Louisiana Consumer Law Questions & Answers

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

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on
Answered on Dec 26, 2018
Cristina M. Lipan's answer
There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

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

1 Answer | Asked in Consumer Law, Real Estate Law, Foreclosure and Legal Malpractice for Louisiana on
Answered on Jun 8, 2018
Douglas Lee Bryan's answer
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 Services office.

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

1 Answer | Asked in Consumer Law and Family Law for Louisiana on
Answered on Apr 27, 2018
Ellen Cronin Badeaux's answer
Well you are already married so you can't do a prenup. But you can do a post nup. Contact a family law attorney.

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

1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Answered on Sep 5, 2017
Peter N. Munsing's answer
Generally no. But don't let grass grow.

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

1 Answer | Asked in Consumer Law, Child Custody, Criminal Law and Wrongful Death for Louisiana on
Answered on Aug 31, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on
Answered on Aug 24, 2017
David Alan Wolf's answer
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 company to cover the claim.

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

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Answered on Jul 16, 2017
Christie Tournet's answer
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. But, certain circumstances may be able to overcome that, if they broke one of their obligations, i.e. did a gate malfunction? lack of security when promised? Also, sometimes homeowner's and renter's...

Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Answered on Apr 26, 2017
Douglas Lee Bryan's answer
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 be reached at https://www.ladb.org/. Good luck.

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

2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on
Answered on Jan 18, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on
Answered on Aug 30, 2016
Robert Martin Louque Jr's answer
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 investments.

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?

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Answered on Aug 24, 2016
Robert Martin Louque Jr's answer
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.

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?

2 Answers | Asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana on
Answered on Aug 3, 2016
Peter N. Munsing's answer
You need to consult someone who represents consumers. Go to www.naca.net

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

1 Answer | Asked in Collections and Consumer Law for Louisiana on
Answered on Feb 26, 2016
Samuel John Ford's answer
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 consumer attorney regarding the details of your situation so you can fully understand your rights.

**Please note that the above is general information and not subject to an attorney-client...

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

1 Answer | Asked in Consumer Law for Louisiana on
Answered on Feb 26, 2016
Samuel John Ford's answer
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 information disseminated to? This could bring in other laws.

3) have you been financially injured by this inaccurate information? The US Supreme Court is currently deciding whether a consumer...

Q: Do I need insurance on classic car only driven to car shows

1 Answer | Asked in Consumer Law for Louisiana on
Answered on Oct 16, 2015
Terrence H Thorgaard's answer
If your state mandates liability insurance for automobiles, yes, you need such insurance no matter how far you are going to drive it.

Q: If I'm in a two year contract with my network, who legally owns the phone? Me or the network?

1 Answer | Asked in Consumer Law for Louisiana on
Answered on Aug 21, 2015
Adam Studnicki's answer
The terms of your contract should be reviewed to answer this. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: Can I get out of a Pinnacle security contract that was issued five years ago but the original contract was for two years

1 Answer | Asked in Consumer Law for Louisiana on
Answered on May 29, 2015
Adam Studnicki's answer
Read the terms of the contract to be sure. From your question, it sounds like you can get out with 30 days' notice, but read the contract to verify. Be well.

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