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Louisiana Civil Litigation Questions & Answers
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.

Q: How do I file a stay away order for protection order of some sort Also have an exparte order overturned

My kids paternal aunt just doesn’t like me& has repetitively&continuously been calling child services making false reports of abuse or neglect since 2018 July 2019 after a long battle with child services I was granted custody of my children Dad visits every other Saturday. July 2019 to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 29, 2020

You need to quarantine for 2 weeks and get 2 negative covid tests. Then hire a custody lawyer.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What is the statue of limitations for armed robbery in the state of Louisiana
Imtiaz A Siddiqui
Imtiaz A Siddiqui answered on Aug 25, 2020

this question should be in the criminal law category, not civil litigation.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My small business is being sued in a frivalouis lawsuit and I want to file a response myself. Is there a form for this?
Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Louisiana attorney could answer best, but your question remains open for two weeks. There are template "answers" out there. But I don't recommend using a ready-made form if the matter at hand is important to you. Your response needs to address the items raised in your... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What does the Louisiana law state about wearing masks and concealed carrying

All that I can find on the situation is that it normally would not be illegal, but that the state can change this at any given point in time. Since the mask mandate all I hear is it is illegal to conceal carry and wear a mask which rightfully makes sense if you wear the mask to hide your identity .... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 13, 2020

Apples and oranges. One does not affect the other.

2 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: As a witness would a recorded over the phone deposition be void if never sworn in and only talked to lawyer
Stephen Rue
Stephen Rue answered on Jun 28, 2020

The question s too vague to be answered to your satisfaction. Do you have a lawyer, if so talk to your lawyer. If not call a lawyer with more information.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Ive been harrassed by a business owner which turned into hate crime? Can I sue.

This man has an extensive background and im truly afraid for my life so much Im moving out of my home of 7 yrs and have contacted the FBI

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 21, 2020

Yes you can sue for monetary damages.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: what is a preliminary default
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2020

If one is about to be taken against you, you need to hire a lawyer quickly to prevent it. If your lawyer is about to take one against the other side, say thank you.

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