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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Libel & Slander and Civil Litigation for Louisiana on
Q: An ex employee that I fired in 2015, she made live video and topic was me.

I contacted her regarding the accusations. I told her I’d be putting a protective order on her. I wasn’t in town when I found out about video so when I returned I was served a protective that she put. Since that protective order she put on me she continues to post BS. What can I do ? Our court... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2018

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.

2 Answers | Asked in Family Law and Civil Litigation for Louisiana on
Q: How do I file Exploitation of the Infirmed
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 13, 2018

Call the Sheriff's office.

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1 Answer | Asked in Civil Litigation and Civil Rights for Louisiana on
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
Ellen Cronin Badeaux
answered on Nov 2, 2018

Most of the time no. Most laws are not retroactive. But there are exceptions, so call your criminal attorney.

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: My daughter is in college and she got in an argument with a another student.

She threw a bottle at the student and it hit her in the face. The bottle did not break. The student have a bruise on her face. She wants my daughter to pay the $300+ medical bill. Legally is my daughter required to pay the medical bill?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 29, 2018

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.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: In the event that a court reporter refuses to make requested court transcripts available, what legal docs are filed.

According to the county clerk of a Parish in Louisiana, each court reporter handles request for court transcripts in traffic court cases. The court reporter has been addressed on several phone conversation; yet 6 months have passed and the documents are not available. The reporter no longer answers... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 26, 2018

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?

We have had fair offers on the table but have been unsuccessful. One of the heirs is the administrator and he tried before closing succession to get everyone on board to either buy or sell to no avail.

Christie Tournet
Christie Tournet
answered on Sep 17, 2018

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,... View More

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: Does a judge, when he was a lawyer, have to recuse himself if he represented my son in a custody trial?

There are only two family court judges in Tangipahoa Parish, Louisiana. One, Judge X, represented my son in a custody hearing when he was a lawyer in 2012. Now, we (grandparents) would like to sue for grandparent visitation. We were never a client when Judge X was a lawyer.

1. If my case... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 24, 2018

Yes he must recuse himself and no the conflict of interest does not prescribe. We don't have statute of limitations in Louisiana.

2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Civil Rights for Louisiana on
Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current

On July 19, 2018 I was involved in a highspeed head on collision in my truck that resulted in it being towed to a local wrecking yard. I received traumatic injury to my left leg that required 2 surgeries and 24 days in the hospital. Upon my release on Saturday August 11, 2018 I began looking for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 15, 2018

Give your insurer power of attorney to deal with your lien holder.

Who was found at fault in the accident?

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1 Answer | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: A guest slipped and fell from a ladder in my AirBnB, now she's sueing me. Any guidance welcome.

I run an AirBnB in my rental home in New Orleans, LA. One of the rooms we rent out is a loft, with a ladder leading up to it. The ladder is homemade and very sturdy, although I'm not sure if it's legally up to code.

A year ago, a guest slipped and fell from the lowest step,... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 12, 2018

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... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: What kind of lawyer do I need. Sherrifs dept didnt do an investigation and no autopsy either suicide law in Louisiana

And also embezzlement and murder

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 17, 2018

Your question isn't clear.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Louisiana on
Q: 3 years ago I have court ordered that I have 50/50 and domicile parent. And $100 monthly My child's father is to pay.

Do these paper's still stand?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 22, 2018

Yes of course it is still binding unless you were married and never completed divorce.

1 Answer | Asked in Civil Litigation and Family Law for Louisiana on
Q: Judgement signed by lawyer for agreement made on childsupport/taxes.

On a judgement agreement between parents for childsupport. Also to claim kids he was to give x amount to mother annually. No modifications to be made unless he did not pay childsupport. Does he still have to pay the x amount if he claimed children?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 18, 2018

I don't understand your question. I would suggest calling the attorney who prepared the judgment to explain its terms if you don't understand it.

1 Answer | Asked in Civil Litigation, Criminal Law and Estate Planning for Louisiana on
Q: Brother found my private will and disclosed to non-beneficiaries their non-inclusion. Did he break any law?

Will was in a sealed envelope in mother's (still alive and kicking) bank box. He did this to hurt me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 16, 2018

No broken law. It wasn't your bank box.

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: i would like to know where i can look for a motion to compel for interrogative and Discovery for 22nd jdc
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 7, 2018

That is something you should entrust to an attorney to do for you. The procedure you have to follow before you can even file such a motion is too complicated to address in a forum such as this.

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Civil Litigation and Civil Rights for Louisiana on
Q: If a person with early signs of dementia went to succession trail and sued at the end?

motion to reinstate appeal denied

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 4, 2018

Your question is impossible to understand. Call a family law attorney if this is about an interdiction, or an estate planning attorney if this is about a succession.

1 Answer | Asked in Family Law and Civil Litigation for Louisiana on
Q: the father onmy child's birth certificate is not the father can I request genetic test and if he isn't can he be remo
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2018

He can file to Disavow your child. If you ask to have him removed, after you listed him, you can be charged with criminal fraud.

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: What is the procedure for removing my sister of her fiduciary duty as succession representative?

My siblings and I will be representing ourselves and we are not sure of all the forms involved. We are aware of the Louisiana Civil Codes she is violating?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 1, 2018

What you are planning to do is a very complicated process, and I would strongly recommend getting an attorney to assist you.

2 Answers | Asked in Family Law and Civil Litigation for Louisiana on
Q: Am I entitled to my common law husbands lawsuit money?

My common law husband was awarded a lawsuit but owes back child support. The child support office wants to take all of the lawsuit money. As his common law wife, am I entitled to some of the money ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 23, 2018

There is no such thing as a common law marriage in Louisiana. Also, personal injury proceeds are the separate property of the injured spouse in Louisiana; therefore, you would not be entitled to a portion even if you were legally married.

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2 Answers | Asked in Civil Litigation and Estate Planning for Louisiana on
Q: Can the usufructuary sell real estate (rental property) without the consent of the naked owners ?

Just seems to me that as naked owners, we'd have to approve, sign any change of deed or ownership, but that's why I'm asking, I don't know.

Christie Tournet
Christie Tournet
answered on Feb 12, 2018

Under a default, legal usufruct granted by law when someone passes without a Will, No. However, by Testament, the Testator can grant the usufructuary the right to sell and the usufruct then attaches to the proceeds. So, whether the usufructuary can sell or not depends upon the type of usufruct... View More

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