Lawyers, Answer Questions  & Get Points Log In
Louisiana Collections Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Louisiana on
Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?

I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 9, 2023

Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More

1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

2 Answers | Asked in Consumer Law, Collections and Communications Law for Louisiana on
Q: I was served a judgement in Dec 2022 but I was not served to go to court for the original court hearing. Should I have

been served? The loan company manager was coming to my house sitting on his horn for 5 min. and calling my company allday Is that legal? I did send in a letter saying I deny the debt. they set a court rule to show cause hearing 7/31. I went and they said the judgement was already filed March of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2023

You indicate that there is a judgment against you signed in March, 2023 which means the customary legal delays to appeal have passed. As such, in order to get the judgment overturned, you really need to meet with an attorney and specifically discuss your case/situation to determine if you have... View More

View More Answers

3 Answers | Asked in Bankruptcy, Business Law, Collections and Consumer Law for Louisiana on
Q: Hello, I’ve paid a debt collector last year through a 3rd party collection agency. Now another agency ask for payment.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 24, 2023

You don't ask a question here, just offer up a few facts.

Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.

I strongly advise you to consult with a professional about your entire debt/asset/income...
View More

View More Answers

1 Answer | Asked in Collections, Consumer Law and Contracts for Louisiana on
Q: I am helping someone in dealing with a debt collection suit. How to be successful with dismissal in their favor?

The Credit Card debt is for roughly 9K. It appears the last payment (per credit report) was April 2022 thus we are aware SOL expiration would not apply. We are looking to challenge the debt buyer’s burden of proof as it relates to legitimacy in rightful ownership of this debt in addition to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 17, 2024

You are asking an online attorney to give you legal advice for someone else's benefit. That's the unauthorized practice of law, were someone on here to do that. I recommend that your friend retain an attorney.

2 Answers | Asked in Contracts, Business Law, Collections and Gov & Administrative Law for Louisiana on
Q: Is a b2b customers continued purchases count as agreeing on interest we advised we would charge on past due balances?

I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More

View More Answers

1 Answer | Asked in Small Claims and Collections for Louisiana on
Q: I was never served papers for a judgement ona vehicle loan via court and they started garnishing my wages is that legal

I also have a letter from the company stating that I had been cleared from any judgement or Lein on the vehicle

Joel Gary Selik
Joel Gary Selik
answered on Jul 26, 2023

Based on these facts you may have a valid lawsuit against them. Consult with collection defense attorneys.

You may want to review the court file to see how they claim you were served and file a motion to set aside the judgment.

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Collections for Louisiana on
Q: Received a Citation-15th Judicial District Court (studentloandebt) What do I do if can't pay in full to dismiss my case?

I received a Citation and being sued by my university for not paying my debt in full. It mentioned in the docket letter that I must pay in full amount (about 6k) which I do not have in my bank account. There are no other option of repaying my debt other than in full if I wanted my case dismissed.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

You can hire an attorney and see if the attorney can work out a resolution of your case with the suing party. Please note that since you have been sued and served with a citation, you have a certain period of time in which to respond to the lawsuit or the suing party can seek a (default) against... View More

1 Answer | Asked in Consumer Law and Collections for Louisiana on
Q: Can I file a pleading to a civil summons in person at the courthouse (as there is a filing fee) within the 10 day period

as opposed to via certified mail? Am I required to send a copy of my response to the plaintiff’s lawyer within the 10 day period as well, or can that be a day or so late as long as it’s filed with the court on time? This is Jefferson Parish, Louisiana, 2nd Parish Court. Thank you so much.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 29, 2022

Basically, yes, yes, yes, however a person who represents himself might also be considered a fool. That said, at a minimum, I would seek a consultation with a lawyer--pay him for 30 minutes ----1 hour of his time to obtain advice and suggestions on what to do/how to do it if you are intent on... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... View More

1 Answer | Asked in Collections for Louisiana on
Q: Hello, I've had a Lien on my property from a POT OF GOLD company that my contractor hired while building my house. I did

not know about the lien but since the contractor did not pay the company they issued a lien. It's been 10 yrs can I have the lien removed?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 4, 2022

if you have a copy of the lien, then you should contact a construction lawyer or perhaps a collections or real estate lawyer and find out how long that lien is valid. Once you are aware of that, then you can decide how to proceed.

2 Answers | Asked in Collections and Traffic Tickets for Louisiana on
Q: I received tickets back in 2017&2018 they are sent to a collection agency in Texas. What should i do??
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 22, 2021

You should contact a lawyer and provide more information to the lawyer, such as what type tickets, the status of the tickets, where and who issued the tickets, and what you are trying to accomplish at this time. Good luck.

View More Answers

1 Answer | Asked in Collections for Louisiana on
Q: I'm getting sued for my Father's debt, that was established when I was a minor. I have a summons to court. Help?

I have responded to the summons, say I can't afford his debt. Now I have to go court to see what decision will be made by his hospital bill

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 7, 2021

More information is needed to answer this question, such as why do you or anyone else believe you are responsible for your father's debt? You should consider hiring a lawyer to defend you----the entity suing is represented and very much willing to take advantage of a non-represented person.

1 Answer | Asked in Collections for Louisiana on
Q: I have been sued for medical loan and was served but not personally. A family member received it. How do I respond?

Medical loan from out of state bank in New York. Do I admit or deny?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 6, 2021

If you fail to respond timely, then the creditor will seek a default judgment against you so please make sure you handle this timely. If you have the resources, I would contact an attorney in your area---collections or general practice---and discuss this matter with them, obtain your options and... View More

1 Answer | Asked in Criminal Law, Collections and Identity Theft for Louisiana on
Q: If I did not write a worthless check on Dec 19, 2019 and receive a final notice from Caddo parish what can I do?

I got this 3/25/21and the amount owed is 732.61 to drug emporium. The account has been closed that the check was written on and NO ONE WOULD accept this if the business has TELECHECK.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 2, 2021

1) File an incident report with the bank,

2) File a criminal complaint with the Sheriff.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

1 Answer | Asked in Consumer Law, Traffic Tickets, Civil Rights and Collections for Louisiana on
Q: If a impounded vehicles registered owner transfers his vehicle to someone does that person become responsible for fee

That has already been acquired ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 25, 2020

Yes. Impounded vehicle will not be released without fee being paid.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.