Louisiana Contracts Questions & Answers

Q: Looking to revise a performance agreement so that the performer would be restricted from performing 90 days before.

1 Answer | Asked in Contracts for Louisiana on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
You can try to add anything you want, but if there is already an agreement in place the other side will have to agree to allow you to add the new language.

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

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
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.

Q: Is there a period of time regarding when I can cancel a signed contract for future treatments with an acupuncture Dr.?

2 Answers | Asked in Contracts for Louisiana on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
You are probably not going to get any answer here because lawyers must have a chance to read the written documents comprising the contract for future visits before advising you. Contact a local lawyer.

Q: How do I get out a lease in Louisiana,if I can’t sublet it or move to the state? It’s not to begin till August.

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
Since the lease term does not begin until August you have much more time to work this out with the new landlord than it should take; and the landlord has a great deal of time to find another tenant too. Get on it.

Q: Can not deliver original petition by Marshall or PI in Louisiana after four documented attempts. What is my next step?

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

Q: Trying to serve an original petition. Marshall and private investigator did not find the person. How do I proceed?

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

Q: Hi, my mother recently passed away i have 2 brothers 2 sisters so we own the house do i have to sign a lease. And insura

1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Louisiana on
Answered on Mar 27, 2019
Bruce Alexander Minnick's answer
Unless the house still has a mortgage on it, I am tot sure who "they" are, and why "they" are requiring you to pay rental insurance. IMO the most important issue here is to remain in the house until the deed is changed to your name. That will probably require court action, i.e. probate.

Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on
Answered on Sep 10, 2018
Christie Tournet's answer
There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.

Q: Is lease still valid if no guarantor signed yet

1 Answer | Asked in Contracts for Louisiana on
Answered on Aug 28, 2018
D. Alex Onstott's answer
The answer depends on the exact language of your lease. However, generally, when you sign a document, you are agreeing to its terms. A guarantor is typically required by the lessor; and provisions of a contract which exist to protect the lessor may not be relied upon by the lessee to invalidate the lease.

You also mentioned roommates who might have forged or altered your signature, and a landlord who seems to be changing the rent. These are issues that should be discussed with an...

Q: A contract between two family members with two witness signatures is that legal paper without a notary stamp

1 Answer | Asked in Contracts for Louisiana on
Answered on Aug 28, 2018
D. Alex Onstott's answer
As with most legal questions, the devil is in the details when it comes to contract validity.

Most contracts don't require notarization or witnesses, nor do they need to be written, in order to have effect. Writing your agreement is almost always advisable, since it memorializes the intentions of the parties for later reference, and to settle any disputes about the agreement that may come up in the future. For that reason, most attorneys will advise you to get all agreements that you...

Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current

2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Civil Rights for Louisiana on
Answered on Aug 15, 2018
Ellen Cronin Badeaux's answer
Give your insurer power of attorney to deal with your lien holder.

Who was found at fault in the accident?

Q: The vehicle that was leased is in Lake Charles and he doesnt have the money to make it to the dealership or lessor.

1 Answer | Asked in Contracts, Criminal Law and Business Law for Louisiana on
Answered on Jul 22, 2018
Ellen Cronin Badeaux's answer
He would be better off having it towed, rather than having them pick it up because their fee will be huge.

Q: Can you sign your share of an estate over to another share holder (sibling) without a secession in LA?

2 Answers | Asked in Contracts, Estate Planning and Probate for Louisiana on
Answered on May 28, 2018
Douglas Lee Bryan's answer
Yes, this can be done. An attorney familiar with successions and property law can help you do this. Give me a call and I'll be happy to discuss further.

Q: My child is now emancipated he's 19 I am still paying child support I am paying arrears my son never received any money

1 Answer | Asked in Contracts, Family Law and Child Support for Louisiana on
Answered on Mar 23, 2018
Ellen Cronin Badeaux's answer
Your son is a major, not emancipated. You are paying arrwars, not ongoing. To change the recipient, you can't "file paperwork". You need an attorney to research the issue and file a Motion. This is not something that can be done with a form.

Q: My soon to be ex-wife wants a payoff from me in order for me to retain full ownership of the marital home. Bill of sale?

2 Answers | Asked in Contracts and Divorce for Louisiana on
Answered on Mar 15, 2018
Douglas Lee Bryan's answer
An Act of Sale would be the proper document, not a bill of sale. Your attorney can prepare this for you.

Q: How do i go about getting my exboyfriend out of my home? I rented my home way before he came into the picture.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Louisiana on
Answered on Dec 21, 2017
Christie Tournet's answer
If he is not on the lease, then he does not have a right to be there. However, without the Lessor cooperating, it may be difficult to force him to leave, as the landlord is the one with ownership rights and can force an eviction. So, check to see if the lease shows him as tenant also and if the Lessor will cooperate. Also, if he is staying without paying rent, then you have a claim for unjust enrichment. See if you can get him to move by threatening an unjust enrichment claim for all months...

Q: How can i get work authorization. I'm married to a US citizen. My current visa is F1.

1 Answer | Asked in Contracts and Immigration Law for Louisiana on
Answered on Dec 13, 2017
Edit Stelczner's answer
Your US citizen spouse will need to petition for you by filing the form I-130. You will likely be able to file the adjustment application (green card application) along with the petition and from the date of filing you would receive employment authorization (work permit) in about 4 months. I strongly recommend working with an immigration attorney so you can get through this process without any unnecessary delays or mistakes. Congratulations on your marriage!

Q: Can i have someone removed from my appartment thats not on the lease dont pay rent and recieces no mail there

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Oct 11, 2017
Christie Tournet's answer
If the person is not a listed occupant on the lease and pays no rent, then you can end whatever invitation you extended for them to "visit" at your residence. Whether law enforcement will want to get involved is another issue - they likely will only get involved for criminal trespass matters. You may need to handle it through civil/small claims court by getting an eviction, if the invitation termination and law enforcement avenues do not pan out.

Q: If I broke a lease can my landlord decide not to rent the apt after i'm gone to make me responsible for the remaining

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Sep 18, 2017
Christie Tournet's answer
The landlord may be entitled to certain relief under the contract, but it also cannot sit back and refuse to market and lease the property in attempt to collect greater damages. The landlord has a duty to mitigate its damages. So, whether the landlord marketed, showed, and attempted to lease the property will likely be at issue. Also, if you have any written correspondence showing prior issues with the landlord entering your premises - in a method that violates the lease between you -- that...

Q: Our landlord forgot to get us to sign the lease, can I leave ? & would I get my deposit back?

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Louisiana on
Answered on Sep 12, 2017
Christie Tournet's answer
A lease agreement need not be in writing to be binding. An oral lease is valid under Louisiana law. And, the payment of an set monthly price tends to support that an agreement as to the thing, price, and term was reached. Still, the fact that the lease was not reduced to writing may help simplify reasons for terminating the agreement - especially, if there are concerns as to a safe habitat. Still, it may be prudent to advise in writing of the reasons for concern, provide a time period for...

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