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Louisiana Collections Questions & Answers

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... Read more »

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 Contracts, Collections and Landlord - Tenant for Louisiana on

Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

I've already posted eviction notices and the tenant has moved out as of march 18th 2017

Charles Joseph Stiegler answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to... Read more »

1 Answer | Asked in Collections and Small Claims for Louisiana on

Q: How much does it cost to have an attorney represent me in a suit over a debt (New Orleans area)?

Robert Martin Louque Jr answered on Aug 19, 2016

It usually depends on the amount you are being sued for and the court in which you are being sued. It can be as low as $600.00 and as high as $2,000 or more not including the court costs. Every attorney has a different fee structure. Some will charge a fixed fee and some will charge an hourly... Read more »

1 Answer | Asked in Collections for Louisiana on

Q: Can you appeal a wage garnishment? Its for a private student loan? There taking 25 percent. And I can't afford it.

Samuel John Ford answered on Feb 29, 2016

Wage garnishments are difficult to challenge once they have begun, however, you may have options if there was anything improper about the collection process or institution of the garnishment. State and federal laws protect consumers from unfair collection practices and it may be worth speaking with... Read more »

1 Answer | Asked in Collections for Louisiana on

Q: I signed a promissory note in 1999 in louisiana. It was one of those in case you win the lottery things. Now the estat

Is trying to collect. Never paid a dime. Filed bankruptcy but had forgot it existed so wasn't included. They say I'm responsible from 2010 on could this be a valid note still under louisiana law

Samuel John Ford answered on Feb 29, 2016

Generally, the limitations period for suing someone on a promissory note is five years. This means the creditor may have lost the legal right to enforce the alleged debt.The details of your situation, however, may change whether or not the debt is still legally enforceable.

I recommend...
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1 Answer | Asked in Collections for Louisiana on

Q: Can I sue a creditor in small claims court for loss of wages after they harassed me so much at work that I was suspended

I defaulted on a loan but have paid the creditor back. In the initial onslaught of the default the creditor called my job every hour on the hour for a week. They threatened to show up there and discussed my defaulted loan with whomever answered the calls. At the time I was out of state at a... Read more »

Samuel John Ford answered on Feb 29, 2016

You likely have a case against the creditor based on the actions you described and may be able to recover your lost wages.Small claims court, however, may not be the best venue for your claims. There are both state and federal laws that may be in play here and a consumer attorney will provide you... Read more »

1 Answer | Asked in Collections and Consumer Law for Louisiana on

Q: Can I dispute a bill I made a payment on in 2007? The bill is from Maryland College and I live in Louisiana.

I registered for online classes but failed to drop them. Can I still ask them to provide legal documentation which holds me accountable for this debt? I don't recall signing any paperwork.

Samuel John Ford answered on Feb 26, 2016

You likely can still dispute the bill and may have defenses to collection of the alleged debt. If you are being contacted by debt collectors, there are federal and state laws that provide dispute rights and protection from unfair collection practices.

I recommend speaking to a Louisiana...
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1 Answer | Asked in Collections for Louisiana on

Q: I have been served papers that I missed a court date from a bill collector. Can I go to jail for this?

I'm not working at the present time. My bills have fallen behind.

David B. Levin answered on Jul 27, 2015

You can't go to jail for not having the money to pay a bill collector, but you can be arrested for violating a court order. Even if you don't have the money to pay the debt, failing to appear in court is not a good solution.

If you don't understand the paperwork you received, please...
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