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Louisiana Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Estate Planning for Louisiana on
Q: What rights do I have as naked owner to assure the value of my portion of the estate under usufruct ?

Property is real estate, concern is for sale or depreciation due to neglect or misuse by person with usufruct.

Christie Tournet
Christie Tournet
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

1 Answer | Asked in Estate Planning and Civil Litigation for Louisiana on
Q: What is Louisiana civil code 996 and where can I get a copy
Morgan Travis Allison
Morgan Travis Allison
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.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

$500 for what he says is 2 hours of work. How do I get my money back like he originally stated ?

Douglas Lee Bryan
Douglas Lee Bryan
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

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: how to reverse a final judgement?
Charles Joseph Stiegler
Charles Joseph Stiegler
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

1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Libel & Slander for Louisiana on
Q: Can text messaging from a witness be construed as deposition?
Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What happens when a creditor fails to appear at the Examination of Judgement Debtor?

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: hi, there was a suit filed against me and an affidavit of personal service on 2/04/16. i never received the service and

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

Jeffrey Michael Haber
Jeffrey Michael Haber
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

2 Answers | Asked in Civil Litigation, Communications Law and Legal Malpractice for Louisiana on
Q: tained a default judgement and my attorney whom I fired did not confer with me to give opposing counsel a extra day

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

Peter N. Munsing
Peter N. Munsing
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

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1 Answer | Asked in Civil Litigation for Louisiana on
Q: How do I prove that case law quoted in a pleading does not exist?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: What do you do after receiving an answer from the opposing party in federal district court?

I checked LAED Local Civil Rules and am unsure if you are just supposed to file a response motion

Charles Snyderman
Charles Snyderman
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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