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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Louisiana on
Q: How to be heard in the court room. The judge has not let me or my lawyer speak in court? Is that allowed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 4, 2019

Why aren't you talking to your attorney, who knows the circumstances?

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: Does the 1 year deadline to make a claim when fraud is involved begin upon discovery of the fraud ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 31, 2019

Yes the clock starts to tick at discovery.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Federal Crimes for Louisiana on
Q: FALSE Restraining orders filed to prevent collection of small business property ($10000>/=)after unlawful eviction

My business partners EX girl filed false restraining orders after stealing our shops safe with titlework for roughly 8000$ of vehicles and keys, then filed FALSE restraining orders on my business partner and i, in order to prevent collection of the vehicles themselves and our shop tools after... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 10, 2019

Hire an attorney and don't respond to her messages.

1 Answer | Asked in Civil Litigation and Contracts for Louisiana on
Q: My ex boyfriend who is also on the lease refuses to move out and to pay rent. He now just got a dog which is not allowed

He is aggressive and violent as well but no domestic violence has been filed on my part. What rights legally do I have to get him out?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 17, 2019

You have equal rights to the leased property without a court order based on domestic violence. Either move and notify to our landlord in writing that he has a dog and is violent, or file a protective order.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: if im the beneficary of a life insurance poilcy can they take that money if i have a judgment or lein against me
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 30, 2019

Yes. The creditor simply files a Stay requesting that the proceeds of the policy be deposited in the registry of the court. Then executes the lien.

2 Answers | Asked in Banking, Civil Litigation, Family Law and Child Support for Louisiana on
Q: Hi I was wondering if I put my husband on my bank account could they take my money or freeze the account?

If I put him on it and the courts want more money or to levy or freeze it for what ever reason can they do it even if my name is on the account too?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 22, 2019

If your husband has a judgment against him or a child support garnishment, do NOT add him to any of your accounts.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Mergers & Acquisitions for Louisiana on
Q: I hired a builder and he posted pictures of my signed contract online. Is that legal?

I gave them a bad review on Facebook

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

Whether what the builder did was "legal" is impossible to say without much more information. I will note that there is very little difference between what you did (post a bad review online) and what you say the builder did in response (posted pictures of your signed contact online.)

1 Answer | Asked in Civil Litigation for Louisiana on
Q: In car wreck 12 yr ago no fault of my own in Louisiana 80.000 in medical bills. lost my ability to keep my business my

Home way of life dis figured my body and now STILL homeless still haven't Settled with defendant and his Insurance offered to Seattle for policy limit when it happened 12yrs ago my but they refused j

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 10, 2019

Don't know what your question is.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Can a state judge arrest you for 30 consecutive days without also offering a bond for a misdemeanor ??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2019

Yes under Gwen s law or If there is a parole or probation hold.

2 Answers | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: In the state of Louisiana if you are court ordered to be place in the drug court and he/she is married to someone who

Is incarcerated for drugs could they be ordered to get a divorce before they could complete drug court and graduate?

Sye J Broussard
Sye J Broussard
answered on May 3, 2019

I am not aware of any law where a court could order a divorce.

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1 Answer | Asked in Civil Litigation for Louisiana on
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

HE WAS IN THE HOSPITAL FROM 1:30AM-TIL 10:49AM AND I WAS NOT CONTACTED BY POLICE OR THE HOSPITAL UNTIL 7AM.THE DISCHARGE PAPERS STATES HE WAS IN A CAR ACCIDENT AND THEY DID SEVERAL TEST/ X-RAYS/CAT-SCANS WITH OUT MY APPROVAL OR KNOWLEDGE OF HIS ALLERGIES,THEY ALSO DID NOT SEND HIM AWAY WITH ANY... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 22, 2019

I hate to say it but you need to hire a criminal attoeney to represent him.

1 Answer | Asked in Civil Litigation and Family Law for Louisiana on
Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?

My ex-spouse is all about money and suing people.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 15, 2019

Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: Don't you have to be separated for a year to get a divorce of you have kids under the age of 18?

I have been having my paperwork for a divorce for about 2 months now but when I went to file it, I was told that we have to be separated for a year before I can file because we have kids under the age of 18. I'm asking because a lawyer told me I could've been filed

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2019

Separation for 1 year, but if conviction of a felony, or domestic abuse or adultery. Then it takes about 45 days.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My mom has a life insurance policy that covers her funeral exp. Curator wants to cancel it

Insurance was set up years ago and now curatrix wants it stopped taking it away from the family. Can she do this?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 26, 2019

Hire an attorney to file a Motion to Replace Curator.

2 Answers | Asked in Civil Litigation for Louisiana on
Q: Louisiana law- how to stop a lawsuit from being dismissed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2019

Hire a good lawyer to write well considered pleadings.

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: I have a truck. Title,registration,bill of sale and insurance in my nane

My boyfriend only included driver on my insurance. I got the truck so he'd have a way to go to work. Now he won't give me the truck back. How do I go about taking possession of it back?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 26, 2019

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.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana on
Q: How do I report a notary for not filing my father's will at the court house?

The notary was good friends with my father & aunt. My aunt, who was put in charge of everything until my brother and I turned of age, sold his house to the notary. When it should have been signed over to my brother. She only paid $5000 for the I house and land and put on paper it was sold for... View More

Christie Tournet
Christie Tournet
answered on Jan 10, 2019

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... View More

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Louisiana on
Q: What legal grounds do i have dealing with car repossession.I feel i have been violated under Louisiana law.

I feel that the breach of peace law was broken also other violations dealing with Louisiana code possibly could be broken my license plates was not given to me nor have I been afforded the right to to get them off of vehicle no type of notices was delivered to me in form of mail beforehand I had no... View More

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

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.

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on
Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: I need to know. How a person find out how? If case been settled

This case been going on with Save a Lot 09/16 he lawyer claim once they offer 2,000 and most recent he said they offered $15.000 so for months I tried contacting him. He wouldn’t answer until. I email to the firm he share office. I think he received that money. I can say a lot about this case.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2018

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

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