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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: I’m trying to get a false restraining order lifted . Sisters-in-law try to get an eviction it didn’t work .

Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do

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

Hire an attorney to get the Restraining Order vacated.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: 94 year old mother in need of care Daughter has supplied It all under La Rev Stat 13.4731 can son b held responsible?

Mother’s son is professor of literature with wife who also works No young children I, the daughter, pay for everything for years Son refuses to help claims he is financially unable can he be legally made to help his indigent mother too?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 22, 2020

I would recommend that you hire an attorney to do an interdiction and then file a Petition for Support.

2 Answers | Asked in Civil Litigation and Consumer Law for Louisiana on
Q: Hello! I have an expired medical judgement in the state of Louisiana. It was never renewed or any collections attempts.

Hello! I have a question about expired judgements. I have an expired judgement in the state of Louisiana. It was never renewed and no collection attempts. It was 15 years ago. I am attempting to purchase a home this year and want to know if expired judgements will affect the home buying process and... Read more »

Sye J Broussard
Sye J Broussard answered on Apr 6, 2020

If the judgment is over 10 years old and was not reinscribed then you can file an affidavit with the clerks office to have the judgment cancelled. Our office handles residential closings and have handled similar issues with no problem.

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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...
Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Louisiana on
Q: Is it legal for a business not to refund you a deposit due to a pandemic and mandatory shutdown of all events?

The business says a refund is only refunded due to inclement weather. The city of New Orleans is on a mandatory shutdown and the event is cancelled, so the business won’t be needed. They said they won’t give the deposit back and use it as a credit. The event won’t be happening or rescheduled... Read more »

Imtiaz A Siddiqui
Imtiaz A Siddiqui answered on Mar 18, 2020

Additional details are necessary to provide a useful answer.

Share as much as you feel comfortable sharing, but some questions that come to mind:

What is the event?

What business is the business in?

What do you mean by "so the business won't be needed"?

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: In Louisiana, Please explain this Code of Civil Procedure: 1921 -Art. 1921— regarding interest allowed by the Judgment
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 4, 2020

Interest can be awarded to the prevailing party from the date of judicial demand.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: ex mother in law towed 3 vehicles after I moved out of my trailer on her property. We agreed I would get them today.

We agreed this weekend my daughter & boyfriend would tow cars to new property. After agreeing, she got mad my daughter wouldn’t let my grandson stay the night because the boyfriend of her grandmother was sick and perverted. Taking pictures in women’s clothing and baby diaper and sending to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 1, 2020

Write an itemized list of what is missing and go to the Justice of the Peace and file a Petition for Conversion. Remove anything she hasn't taken and MOVE.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: A Motion of Discovery was submitted on 12/20/2019 and the Date of Trial set 3/4/2020. How may days before trial are my

My motions are granted?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 3, 2020

Can't tell what you are asking.

Do you mean a Motion to Compel? Ser when?

Trial is set for 4 Mar 2030 or the Motion to Compel is set for that date?

You need to call your domestic attorney or get one.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I received a $500.00 civil demand letter from a law firm representing a major retaile in response to a non-felony thief.

Ref Louisiana Statute 9:2799.1 Do I need to pay or can I ignore?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2020

Wete you criminally prosecuted? Wete you ordered to pay restitution? Was the merchandise or funds recovered.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I was sued by a creditor. I filed an answer. No court date was ever set. I just received a judgement letter. Why?

I was served correctly. I filed the answer in a timely manner. Months went by. I called to inquire about my court date at least 3 times over those months. No court date was ever set. 7 months later, I received a default judgement signed by the judge. How could a judgment be given without a court... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 17, 2020

Your attorney needs to file a Petition to Annul.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: If not represented how does one respond to interrogatories, production of documents? Can I get an extension to respond?

Can any be objected to based on relevance such as employment, medical records, medications, household expenses if community assests have not be used to pay expenses and an no requests have been made to alter original judgement?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2020

It's not possible to teach the practice of law on a website.

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2020

Yes both civily and criminally

2 Answers | Asked in Civil Litigation for Louisiana on
Q: I was stopped yesterday on my way home to TX in LA. The officer tried arresting me because he said I intimidated him???

He gave me a court order and a citation to pay.

Can I fight this?

I had my newborn son in the car and I told him that I feared my life because he told me to get out of the car but would not tell me why he stopped me until after the 911 call and after I talked to his chief. He... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 9, 2020

Print your phone transactions and copy your kids birth cert. Take that 2 traffic court with you.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can I get sued for selling 30yr old mobile home with busted plumbing pipes? Was sold as is and it had been vacant?

Person who purchased 1 acre with 1987 mobile home from me is threatening to take me to court unless I pay her m $3500.00 for three busted pipes, that I knew nothing of beforehand?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 4, 2020

If you sold it as is...she doesn't have a case.

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 Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Can I sue employer for attack by co worker which lead to my termination after I reported prior incidents

I had a co worker try to choke me which lead to us wrestling. I was then told I’d be terminated based on a 0 violence policy so I asked if I could resign instead so this wouldn’t be on my employee record but I reported the coworker aggressive behavior 3x prior on 3 separate occasions and asked... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 2, 2019

File a criminal complaint. Then call an employment attorney.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My cousin has posted an add in public newspaper stating Notice given

.....become the administratix of the succession of my grandfathers property. How do I summit the correct opposition to stop her.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

You need to hire a wills and trust lawyer.

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: I was ordered to pay money back in a civil case. A fake reciept produced by me was included in this money. If i dont pay

Can they use this reciept to file criminal charges. Even though it was ordered in civil court

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 3, 2019

Yes that is fraud and you can be charged. You are advised to get a loan and make good on the judgment.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for Louisiana on
Q: What is a possible sentencing or punishment for a first offense on domestic violence/child endangerment law?

There was a domestic violence act between a man (the offender) and woman in the household, a child was around and got hurt unintentionally.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 8, 2019

Exposure depends on the injuries to the victim.

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