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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: What are my rights and what am I able to claim?

Garbage truck damaged my home left me without power for 32 days during the hottest part of the year. They are contracted through our police jury. Both have agreed the garbage company is responsible. Still waiting to be reimbursed. I had to get a loan on my car to get it fixed I have now los my car... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2023

If you have not consulted/hired an attorney then that's what you need to do as apparently what you have done thus far has not resulted in the results you seek. Use the Justia Find a Lawyer tab and search for accident or litigation lawyers in your area---call a few---many may offer free... View More

2 Answers | Asked in Civil Litigation and Energy, Oil and Gas for Louisiana on
Q: Entergy has butcher our Trees by line they destroyed some of my property can I hold them financial responsible ?

I have pictures of the damage and the Tree cutters

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A Louisiana attorney could advise best, but your question remains open for two weeks. Electric utilities usually have the right to remove foliage and other vegetation for safety or access reasons with their equipment. An attorney would probably want to know additional details in answering your... View More

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Q: Hello my name is Damian . So I was a public housing commissioner .

I showed up for a meeting on Thursday to find out I was terminated without notice and for reasons that are false .The mayor said he and the city council voted to remove me on July 6,2023 .

James L. Arrasmith
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answered on Jul 11, 2023

This may be a violation of your rights, as public housing commissioners are entitled to due process before being terminated. You may want to request a copy of the meeting minutes from July 4, 2023, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: People that pay us every month for deceased parents property want to tear down and sell and it not even theirs yet!? Hel

Please they plan on doing it Monday...how can they do this

John Michael Frick
John Michael Frick
answered on Jun 18, 2023

If title to the property is not in their name, they most likely have no legal right to tear down a structure on the property. If title to the property is in your name, you likely have standing to enjoin them from tearing down the structure.

Seek the services of an experienced real estate...
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2 Answers | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: I fell on a loose grate Ana public golf course and fractured my knee . Should the golf course have had me to fill out

An accident report .

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

Yes, it probably should have. While there is no legal requirement that you comply with such a request, it is certainly advisable for a property owner like a golf course to request that you fill out an accident report as soon as possible after an incident like this to make a record of what happened... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for Louisiana on
Q: Went to court on an unpaid debt. Creditor was granted judgement. I called the creditor to set up payment plan and they w

will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for Louisiana on
Q: Need advice to see if I have a case and if so what do I do
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

Use the Justia Find a Lawyer tab and search for lawyers in your area who practice in the subject matter you are seeking---contact a few of them for a consultation----some you contact will provide a free first meeting/consult. Good luck.

2 Answers | Asked in Civil Litigation for Louisiana on
Q: Do intentions of the parties to the agreement matter in a case of a civil law?

Nil

John Michael Frick
John Michael Frick
answered on Mar 20, 2023

The guiding principle of contract construction in American jurisprudence is that the court will attempt to ascertain the intentions of the parties as expressed in the agreement itself. What the parties subjectively intended but did not express is mostly meaningless.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: Which lawyer can assist with a small business affidavit in Montgomery County, Texas?

Texas legal aid says I need an attorney in Louisiana. Louisiana says I need an attorney in Texas. Which is it? Is that too complicated? Apparently.

No help. You suck.

Imtiaz A Siddiqui
Imtiaz A Siddiqui
answered on Feb 15, 2023

This question requires additional information for it be answered. Why did Texas Legal Aid say you need an attorney in Louisiana? Did you speak to an attorney in Louisiana? Why did s/he say that you need an attorney in Texas? What does the small business affidavit pertain to? What is the purpose of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Louisiana on
Q: I received a deposit of 52000 dollars on a 71000 Dollar project and I only used 22000 of it and the rest was Used

To cover labor and things for 3 other prior jobs I had to complete to get to the job at hand and now they are taking me to court

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 10, 2022

Please consult with a lawyer about the specifics of your case. Also, if you have been sued and served with paperwork, please know that you have a limited period of time in which to file an Answer (respond to the lawsuit) so please make sure you do so within that time period.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Litigation for Louisiana on
Q: I borrowed my friend's truck to run an errand and rear-ended someone. I was unaware I was driving an uninsured vehicle

until after the wreck. The other driver's insurance company advised they will fix their insured driver's truck and then subrogate against me. I am a single mom, 3 kids, unemployed since pandemic, I have no car therefore i myself carry no automobile insurance. I live in Louisiana.... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I hope everyone involved in the accident is okay. Unfortunately, it is as they described it to you - the subrogation department will want its money back. If you feel you could attempt negotiate, you could consider... View More

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Does CCP1424.D.3 require the party who sends me a subpoena duces tecum to pay me my usual rate for my time and expenses?

And what recourse do I have should they refuse? This is a civil case where I have been called as an expert witness.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

Depends--- if I recall correctly, the article does not state that you (or rather an expert) is entitled to the expert's usual rate but rather a reasonable rate.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: How can a judgment for breach of contract be rendered with no promissory note or contract signed by me?

Is there any way that I can appeal or fight a judgment rendered against me for $13,000 and there is no proof submitted nor is there a promissory note or contract with my signature for work subcontracted by another business? A letter was printed for a trial and court date but was never delivered to... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 6, 2022

Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom you might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, if you have filed bankruptcy, you may have limited... View More

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My husband's truck was stolen and documents were taken to a notary public and were signed with out him being there.

When we contacted the notary public she said she made an honest mistake where do we go from there? She even signed and affidavit stating it was a mistake on her behalf.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 24, 2022

Make a criminal complaint with the Sheriff and then go to Motor Vehicles

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Louisiana on
Q: if a person doesn’t get any information from someone during a wreck and let’s you leave without including the cops can

they later on try and file a report if they figure out who it was?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Yea, you are not in the clear yet.

2 Answers | Asked in Consumer Law and Civil Litigation for Louisiana on
Q: Can I motion to open a default judgment case?

My wife was served for a court case for a debt to republic finance LLC, the manager called my wife and they came to terms to repay unsecured loan. My wife asked if she needed to go to court and the manager stated " not as long as you make your payments". A default judgment was set against... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

If this happened les than 1 year ago, your attorney may be able to file a Petition to Annul the Default.

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: Can I be held liable because my mom was visiting my house when the incident occurred?

My mom was visiting my house when she let her dog out of her vehicle without a leash to go inside but her dog ran over to my neighbors yard and an incident occurred between my moms dog and my neighbors dog who was also not on a leash. The police and animal control were called and my mom and my... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 8, 2022

It wasn't on your property and it wasn't your dog. If yiur neighbor does sue you, your homeowners insurance will provide a defense.

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