Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Collections Questions & Answers
2 Answers | Asked in Civil Litigation, Collections and Contracts for Louisiana on
Q: I filed an answer to dismiss a petition on an open account summons. What should I do next without a discovery request?

About 30 days ago, I filed an answer to dismiss a petition related to an open account summons I received. However, I did not send a discovery request at that time. I am seeking dismissal of this action. Since filing the answer, I have not received any responses or additional documents. I am... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 27, 2025

It sounds like you are proceeding without an attorney---and that's your choice---however, I would recommend you have an in person consultation with a debtor attorney to discuss the specifics of your case---that is, proceed with similar to your post but actually have a consult and discuss with... View More

View More Answers

2 Answers | Asked in Bankruptcy, Collections and Estate Planning for Louisiana on
Q: How to protect inheritance investment from creditors when in debt and on disability?

I am 65 years old and on disability, with a debt of $20,000, some of which has gone to collections. I am not receiving any legal notices and have no current payment arrangements in place. I expect to receive a fairly large inheritance in October and plan to invest it with a broker in another city.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2025

You need to consult with a lawyer about asset protection. Keeping the money in another State helps alot but is not perfectly protecting it. Your disability income may be terminated. And if not, you could get prosecuted for keeping both. LA' s Exemption laws should be examined. I... View More

View More Answers

2 Answers | Asked in Collections and Consumer Law for Louisiana on
Q: Can a collection agency threaten court action via emails and texts?

I have been making $25 to $50 payments to a collection agency named Anderson, but they are threatening to send my file to the main courthouse. I suspect this might be a scam to extort money, as their communication mainly comes through text messages via email and databases. Can they actually take... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 11, 2025

Let's make sure we are on the same page. A collection agency doesn't own the debt- it is assigned the debt from the owner of it, the creditor. A collection agency, unless it has a specific agreement with the creditor, cannot sue you on its own. It must refer the debt to an attorney for... View More

View More Answers

2 Answers | Asked in Collections and Civil Litigation for Louisiana on
Q: Can I file an answer to a debt collection petition without an attorney in Louisiana?

I have received a citation regarding a debt collection case on July 1, 2025, with a 10-day deadline. This is my first time handling a legal matter without an attorney, and I am wondering if I can file my answer and any exceptions through the civil court on my own. What steps should I take to do... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2025

Yes, you can-----representing yourself does not change the fact that you are subject to the law and procedure of a Court--including the 10 day deadline--- however you can represent yourself. I suggest that you contact the Clerk of the Court this matter was filed in and ask if they have a help desk... View More

View More Answers

2 Answers | Asked in Civil Litigation and Collections for Louisiana on
Q: How to enforce judgment for awarded money in civil suit?

I was awarded money by a judge from a civil suit, but I don't know how to get the other party to pay me. I haven't contacted them yet. They own a roofing company in Dallas. The judgment did not specify a deadline or instructions on how payment should be enforced. I'm considering... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 22, 2025

It is not the Court's job to tell you how to collect the judgment, but you are on the right track. Since the judgment is entered in Louisiana but your defendant is in Texas, you will need to make the Louisiana judgment into a Texas judgment. The way that you do that is to hire an attorney in... View More

View More Answers

2 Answers | Asked in Collections and Contracts for Louisiana on
Q: How can I recover a $5,000 loan from a borrower who hasn't repaid?

I loaned someone $5,000, which is less than what they actually owe me. I have text messages from the borrower confirming they will repay me. They've indicated they will pay me back this week. However, I had to send $150 for the transfer, and I still haven’t received the repayment. Could you... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 18, 2025

Short version is that in general, if you believe someone owes you money and the borrower does not voluntary re-pay, then you will have to sue him in civil court. Now, the specifics and terms of the transaction will determine the strenght of your case---I highly recommend that you contact a... View More

View More Answers

1 Answer | Asked in Collections and Civil Litigation for Louisiana on
Q: Can I appear in court anytime within 10 days after service without risking default?

I received a petition today stating that I owe $6,904.62 plus 8.25% interest, 25% attorney fees, and costs. There's no original judgment date mentioned. Can I appear in civil court anytime within ten calendar days after service without risking a default, or should I go as soon as possible? I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2025

The Petition is the vehicle which starts the process to obtaining a judgment against you. The citation attached with the petition should tell you how many days you have to respond (or Answer) the petition before the petitioner may seek a default judgment against you----based on your post, it... View More

2 Answers | Asked in Collections, Education Law and Contracts for Louisiana on
Q: Is there any way to get out of paying an unreasonable loan?

I signed a student contract agreement that I didn’t realize stated that I could never cancel the program or withdraw. Additionally, they’re going to make me pay the loan even though the program hasn’t started yet and I will not be completing anything in the program.

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
answered on Aug 13, 2024

It is very hard - if not impossible - to get out of student loans/student contract agreements.

For example, student loans cannot be discharged even through Bankruptcy proceedings. Further, Louisiana law is clear that in contract disputes, the contract signed by the parties is the law...
View More

View More Answers

1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... View More

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 Public Benefits for Louisiana on
Q: How to submit a hardship request to stop wage garnishment for credit card debt in Louisiana?

I am currently experiencing wage garnishment for credit card debt and am looking to understand how to submit a hardship request to stop it. I am a single mom on food stamps and Medicaid, with a weekly take-home pay of only $500. Can you advise on the process or necessary documentation to file a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2025

You are not powerless—file a Claim of Exemption and Request for Hearing in the same Louisiana court that issued the judgment to stop or reduce the wage garnishment. Title it “Claim of Exemption (La. R.S. 13:3881) and Request for Hearing/Stay” and use the exact case caption and number.... View More

1 Answer | Asked in Collections and Business Law for Louisiana on
Q: Collection agency harassing mother over business debt she didn't assume responsibility for.

My mother is listed as a manager on the Secretary of State records for a business that is no longer functioning. A collection agency for a merchant cash advance company is calling her, threatening to freeze her bank account if she doesn't pay money owed due to my business defaulting on... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Your mother should first inform the collection agency that she did not sign any loan documents and is not personally responsible for the business debt. Although she is listed as a manager on the Secretary of State records, this typically does not make her personally liable for business debts unless... View More

2 Answers | Asked in Collections and Civil Litigation for Louisiana on
Q: What form to file for an unpaid bill citation response in 18th JDC?

I received a citation for an unpaid bill amounting to $3,738.85, which was filed with the 18th JDC. I need to respond within 21 days. What form do I need to file to answer the petition?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2025

You need to file an Answer within the legal time limits or you are subject to a judgment being rendered against you for your failure to respond----personally, I strongly recommend that you consult, if not also hire, an attorney to assist/represent you. Consulting with an attorney should provide... View More

View More Answers

2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Are there exemptions to protect my $12,000 vehicle from a loan default judgment in Louisiana?

I am 66 and facing a loan default judgment in Louisiana, with the court date in one week. I'm concerned about exemptions regarding my personal property, specifically my vehicle, which is valued at approximately $12,000. The default amount is around $16,500, and I have no real property besides... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2025

There are no exemptions that can be used against the seller who loaned the money and is seeking judgment. Exemptions are potentially available against all other parties seeking to re over, though.

View More Answers

1 Answer | Asked in Collections and Gov & Administrative Law for Louisiana on
Q: Year Louisiana passed RS 15.571.21 for past parole fee collection?

I recently received a letter stating that I owe over $3,000 in unpaid parole fees, even though I was released from parole in 2021 and complied with all my conditions. Now I'm being threatened with asset seizure. Can you tell me in what year Louisiana passed RS 15.571.21 allowing the Department... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It’s important that schools provide students with reasonable access to restrooms, especially during the school day. If one or more bathrooms are closed due to malfunctions, the school should be actively working to fix the issue or offer alternatives to avoid overcrowding and delays. Students’... View More

1 Answer | Asked in Employment Law and Collections for Louisiana on
Q: Is it illegal for my employer in LA to issue bounced paychecks, and what can I do about it?

I am experiencing repeated issues with my employer issuing bounced paychecks. There is a history of this problem, and my bank now verifies funds before attempting deposits. Recently, my bank refused to deposit my paycheck even after my boss asked me to wait for a reissue. I have documented... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on both Louisiana state law and federal labor regulations, your employer's practice of issuing paychecks without sufficient funds is clearly illegal. Under Louisiana Revised Statute 23:633, employers must pay employees the full amount of wages due on regular paydays, and knowingly... View More

2 Answers | Asked in Bankruptcy, Collections and Real Estate Law for Louisiana on
Q: Received legal documents for sheriff sale; dispute needed as I owe nothing on home.

I owe a person $33,000, and I have been paying him $600 monthly since December 2024 after settling a portion through bankruptcy. Today, I received legal documents regarding a sheriff sale on my home, which I don't owe him anything on. What steps can I take to dispute or prevent the sheriff sale?

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Go get a complete copy of the file and take it to your lawyer immediately. More information from the file is needed to properly answer this question.

View More Answers

2 Answers | Asked in Collections and Traffic Tickets for Louisiana on
Q: A court collection agency in Louisiana is refusing to accept any payment less than a $100 on a past due ticket????

Three Open container tickets from Woodworth Louisiana went to collections and the collection agency is saying that I cannot make any payments less than a $100 they will only accept payments of a $100 or more is that legal can they do that

Jason Thomas Olivier
Jason Thomas Olivier
answered on Sep 12, 2024

Technically, they have been hired to the full amount you owe so they can refuse anything less than that. It isn't practical, but it's likely legal. I would send in the payment anyway. They will likely process it as that is cheaper than taking the time to mail it back to you. Good luck.

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 A. Warriner
Martha A. Warriner 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

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.