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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Health Care Law for Louisiana on
Q: I need to revoke power of attorney but don’t remember the date it was initiated how can I remove it without the date

It’s in Alexandria Louisiana and the person who it was given to will not tell me the date and are miss using the powers acting on my behalf I have the paperwork to file but I do not have the original date of the initiation can I proceed without it even if it ask for the initial date on the form ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 26, 2022

File a Revocation with the Clerk of Court and request service on the person to whom you gave the power of attorney.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Louisiana on
Q: What can I expect to happen at the hearing officer conference after being accused of kidnapping my daughter?

My ex has not let me see or speak with my daughter in weeks since he was awarded temporary custody even though the court order says I'm allowed visitation. She called me frantic the other night telling me she ran away and was far from her house. In a panic, I raced there and picked her up. We... View More

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

Hire a custody lawyer immediately.

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: I need to file a motion for new trial in orleans parish civil court

I need representation to file the motion for new trial. Judge says I cannot represent my business.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't know what the question is.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What to do If a motion was filed to place proceeds from selling of a home into the courts registry?

No court date was set after initial hearing officer meeting. The title company never received the motion and split the proceeds in to two separate checks.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

Contact your divorce attorney immediately

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: my catalytic convertor was stolen at the dealership, what can i do

also after picked up my truck, the electrical system was messed up. none of gauges was working

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2021

Get written estimates and file a claim with the Justice of the Peace.

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... View 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... View 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.... View 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... View 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... View 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... View 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
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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.

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