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Louisiana Collections Questions & Answers
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.

2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: I need to file bankruptcy. I hear that if I fall under a certain income that I can get free or at least financial Help??

I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??

Timothy Denison
Timothy Denison
answered on Jun 7, 2020

Check with your local bar association or legal aid society. They maintain lists of lawyers who handle cases for reduced fees or pro bono (free).

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1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Are you required to continue to pay a monthly supervision fee after becoming incarcerated?

I paid all my monthly fees while out on probation. I actually paid 75$ a month, whereas i was only ordered to pay 63$. I was was let off early for good behavior & was told all my fees were paid up & i was done. Shortly after i get a Governors Pardon. Then a bit later, i begin getting... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 29, 2019

They're not and you don't owe it. Send your P.O.a copy of proof.of.period of incarceration.

3 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Do I need to make payment of not ?

My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

When a bankruptcy is filed the lender usually stops accepting the payments online and you must mail them in. Sometimes they will send a payment book. Check with the bankruptcy attorney who filed the case.

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1 Answer | Asked in Criminal Law and Collections for Louisiana on
Q: Someone put a fake check into my account. have a photo copy. it’s clearly not my signature. What’s next??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 24, 2019

Go to the bank and report it immediately because someone has your account information.

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... View More

Timothy Denison
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
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... View 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
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... View 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
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... View 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
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... View More

Samuel John Ford
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... View 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
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
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...
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