Lawyers, Answer Questions  & Get Points Log In
Louisiana Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for Louisiana on
Q: What do I do ? I have hackers in my phone apple says they have done all the can do with is making me reset the phone Aft

I have tons hours of documentarian videos emails This all started after the Equifax data breach supposedly I have stock and bonds and on line holding I know nothing about credit fraud a bankruptcy was reported and then removed still affected my like government had all kind of rules and citations... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

Shut down the phone number and get a new provider and phone number and phone. Close all current accounts and open new ones.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Federal Crimes for Louisiana on
Q: Hi what are the statue of limitations on bank fraud in Louisiana?

Someone called saying they were from a law firm about an online loan from I think 2007... I know for a fact I never applied for an online loan but they said the money went to my bank account. I have been dealing with different companies regarding this one loan for about 5 years now and none of them... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

1) Make a criminal complain about your Aunt with the Sheriff's Office & print any proof you have of it. Get a copy of the charges you file.

2) Shut down any accounts she had access to.

3) File reports with any banks at which fraudulent transactions occurred and get copies of the...
Read more »

1 Answer | Asked in Consumer Law for Louisiana on
Q: In Louisiana, how much can an Auto Repair shop exceed the price estimate? I’ve read it’s 10% in most states.
Adam Savett
Adam Savett answered on Dec 26, 2019

In Louisiana, it depends on whether you asked for (and received) a written estimate.

The Louisiana Motor Vehicle Commission has rules and regulations that note that an original estimate should not exceed the actual cost by 25%.

You can find those rules here:...
Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Louisiana on
Q: Can a bank be sued for not releasing available funds to the account holder?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 17, 2019

Way more detaIls needed. If this has to do with a divorce, hire a divorce lawyer.

1 Answer | Asked in Civil Litigation and Consumer Law for Louisiana on
Q: Can someone file LSARS9:4501 if only a verbal agreement was made for auto repairs and I paid $20k over agreed amount?

I bought a Bronco years ago and my uncle verbally agreed on $14k for full restoration.  Nearly 3 yrs and $34k later, I realize that I am being taken advantage of. I decide to pick up my Bronco and have no further work done.  The work is poor, the paint is covering decades of dirt, and the engine... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 28, 2019

An attorney would have to look at the contract, suit and invoices.

1 Answer | Asked in Civil Rights, Consumer Law, Family Law and Landlord - Tenant for Louisiana on
Q: Widow and 2 kids kicked out of a house by dead husband family w/o eviction notice !!! Legal or not in La ?

Not sure if Will was in play

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

A great deal more details needed. Consult with an attorney.

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Q: I was lied to during the purchase of the car I just bought. I point blank asked the seller if it flooded and he said

Absolutely not! After paying tax title license n doing several repairs along with getting new tires after an almost fatal blowout, I get a notice saying it's been flooded n I can't get a license plate which also means I can't get an inspection sticker. I can't drive a car I can't get legal. What... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 31, 2019

Hire a lemon law attorney

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on
Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Consumer Law, Contracts and Banking for Louisiana on
Q: How can a dentist draw $32k in my name? “Without” me seeing contract from lender (signing). terms, conditions, interest

Informed in dentist office the paper work signed only pre qualified me. Did not know an active loan was in place until payment reminder came in mail from lender. Every “TILA” law was crushed in this whole process by said Dentist office and said lender. Both are working in conjunction against me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

Assuming that you had the expensive dental work done the written documents you signed allow the dentist and the creditor to collect the money you agreed to pay from you; it doesn't matter what you were told before the procedure. If you are unhappy about the interest rate, contact a Louisiana lawyer.

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Someone took out a title loan that I am cosigner on but the loan company did not require my signature. Legal?

I did not know about the loan put on the car but I am part owner and they did not ask for my signature.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

If the title to the car is written the same way most are, the two owner names are either unconnected or are separated by the word "or" which in either case means the car is owned equally by the owners. If so, then each owner can sell the car, or possibly take out a loan against the car; however,... Read more »

1 Answer | Asked in Consumer Law and Child Support for Louisiana on
Q: Is a state child support agency liable under FCRA requirements for credit reporting? Can I sue if they won't fix error?

Dealing with child support enforcement agency in Louisiana. The order is an out of state order. Only Louisiana, where I currently live, is reporting on my credit. But they are reporting incorrect info and details. I have filed dispute with the CRA as required by FCRA. Support Enforcement... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 23, 2019

You need to file something in court to have the amount they're alleging as arrears changed, if they refuse to do so voluntarily.

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Sold motorcycle 4000tofriend 500down500every2 weeks paid2 timesnow he in jail I have title how do I repo it backbeen 6 m

Been 6 months now

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

If you have the title--and if it is still in your name only--there is no need to "repo" the bike. If the title is already in your friend's name you will have to take appropriate steps to repossess it.

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on
Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan
Cristina M. Lipan answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on
Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

I was fighting citi mortgage for over 5 years with a dispute in my modification sign contract, the contract states in full detail that I had a full year before their could Do any changes to my sign contact . Before a month was up they raise it, I refuse to pay it, and they foreclosed and we went to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 8, 2018

If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Louisiana on
Q: If the police never received a statement of theft before you were released with a summons are the charges dropped?

Significant other was arrested for skip scanning stuff at Wal-Mart and transported to the police station. The officers let her off with a summons due to no previous criminal history and never recieved a statement from Wal-Mart before releasing her. Does this mean the charge of "theft under $750"... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 5, 2018

No that has no effect on the charges

1 Answer | Asked in Consumer Law and Family Law for Louisiana on
Q: Good Morning, My husband is in the process of doing a mortgage and I have debt that was acquired before marriage.

According to Civic Code 2363 my obligations can be separate from him, correct? 2nd part of my question is ....Is a prenup required in order to enforce CC2363?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 27, 2018

Well you are already married so you can't do a prenup. But you can do a post nup. Contact a family law attorney.

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Q: Do I have to sign an authorization first before work can be done to my vehicle?

I left my car at a body shop for an estimate that I have yet to receive. I called to check in with the owner and he was supposed to call me back with the estimate. It's been two days and I haven't heard anything. I haven't authorized any work to happen because I haven't been given a set estimate.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

Generally no. But don't let grass grow.

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released
Peter N. Munsing
Peter N. Munsing answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on
Q: Can our policy be cancelled during litigation when all premiums have been paid?

Our church is being sued for a "trip and fall" and our policy has been cancelled for "failure to maintain our building". But no one has come to investigate the situation at all. it is as if the insurance company is taking the plaintiffs word on the matter. I am very frustrated. Any advice would be... Read more »

David Alan Wolf
David Alan Wolf answered on Aug 24, 2017

You should consult with an attorney. It is odd that the insurance company is cancelling the policy for failure to maintain the building. Typically, policies are challenged by the carrier if there is a misrepresentation or a failure to pay the premium. There may be a way to force the insurance... Read more »

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

The storage was responsible for my belongings, I've lost everything I own for me and my three kids. I'm mentally out of it right now. I just lost my mom and brother which is hard enough, now this. I need help as to how to proceed with a law suit.

Christie Tournet
Christie Tournet answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability.... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.