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Louisiana Collections Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Collections for Louisiana on
Q: Received a Citation-15th Judicial District Court (studentloandebt) What do I do if can't pay in full to dismiss my case?

I received a Citation and being sued by my university for not paying my debt in full. It mentioned in the docket letter that I must pay in full amount (about 6k) which I do not have in my bank account. There are no other option of repaying my debt other than in full if I wanted my case dismissed.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

You can hire an attorney and see if the attorney can work out a resolution of your case with the suing party. Please note that since you have been sued and served with a citation, you have a certain period of time in which to respond to the lawsuit or the suing party can seek a (default) against... Read more »

1 Answer | Asked in Consumer Law and Collections for Louisiana on
Q: Can I file a pleading to a civil summons in person at the courthouse (as there is a filing fee) within the 10 day period

as opposed to via certified mail? Am I required to send a copy of my response to the plaintiff’s lawyer within the 10 day period as well, or can that be a day or so late as long as it’s filed with the court on time? This is Jefferson Parish, Louisiana, 2nd Parish Court. Thank you so much.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 29, 2022

Basically, yes, yes, yes, however a person who represents himself might also be considered a fool. That said, at a minimum, I would seek a consultation with a lawyer--pay him for 30 minutes ----1 hour of his time to obtain advice and suggestions on what to do/how to do it if you are intent on... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Collections for Louisiana on
Q: Hello, I've had a Lien on my property from a POT OF GOLD company that my contractor hired while building my house. I did

not know about the lien but since the contractor did not pay the company they issued a lien. It's been 10 yrs can I have the lien removed?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 4, 2022

if you have a copy of the lien, then you should contact a construction lawyer or perhaps a collections or real estate lawyer and find out how long that lien is valid. Once you are aware of that, then you can decide how to proceed.

2 Answers | Asked in Collections and Traffic Tickets for Louisiana on
Q: I received tickets back in 2017&2018 they are sent to a collection agency in Texas. What should i do??
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 22, 2021

You should contact a lawyer and provide more information to the lawyer, such as what type tickets, the status of the tickets, where and who issued the tickets, and what you are trying to accomplish at this time. Good luck.

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1 Answer | Asked in Collections for Louisiana on
Q: I'm getting sued for my Father's debt, that was established when I was a minor. I have a summons to court. Help?

I have responded to the summons, say I can't afford his debt. Now I have to go court to see what decision will be made by his hospital bill

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 7, 2021

More information is needed to answer this question, such as why do you or anyone else believe you are responsible for your father's debt? You should consider hiring a lawyer to defend you----the entity suing is represented and very much willing to take advantage of a non-represented person.

1 Answer | Asked in Collections for Louisiana on
Q: I have been sued for medical loan and was served but not personally. A family member received it. How do I respond?

Medical loan from out of state bank in New York. Do I admit or deny?

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

If you fail to respond timely, then the creditor will seek a default judgment against you so please make sure you handle this timely. If you have the resources, I would contact an attorney in your area---collections or general practice---and discuss this matter with them, obtain your options and... Read more »

1 Answer | Asked in Criminal Law, Collections and Identity Theft for Louisiana on
Q: If I did not write a worthless check on Dec 19, 2019 and receive a final notice from Caddo parish what can I do?

I got this 3/25/21and the amount owed is 732.61 to drug emporium. The account has been closed that the check was written on and NO ONE WOULD accept this if the business has TELECHECK.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 2, 2021

1) File an incident report with the bank,

2) File a criminal complaint with the Sheriff.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

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

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

1 Answer | Asked in Consumer Law, Traffic Tickets, Civil Rights and Collections for Louisiana on
Q: If a impounded vehicles registered owner transfers his vehicle to someone does that person become responsible for fee

That has already been acquired ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 25, 2020

Yes. Impounded vehicle will not be released without fee being paid.

2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: I need to file bankruptcy. I hear that if I fall under a certain income that I can get free or at least financial Help??

I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??

Timothy Denison
Timothy Denison
answered on Jun 7, 2020

Check with your local bar association or legal aid society. They maintain lists of lawyers who handle cases for reduced fees or pro bono (free).

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1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Are you required to continue to pay a monthly supervision fee after becoming incarcerated?

I paid all my monthly fees while out on probation. I actually paid 75$ a month, whereas i was only ordered to pay 63$. I was was let off early for good behavior & was told all my fees were paid up & i was done. Shortly after i get a Governors Pardon. Then a bit later, i begin getting... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 29, 2019

They're not and you don't owe it. Send your P.O.a copy of proof.of.period of incarceration.

3 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Do I need to make payment of not ?

My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Dec 20, 2019

When a bankruptcy is filed the lender usually stops accepting the payments online and you must mail them in. Sometimes they will send a payment book. Check with the bankruptcy attorney who filed the case.

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1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Someone put a fake check into my account. have a photo copy. it’s clearly not my signature. What’s next??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 24, 2019

Go to the bank and report it immediately because someone has your account information.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Louisiana on
Q: What legal grounds do i have dealing with car repossession.I feel i have been violated under Louisiana law.

I feel that the breach of peace law was broken also other violations dealing with Louisiana code possibly could be broken my license plates was not given to me nor have I been afforded the right to to get them off of vehicle no type of notices was delivered to me in form of mail beforehand I had no... Read more »

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

You need to hire a local attorney familiar with collections. He can guide you through what you need to do. This is not a bankruptcy question.

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

I've already posted eviction notices and the tenant has moved out as of march 18th 2017

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to... Read more »

1 Answer | Asked in Collections and Small Claims for Louisiana on
Q: How much does it cost to have an attorney represent me in a suit over a debt (New Orleans area)?
Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 19, 2016

It usually depends on the amount you are being sued for and the court in which you are being sued. It can be as low as $600.00 and as high as $2,000 or more not including the court costs. Every attorney has a different fee structure. Some will charge a fixed fee and some will charge an hourly... Read more »

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