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Louisiana Consumer Law Questions & Answers

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on

Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.

Ellen Cronin Badeaux answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Consumer Law, Contracts and Banking for Louisiana on

Q: How can a dentist draw $32k in my name? “Without” me seeing contract from lender (signing). terms, conditions, interest

Informed in dentist office the paper work signed only pre qualified me. Did not know an active loan was in place until payment reminder came in mail from lender. Every “TILA” law was crushed in this whole process by said Dentist office and said lender. Both are working in conjunction against me... Read more »

Bruce Alexander Minnick answered on May 23, 2019

Assuming that you had the expensive dental work done the written documents you signed allow the dentist and the creditor to collect the money you agreed to pay from you; it doesn't matter what you were told before the procedure. If you are unhappy about the interest rate, contact a Louisiana lawyer.

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

Q: Someone took out a title loan that I am cosigner on but the loan company did not require my signature. Legal?

I did not know about the loan put on the car but I am part owner and they did not ask for my signature.

Bruce Alexander Minnick answered on May 7, 2019

If the title to the car is written the same way most are, the two owner names are either unconnected or are separated by the word "or" which in either case means the car is owned equally by the owners. If so, then each owner can sell the car, or possibly take out a loan against the car; however,... Read more »

1 Answer | Asked in Consumer Law and Child Support for Louisiana on

Q: Is a state child support agency liable under FCRA requirements for credit reporting? Can I sue if they won't fix error?

Dealing with child support enforcement agency in Louisiana. The order is an out of state order. Only Louisiana, where I currently live, is reporting on my credit. But they are reporting incorrect info and details. I have filed dispute with the CRA as required by FCRA. Support Enforcement... Read more »

Douglas Lee Bryan answered on Apr 23, 2019

You need to file something in court to have the amount they're alleging as arrears changed, if they refuse to do so voluntarily.

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

Q: Sold motorcycle 4000tofriend 500down500every2 weeks paid2 timesnow he in jail I have title how do I repo it backbeen 6 m

Been 6 months now

Bruce Alexander Minnick answered on Apr 4, 2019

If you have the title--and if it is still in your name only--there is no need to "repo" the bike. If the title is already in your friend's name you will have to take appropriate steps to repossess it.

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on

Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on

Q: Can a lawyer file a mortgage modification with missing documents to obtain a executor process to seiz property

I was fighting citi mortgage for over 5 years with a dispute in my modification sign contract, the contract states in full detail that I had a full year before their could Do any changes to my sign contact . Before a month was up they raise it, I refuse to pay it, and they foreclosed and we went to... Read more »

Douglas Lee Bryan answered on Jun 8, 2018

If the bank is attempting to foreclose on your house, you need to get an attorney as soon as possible. Let the lawyer know that what the bank has filed is not a complete copy of the agreement, and they will address that issue for you. if you can't afford an attorney, contact your local Legal... Read more »

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

Q: If the police never received a statement of theft before you were released with a summons are the charges dropped?

Significant other was arrested for skip scanning stuff at Wal-Mart and transported to the police station. The officers let her off with a summons due to no previous criminal history and never recieved a statement from Wal-Mart before releasing her. Does this mean the charge of "theft under $750"... Read more »

Ellen Cronin Badeaux answered on May 5, 2018

No that has no effect on the charges

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

Q: Good Morning, My husband is in the process of doing a mortgage and I have debt that was acquired before marriage.

According to Civic Code 2363 my obligations can be separate from him, correct? 2nd part of my question is ....Is a prenup required in order to enforce CC2363?

Ellen Cronin Badeaux answered on Apr 27, 2018

Well you are already married so you can't do a prenup. But you can do a post nup. Contact a family law attorney.

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on

Q: Do I have to sign an authorization first before work can be done to my vehicle?

I left my car at a body shop for an estimate that I have yet to receive. I called to check in with the owner and he was supposed to call me back with the estimate. It's been two days and I haven't heard anything. I haven't authorized any work to happen because I haven't been given a set estimate.... Read more »

Peter N. Munsing answered on Sep 5, 2017

Generally no. But don't let grass grow.

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on

Q: My son was shot his mom was killed we're in the hospital do I have to wait for cps to be released

Peter N. Munsing answered on Aug 31, 2017

You haven't given enough information to advise you. However if you were in any way involved do not give any facts on this website or any public website. Contact a criminal defense attorney.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on

Q: Can our policy be cancelled during litigation when all premiums have been paid?

Our church is being sued for a "trip and fall" and our policy has been cancelled for "failure to maintain our building". But no one has come to investigate the situation at all. it is as if the insurance company is taking the plaintiffs word on the matter. I am very frustrated. Any advice would be... Read more »

David Alan Wolf answered on Aug 24, 2017

You should consult with an attorney. It is odd that the insurance company is cancelling the policy for failure to maintain the building. Typically, policies are challenged by the carrier if there is a misrepresentation or a failure to pay the premium. There may be a way to force the insurance... Read more »

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on

Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

The storage was responsible for my belongings, I've lost everything I own for me and my three kids. I'm mentally out of it right now. I just lost my mom and brother which is hard enough, now this. I need help as to how to proceed with a law suit.

Christie Tournet answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability.... Read more »

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 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... Read more »

2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on

Q: Cartoon series called "The Ratman Chronicles". I buy the domain name - "www.ratman-chronicles-toys". Will I get sued?

I'm working to sell children's toys online as an affiliate marketer of Amazon.com. I am trying to determine if I'm legally allowed or permitted by The Ratman Chronicles authors/owners to feature the same words as are in the TV series title itself as a part of my domain name I purchased in order to... Read more »

Peter N. Munsing answered on Jan 18, 2017

The domain name I believe is OK. Thre rest of it is murky and you'd really need to get some advice to avoid major issues.

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1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on

Q: Does Louisiana law require drivers to carry collision and comprehensive (full coverage) on a leased vehicle?

Robert Martin Louque Jr answered on Aug 30, 2016

I am not sure if Louisiana law requires it but I am willing to bet the rental car agency requires it as a condition of renting their $15,000+ vehicles, in case you wreck it. Most people do not have $15,000+ lying around and the rental car agency is within its rights to protect itself and its... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on

Q: a car had parked on my property for 2 years what can I do?! Damages to my property and the own is TD Bank what can I do?

the bank know of this and had hired a lawyer to retrieve the vehicle but after 2 years and the lawyer is threaten me of a lawsuit if I don't let them take it! But they owe me storage fees or property damage?! Right?!

Robert Martin Louque Jr answered on Aug 24, 2016

I am assuming you do not have a license as a vehicle storage facility nor a business license so no they do not owe you storage fees, especially if this is your vehicle they are repossessing.

2 Answers | Asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana on

Q: I was sued ifor over $24,900 for a $5,100 loan (estimate) A vehicle was repossessed for collateral in 2003. Is it legal?

Lawsuit in 2003, 1999 truck repossessed in 2004, default judgement in 2003..Revived judgement in 2012 & wage garnishment after my wife (married 2012) in 2015 for community regime . Claims to not have sold vehicle for collateral .. Is this legal ? I ordered a car fax & vehicle was sold less than 45... Read more »

Peter N. Munsing answered on Aug 3, 2016

You need to consult someone who represents consumers. Go to www.naca.net

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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...
Read more »

1 Answer | Asked in Consumer Law for Louisiana on

Q: Is there any law against being reported deceased by a company and this information disseminated?

Samuel John Ford answered on Feb 26, 2016

You may have a cause of action depending on a few factors:

1) who is reporting the inaccurate information? If the company qualifies as a credit reporting agency, you may have a right of action under the Fair Credit Reporting Act. If not, other laws may protect you.

2) Who was the...
Read more »

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