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Property is real estate, concern is for sale or depreciation due to neglect or misuse by person with usufruct.
answered on Feb 9, 2018
The usufructuary has obligations to prudently administer the property, maintain, it, and perform repairs. The usufructuary can be called (by suit) to answer for losses resulting from his fraud, default, or neglect. La. C.C. Art. 576. So, if the usufructuary has defaulted on these obligations,... View More
answered on Nov 21, 2017
You can get all of Louisiana codified state law here: https://www.legis.la.gov/legis/lawsearch.aspx
There is no Civil Code Art. 996 nor code of Civil Procedure Art. 996. Not sure what you are looking for.
$500 for what he says is 2 hours of work. How do I get my money back like he originally stated ?
answered on Apr 26, 2017
A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can... View More
answered on Mar 30, 2017
If an unfavorable judgment has been entered against you, you should contact an attorney immediately. In most cases, the only way to get a final judgment reversed is to file an appeal. There are very tight - and strict - timelines for filing a notice of appeal in both federal and state court. In... View More
answered on Mar 29, 2017
No but it's a statement and should be saved at all costs.Phones get wet. Information gets wiped out.
A default judgement was entered against me. When I appeared in court for the Judgement of Debtor Examination, the attorney representing the insurance company never showed up. The judge let me go and said the attorney would contact me to reschedule. That was over a year ago and I haven't heard... View More
answered on Mar 12, 2017
Consulting with an attorney to take care of this situation would be prudent of you. An attorney can help you to dismiss the judgment against you or at least make sure that it is not left open and give you some closure.
a default judgment was rendered and now a petetion for wage garnishment. i contacted the sheriffs office and the officer couldnt remember actually serving me so the supervisor reissued on 1/03/2017. Is this grounds to vacate judgement due to improper service
answered on Jan 6, 2017
If you can prove that you were not served, then you have a basis to vacate the judgment (and stop the wage garnishment). The re-issuance on 1/3/17 does not necessarily mean that service was made in 2016. Proof of service at the time of filing the complaint should control. Since there is a petition... View More
I obtained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day to answer. Me not knowing she gave such permission went on the record and obtained judgment. Opposing attorney is now filing for a vacate judgement so what are my legal grounds I... View More
answered on Jul 9, 2016
No, it's not malpractice to give what are normal professional courtesies. If your former counsel gave the extension, and the other side relied on it, and they filed the answer in time, I suggest you tell them you will agree to vacate the judgment and allow them to answer--a judge will do it... View More
The opposing counsel noted case law in their pleading that does not exist it is totally bogus. In fact the opposing counsel misquoted the factual background of the case to the Judge. On top of that the opposing counsel did not follow the District Court Rules, and the Judge remarked that he knew it,... View More
answered on Nov 13, 2015
If OC cited a case that doesn't exist, find the volume and page of the reporter indicated in OC's citation (i.e., if the citation was Smith v. Jones, 23 So. 3d 286, 288, you would find those pages.). Print out that page and attach it to something you file with the court.
I checked LAED Local Civil Rules and am unsure if you are just supposed to file a response motion
answered on Jul 4, 2014
Assuming you are the plaintiff, and the answer you are referring to is the Answer to the Complaint you filed, you only need to file a response if the Answer contains a counterclaim against you. On the other hand, if you filed a motion and the other party filed a response to your motion, you would... View More
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