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Louisiana Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: My grandmother owns inherited property by my great great grandfather she gave legal written permission for me to move on

Now she wants to evict me. What are my legal rights

James L. Arrasmith
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answered on Mar 26, 2024

Your legal rights in this situation depend largely on the specifics of the written permission your grandmother gave you and the property laws in your area. If the document granted you the right to live on the property without conditions or for a set period of time, you might have grounds to contest... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: My grandmother owns inherited property by my great great grandfather she gave legal written permission for me to move on

Now she wants to evict me. What are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 25, 2024

Your post is unclear however the gist is what right do you have to be on the property? Is it written and if so, what are the terms? If there are no terms, then I would assume the owner has every right to ask that you leave and if you fail to do so then you are subject to eviction.

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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 Small Claims, Contracts and Criminal Law for Louisiana on
Q: Did a title loan with a friend and they ended up stealing my car.

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, it's important to take immediate action. First, review the agreement you made with your friend. This document will be critical in determining your next steps. If the terms have been altered without your consent, or if there's any evidence of deceit or fraud, this can... View More

1 Answer | Asked in Contracts for Louisiana on
Q: What can be done?

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Nov 20, 2023

In your situation, it's crucial to gather all documentation related to the title loan, including the agreement you mentioned and any records of communication between you and your friend. The terms of the agreement and the witness's testimony could be pivotal in resolving this issue.... View More

3 Answers | Asked in Consumer Law, Bankruptcy and Contracts for Louisiana on
Q: Can I sue credit acceptance?

I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More

Martha Warriner Jarrett
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answered on Oct 18, 2023

If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment... View More

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3 Answers | Asked in Consumer Law, Bankruptcy and Contracts for Louisiana on
Q: Can I sue credit acceptance?

I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More

James L. Arrasmith
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answered on Nov 5, 2023

You may have grounds to dispute the actions taken by Credit Acceptance, especially if you believe there was any misrepresentation or fraud involved in the sale and financing of the car. The viability of a lawsuit against Credit Acceptance would depend on the specific terms of your contract, the... View More

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1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Is a company mandated to provide a receipt in Louisiana?

I hired a company to remove a tree but they have not given me a receipt to show the insurance comapany.

T. Augustus Claus
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answered on Sep 7, 2023

In Louisiana, there is no specific state law that mandates companies to provide a receipt for services rendered. However, providing a receipt is a common business practice and is typically considered good customer service. It helps both parties maintain a record of the transaction and can be useful... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: People that pay us every month for deceased parents property want to tear down and sell and it not even theirs yet!? Hel

Please they plan on doing it Monday...how can they do this

John Michael Frick
John Michael Frick
answered on Jun 18, 2023

If title to the property is not in their name, they most likely have no legal right to tear down a structure on the property. If title to the property is in your name, you likely have standing to enjoin them from tearing down the structure.

Seek the services of an experienced real estate...
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1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
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answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... View More

1 Answer | Asked in Car Accidents, Consumer Law, Contracts and Products Liability for Louisiana on
Q: Car was involved in a MVA in July 2022. Car is still in the shop 9 months later. Car was 1 year old when MVA happened

Honda Motors has been unable to provide a replacement seat belt part. I have been in contact with Honda Motors and the repair shop EVERY month and each month they say the part is coming but then gets pushed back every month. It is now 9 months and they have told me again that the part was coming... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

You need to contact a lawyer to discuss the specifics of your matter. I do not know if you were at fault in the accident and/or how ypour repairs are getting paid, but most lawyers who handle motor vehicle accidents will provide you a free initial consultation---use the Justia Find a Lawyer tab... View More

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: I was served a citation for a defaulted loan. Myself and the loan company have since made an agreement. How do I respond

I was served on the 21st, we made the agreement on the 22nd, and I need to file a pleading by the 31st.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 24, 2023

You need to file some sort of pleading, which I would suggest be an Answer, so that the loan company cannot seek a judgment without your being aware of it. Also, if you have the finances at this time, I suggest you contact a lawyer and ask for a 30 minute consult to discuss this case as well as... View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

James L. Arrasmith
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answered on Mar 4, 2023

The laws regarding renewed judgments vary by state. In general, a judgment creditor may be allowed to renew a judgment before it expires to extend the time period in which they can collect the debt.

In some states, a judgment can be renewed indefinitely as long as the creditor continues to...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Louisiana on
Q: What is the law on renewed judgements? I had a judgement renewed after the 10 years was over. See more.

In 2012 I fell behind on mobile home loan and was told if not caught up It would be repossessed. I immediately caught it up but they said judgement would stay for the remaining loan term and i didnt need to go in every 3 years like before when loan matured. It was financed for 12 years only the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 22, 2023

You have a lot of information and most people who want to provide you an informed answer would like to see a copy of the original judgment and when it was recorded as well as a copy of the "renewed" judgment and when it was recorded to see if the process for revival of a judgment was done... View More

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1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Do the By-Laws and the Rules and Regulations of an HOA have to be publicly recorded in Louisiana to be enforceable or

is it just the Restrictive Covenants that must recorded with the Clerk of Court?

Thank you very much,

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

In answer to your question, I contend it is just the covenants which are required to be recorded with the Clerk of Court. On the other hand, if the HOA has non-recorded rules and regulations, then it certainly should notify new property owners of its existence and have some sort of mechanism to... View More

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... View More

1 Answer | Asked in Civil Litigation, Contracts and Land Use & Zoning for Louisiana on
Q: how do one buy a community land without the fear of be dupe
Jason Thomas Olivier
Jason Thomas Olivier
answered on Mar 10, 2024

I am sorry but we need more information to be able to assist you. What is "community land" and have you been dupe before? In what way?

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 Warriner Jarrett
Martha Warriner Jarrett 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

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1 Answer | Asked in Identity Theft, Contracts, Criminal Law and Small Claims for Louisiana on
Q: Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone... View More

Jason Thomas Olivier
Jason Thomas Olivier
answered on Nov 21, 2023

Obviously, this is an issue of fraud and conversion. But without seeing the agreement, there is not enough information. You definitely need to hire a lawyer.

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