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Louisiana Civil Litigation Questions & Answers
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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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Louisiana on
Q: Gretna,LA if someone comes to a apt unannounced and proceeds to punch a front door in of seniors with intent on harm

My exes new boyfriend came to my folks apt unannounced and punched the front door in with intent on harming a member of the family

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2021

Call thr Sheriff's office and file a criminal complaint for criminal damage to property. Take a picture of the door damage.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: Is a drive way into a commercial place considered a private driveway
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2021

If it is on private property and not a state road, it is a private driveway.

1 Answer | Asked in Civil Litigation and Probate for Louisiana on
Q: What is my recourse for stolen property that has little/no intrinsic value (ie. journals, photos, etc)?

After my wife passed away, her mother obtained all of my wife's journal's, photo albums, and clothes. She now states they have all been destroyed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

File a sheriff's report for theft.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Employment Discrimination for Louisiana on
Q: Say you worked as a ASM in retail and your boss has placed her finger in your face in front of other managers and racist

She only hollers at the black men in front of customers and has a problem keeping her fingers to her side at black men and she always calls us aggressive when she is always the aggressor and corporate knew about it and

She admitted that to the DM

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

Consult with an attorney for an EEOC complaint.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Is it legal to discipline an officer for not achieving an expectation in a specific type of traffic citation?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 26, 2021

Need more detail to answer your question.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Our neighbor has big trees at our property line. Tree limbs fall a lot and damage our property - are they responsible?

We are in Texas.

The trees are several feet into their property but are large and poorly maintained… if at all. Over the past few years, their tree limbs have fallen and taken out a section of our fence, a neighbor’s fence and powerlines (which also run in that area) which caused the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 20, 2021

1) you can have a tree company cut down any branches that extend over the property line.

2) You can file suit for ant damages in justice of the peace court.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: written contract states abide by the laws of Delaware. I live in Louisiana. Which statue of limitation would apply?

Contract was written in Delaware. It states, "This agreement shall be governed by the laws of the state of Delaware without regard to any principle of conflict of laws that would require or permit the application of the laws of any other jurisdiction." Which statue of limitations would... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 12, 2021

On these type questions, which are rather specific and usually leave out pertinent facts which are really necessary to properly answer the question, I recommend that you contact a lawyer in Louisiana who practices in the subject matter of the dispute and seek a consultation to discuss your matter... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: A contractor poured cement in my driveway ;taped it off my neighbor child stepped in it and left foot print. Need a case

A contractor poured cement in my driveway; taped it with Caution tape. My neighbor child ran in the cement while it was wet and messed my driveway up left foot prints. I had to pay to redo it. I ask my neighbor to reimburse me. He refused and said it was not his fault. So I have filed a suit again... Read more »

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

File suit in justice of the peace court for the repair if it is under $5000. You need to have taken pictures and the driveway needs to have been blocked off. Your neighbor is 100% responsible for the actions of his minor children.

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