Louisiana Civil Litigation Questions & Answers
Q: WHAT DO I DO IF A OFFICER HIT MY 17YRD OLD SON WITH A FLASH LIGHT AND TOOK HIM TO THE E.R./TESTS WHERE DONE W/O ME
Ellen Cronin Badeaux's answer
I hate to say it but you need to hire a criminal attoeney to represent him.
I hate to say it but you need to hire a criminal attoeney to represent him.
Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?
Ellen Cronin Badeaux's answer
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.
Q: Don't you have to be separated for a year to get a divorce of you have kids under the age of 18?
Ellen Cronin Badeaux's answer
Separation for 1 year, but if conviction of a felony, or domestic abuse or adultery. Then it takes about 45 days.
Separation for 1 year, but if conviction of a felony, or domestic abuse or adultery. Then it takes about 45 days.
Q: I have a truck. Title,registration,bill of sale and insurance in my nane
Ellen Cronin Badeaux's answer
First tell him to return your truck. Print the request then..go to the Sheriff and file a criminal charge of theft or simply go take it if you have a duplicate key. After you have it, get it rekeyed.
First tell him to return your truck. Print the request then..go to the Sheriff and file a criminal charge of theft or simply go take it if you have a duplicate key. After you have it, get it rekeyed.
Q: How do I report a notary for not filing my father's will at the court house?
1 Answer
| Asked
in
Estate Planning, Family Law, Civil Litigation and Probate
for
Louisiana
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Christie Tournet's answer
Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could...
Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could...
Q: What legal grounds do i have dealing with car repossession.I feel i have been violated under Louisiana law.
1 Answer
| Asked
in
Civil Litigation, Bankruptcy and Collections
for
Louisiana
on
Answered on Jan 7, 2019
Answered on Jan 7, 2019
Timothy Denison's answer
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.
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.
Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?
1 Answer
| Asked
in
Bankruptcy, Civil Litigation and Consumer Law
for
Louisiana
on
Answered on Dec 26, 2018
Answered on Dec 26, 2018
Cristina M. Lipan's answer
There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.
There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.
Q: I need to know. How a person find out how? If case been settled
Timur Akpinar's answer
A good place to start could be to ask your attorney. As a general matter, attorneys discuss settlement terms in personal injury cases with clients before accepting an offer.
Tim Akpinar
A good place to start could be to ask your attorney. As a general matter, attorneys discuss settlement terms in personal injury cases with clients before accepting an offer.
Tim Akpinar
Q: An ex employee that I fired in 2015, she made live video and topic was me.
1 Answer
| Asked
in
Criminal Law, Libel & Slander and Civil Litigation
for
Louisiana
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
Ellen Cronin Badeaux's answer
Save it all on a flash drive. Then hire an attorney to file for a permanent injunction against harassment and to fight her protective order. After saving on a flashdrive, contact each platform and ask them to remove her postings.
Save it all on a flash drive. Then hire an attorney to file for a permanent injunction against harassment and to fight her protective order. After saving on a flashdrive, contact each platform and ask them to remove her postings.
Q: If i was convicted. Of this charge in 2012 and they revised it years later does the new law affects. My old charge?
Ellen Cronin Badeaux's answer
Most of the time no. Most laws are not retroactive. But there are exceptions, so call your criminal attorney.
Most of the time no. Most laws are not retroactive. But there are exceptions, so call your criminal attorney.
Q: My daughter is in college and she got in an argument with a another student.
Ellen Cronin Badeaux's answer
Yes your daughter has to pay the medical bill. She can also be charged with battery, expelled from school and lose her financial aid. If she gets charged she needs a lawyer.
Yes your daughter has to pay the medical bill. She can also be charged with battery, expelled from school and lose her financial aid. If she gets charged she needs a lawyer.
Q: In the event that a court reporter refuses to make requested court transcripts available, what legal docs are filed.
Ellen Cronin Badeaux's answer
Send a request by fax and certified mail, return receipt requested and in your letter include a request that they notify you of the fee for this request.
Send a request by fax and certified mail, return receipt requested and in your letter include a request that they notify you of the fee for this request.
Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Civil Litigation
for
Louisiana
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Christie Tournet's answer
You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law, or terms of the Will.
You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law, or terms of the Will.
Q: Does a judge, when he was a lawyer, have to recuse himself if he represented my son in a custody trial?
Ellen Cronin Badeaux's answer
Yes he must recuse himself and no the conflict of interest does not prescribe. We don't have statute of limitations in Louisiana.
Yes he must recuse himself and no the conflict of interest does not prescribe. We don't have statute of limitations in Louisiana.
Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current
2 Answers
| Asked
in
Car Accidents, Civil Litigation, Contracts and Civil Rights
for
Louisiana
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Ellen Cronin Badeaux's answer
Give your insurer power of attorney to deal with your lien holder.
Who was found at fault in the accident?
Give your insurer power of attorney to deal with your lien holder.
Who was found at fault in the accident?
Q: A guest slipped and fell from a ladder in my AirBnB, now she's sueing me. Any guidance welcome.
Douglas Lee Bryan's answer
Hopefully you have insurance that will cover this and provide you with a defense attorney. Examples are premises liability (homeowners), commercial liability, or general liability coverage policies. You should contact your insurance agent or insurance company as soon as possible and provide them with a copy of the lawsuit. If you don't have insurance, you should consult with an attorney that handles insurance defense matters.
Hopefully you have insurance that will cover this and provide you with a defense attorney. Examples are premises liability (homeowners), commercial liability, or general liability coverage policies. You should contact your insurance agent or insurance company as soon as possible and provide them with a copy of the lawsuit. If you don't have insurance, you should consult with an attorney that handles insurance defense matters.
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