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Louisiana Collections Questions & Answers
2 Answers | 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

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2 Answers | Asked in Collections and Contracts for Louisiana on
Q: How can I recover a $5,000 loan from a borrower who hasn't repaid?

I loaned someone $5,000, which is less than what they actually owe me. I have text messages from the borrower confirming they will repay me. They've indicated they will pay me back this week. However, I had to send $150 for the transfer, and I still haven’t received the repayment. Could you... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 18, 2025

Short version is that in general, if you believe someone owes you money and the borrower does not voluntary re-pay, then you will have to sue him in civil court. Now, the specifics and terms of the transaction will determine the strenght of your case---I highly recommend that you contact a... 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

2 Answers | Asked in Collections, Education Law and Contracts for Louisiana on
Q: Is there any way to get out of paying an unreasonable loan?

I signed a student contract agreement that I didn’t realize stated that I could never cancel the program or withdraw. Additionally, they’re going to make me pay the loan even though the program hasn’t started yet and I will not be completing anything in the program.

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
answered on Aug 13, 2024

It is very hard - if not impossible - to get out of student loans/student contract agreements.

For example, student loans cannot be discharged even through Bankruptcy proceedings. Further, Louisiana law is clear that in contract disputes, the contract signed by the parties is the law...
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1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... 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 Collections and Business Law for Louisiana on
Q: Collection agency harassing mother over business debt she didn't assume responsibility for.

My mother is listed as a manager on the Secretary of State records for a business that is no longer functioning. A collection agency for a merchant cash advance company is calling her, threatening to freeze her bank account if she doesn't pay money owed due to my business defaulting on... View More

James L. Arrasmith
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answered on May 15, 2025

Your mother should first inform the collection agency that she did not sign any loan documents and is not personally responsible for the business debt. Although she is listed as a manager on the Secretary of State records, this typically does not make her personally liable for business debts unless... View More

2 Answers | Asked in Collections and Civil Litigation for Louisiana on
Q: What form to file for an unpaid bill citation response in 18th JDC?

I received a citation for an unpaid bill amounting to $3,738.85, which was filed with the 18th JDC. I need to respond within 21 days. What form do I need to file to answer the petition?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2025

You need to file an Answer within the legal time limits or you are subject to a judgment being rendered against you for your failure to respond----personally, I strongly recommend that you consult, if not also hire, an attorney to assist/represent you. Consulting with an attorney should provide... View More

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2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Are there exemptions to protect my $12,000 vehicle from a loan default judgment in Louisiana?

I am 66 and facing a loan default judgment in Louisiana, with the court date in one week. I'm concerned about exemptions regarding my personal property, specifically my vehicle, which is valued at approximately $12,000. The default amount is around $16,500, and I have no real property besides... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2025

There are no exemptions that can be used against the seller who loaned the money and is seeking judgment. Exemptions are potentially available against all other parties seeking to re over, though.

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1 Answer | Asked in Collections and Gov & Administrative Law for Louisiana on
Q: Year Louisiana passed RS 15.571.21 for past parole fee collection?

I recently received a letter stating that I owe over $3,000 in unpaid parole fees, even though I was released from parole in 2021 and complied with all my conditions. Now I'm being threatened with asset seizure. Can you tell me in what year Louisiana passed RS 15.571.21 allowing the Department... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s important that schools provide students with reasonable access to restrooms, especially during the school day. If one or more bathrooms are closed due to malfunctions, the school should be actively working to fix the issue or offer alternatives to avoid overcrowding and delays. Students’... View More

1 Answer | Asked in Employment Law and Collections for Louisiana on
Q: Is it illegal for my employer in LA to issue bounced paychecks, and what can I do about it?

I am experiencing repeated issues with my employer issuing bounced paychecks. There is a history of this problem, and my bank now verifies funds before attempting deposits. Recently, my bank refused to deposit my paycheck even after my boss asked me to wait for a reissue. I have documented... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on both Louisiana state law and federal labor regulations, your employer's practice of issuing paychecks without sufficient funds is clearly illegal. Under Louisiana Revised Statute 23:633, employers must pay employees the full amount of wages due on regular paydays, and knowingly... View More

2 Answers | Asked in Bankruptcy, Collections and Real Estate Law for Louisiana on
Q: Received legal documents for sheriff sale; dispute needed as I owe nothing on home.

I owe a person $33,000, and I have been paying him $600 monthly since December 2024 after settling a portion through bankruptcy. Today, I received legal documents regarding a sheriff sale on my home, which I don't owe him anything on. What steps can I take to dispute or prevent the sheriff sale?

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Go get a complete copy of the file and take it to your lawyer immediately. More information from the file is needed to properly answer this question.

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2 Answers | Asked in Collections and Traffic Tickets for Louisiana on
Q: A court collection agency in Louisiana is refusing to accept any payment less than a $100 on a past due ticket????

Three Open container tickets from Woodworth Louisiana went to collections and the collection agency is saying that I cannot make any payments less than a $100 they will only accept payments of a $100 or more is that legal can they do that

Jason Thomas Olivier
Jason Thomas Olivier
answered on Sep 12, 2024

Technically, they have been hired to the full amount you owe so they can refuse anything less than that. It isn't practical, but it's likely legal. I would send in the payment anyway. They will likely process it as that is cheaper than taking the time to mail it back to you. Good luck.

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1 Answer | Asked in Collections, Consumer Law and Contracts for Louisiana on
Q: I am helping someone in dealing with a debt collection suit. How to be successful with dismissal in their favor?

The Credit Card debt is for roughly 9K. It appears the last payment (per credit report) was April 2022 thus we are aware SOL expiration would not apply. We are looking to challenge the debt buyer’s burden of proof as it relates to legitimacy in rightful ownership of this debt in addition to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 17, 2024

You are asking an online attorney to give you legal advice for someone else's benefit. That's the unauthorized practice of law, were someone on here to do that. I recommend that your friend retain an attorney.

2 Answers | Asked in Contracts, Business Law, Collections and Gov & Administrative Law for Louisiana on
Q: Is a b2b customers continued purchases count as agreeing on interest we advised we would charge on past due balances?

I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More

Martha Warriner Jarrett
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answered on Dec 5, 2023

This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More

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1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
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answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

2 Answers | Asked in Consumer Law, Collections and Communications Law for Louisiana on
Q: I was served a judgement in Dec 2022 but I was not served to go to court for the original court hearing. Should I have

been served? The loan company manager was coming to my house sitting on his horn for 5 min. and calling my company allday Is that legal? I did send in a letter saying I deny the debt. they set a court rule to show cause hearing 7/31. I went and they said the judgement was already filed March of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2023

You indicate that there is a judgment against you signed in March, 2023 which means the customary legal delays to appeal have passed. As such, in order to get the judgment overturned, you really need to meet with an attorney and specifically discuss your case/situation to determine if you have... View More

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1 Answer | Asked in Small Claims and Collections for Louisiana on
Q: I was never served papers for a judgement ona vehicle loan via court and they started garnishing my wages is that legal

I also have a letter from the company stating that I had been cleared from any judgement or Lein on the vehicle

Joel Gary Selik
Joel Gary Selik
answered on Jul 26, 2023

Based on these facts you may have a valid lawsuit against them. Consult with collection defense attorneys.

You may want to review the court file to see how they claim you were served and file a motion to set aside the judgment.

3 Answers | Asked in Bankruptcy, Business Law, Collections and Consumer Law for Louisiana on
Q: Hello, I’ve paid a debt collector last year through a 3rd party collection agency. Now another agency ask for payment.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 24, 2023

You don't ask a question here, just offer up a few facts.

Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.

I strongly advise you to consult with a professional about your entire debt/asset/income...
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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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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.

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