you, then provide her your insurance information.

3 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Louisiana on
Q: Is it criminal or civil? I have a friend who is accusing me of not giving him a refund of 800 dollars for some shrimp.

I DONT own a business but I do know of people in the seafood industry and at time I am able to get great deals. I had a friend who wanted shrimp but he changed the order at the last minute and I had to cancel it. I gave him his 850 dollars cash back but now he is saying I didn't pa him back. I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 25, 2021

It can be both. If your supposed friend contacts law enforcement and makes some sort of allegation that you committed a crime against him----theft of money is a crime---and the law enforcement officer issues you a summons or arrests you, then you are in the arena of a criminal matter, which must... Read more »

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1 Answer | Asked in Contracts, Civil Litigation and Constitutional Law for Louisiana on
Q: What can someone2 do?

If someone1 sold their property to someone2 , and someone1 went to the judge and said that someone2 had stole property ??

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 26, 2021

Get a criminal attorney.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Louisiana on
Q: My parents won a large settlement on my behalf from when I was a child and they never told me about it.

In 1985, a suit was filed in the 15th judicial district, Lafayette, La. It doesn’t say what the outcome was. I know I had a mutual fund that was demutualized I was told. I was also told that a $21,000 check was mailed to me a few years ago but I wasn’t the one to receive it. Any assistance... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Also check unclaimed money under State of Louisiana--if they mailed you a check and no one got it the money might be sitting there. Even better, find out from the court who represented you--what attorney. They should be able to tell you the details.

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