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Louisiana Contracts Questions & Answers
1 Answer | Asked in Contracts for Louisiana on
Q: A contract between two family members with two witness signatures is that legal paper without a notary stamp
D. Alex Onstott
D. Alex Onstott
answered on Aug 28, 2018

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...
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2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Civil Rights for Louisiana on
Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current

On July 19, 2018 I was involved in a highspeed head on collision in my truck that resulted in it being towed to a local wrecking yard. I received traumatic injury to my left leg that required 2 surgeries and 24 days in the hospital. Upon my release on Saturday August 11, 2018 I began looking for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 15, 2018

Give your insurer power of attorney to deal with your lien holder.

Who was found at fault in the accident?

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1 Answer | Asked in Contracts, Criminal Law and Business Law for Louisiana on
Q: The vehicle that was leased is in Lake Charles and he doesnt have the money to make it to the dealership or lessor.

Is it acceptable and legal to park the vehicle and call the lessor for them to pick the vehicle up?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 22, 2018

He would be better off having it towed, rather than having them pick it up because their fee will be huge.

2 Answers | Asked in Contracts, Estate Planning and Probate for Louisiana on
Q: Can you sign your share of an estate over to another share holder (sibling) without a secession in LA?

There are six siblings, I want to sign my share of the house over to another sibling.

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 28, 2018

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.

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1 Answer | Asked in Contracts, Family Law and Child Support for Louisiana on
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

I am just finding all this out my son went to live with his step-uncle 60 days after he was placed in his dad's care I have been paying child support for over 3 years and he kept using it not for my child I want my change payee changed I have a copy of letter from the school my son's... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 23, 2018

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.

2 Answers | Asked in Contracts and Divorce for Louisiana on
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?

Would a detailed notarized bill of sale suffice until my divorce is complete, as she is wanting the money immediately?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 15, 2018

An Act of Sale would be the proper document, not a bill of sale. Your attorney can prepare this for you.

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1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Louisiana on
Q: How do i go about getting my exboyfriend out of my home? I rented my home way before he came into the picture.

He only paid 1 month of half the rent and utilities and he has stayed in my house for 3 1/2 months. He broke up with me and i told him he had a month to get a new place. Now he is telling me he won't leave till he finds a place. Mind you he broke up with me in the beginning of November, and it... View More

Christie Tournet
Christie Tournet
answered on Dec 21, 2017

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... View More

1 Answer | Asked in Contracts and Immigration Law for Louisiana on
Q: How can i get work authorization. I'm married to a US citizen. My current visa is F1.
Edit Stelczner
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Edit Stelczner
answered on Dec 13, 2017

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... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: Can i have someone removed from my appartment thats not on the lease dont pay rent and recieces no mail there
Christie Tournet
Christie Tournet
answered on Oct 11, 2017

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... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
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

Technically my landlord broke the lease first by entering my apartment several times while i was at work without my permission and the law states that when the lease is broken the landlord must actively be looking for a new tenant and once rented the last tenant would only be responsible for the... View More

Christie Tournet
Christie Tournet
answered on Sep 18, 2017

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... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Our landlord forgot to get us to sign the lease, can I leave ? & would I get my deposit back?

We've been living in this apartment for 2 months now, paid a $800 deposit & $800 rent. Since we've been here.. the oven wasn't working, they had to replace that. & roach problem began starting from our dirty neighbors next door. & now they are maggots coming out of the... View More

Christie Tournet
Christie Tournet
answered on Sep 12, 2017

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... View More

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.... View More

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.

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
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... View More

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

2 Answers | Asked in Contracts, Products Liability and Small Claims for Louisiana on
Q: A guy broke my iphone but agreed to pay on video. He has also agreed via chat. But he is now avoiding me.

Can I sue in small claims court?

Brian Lehman
Brian Lehman
answered on Feb 11, 2017

Yes. "An individual may file any money claim under the amount of $3,000 on the Clerks Docket; all other claims are filed under the Civil Suits." https://www.lincolnparish.org/clerkofcourt/pages/civil.html

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1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Louisiana on
Q: If I sold a tshirt with someone else's picture on it, what is the percentage of sales they would legally be entitled to?
Will Blackton
Will Blackton
answered on Feb 6, 2017

That answer will depend on a number of factors, but as it relates to intellectual property law, the first question you have to answer before anyone can possibly respond to your question accurately:

Is this a picture you took (or own the rights to) that is of someone else, or is this a...
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1 Answer | Asked in Contracts for Louisiana on
Q: If I signed a lease, but never moved in, payed the rent, or the deposite, am I still liable to the contracted?
Adam Studnicki
Adam Studnicki
answered on Aug 20, 2015

Possibly. Depending on local law, the landlord may have a duty to mitigate damages. Check with a local real estate lawyer.

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...
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1 Answer | Asked in Contracts for Louisiana on
Q: Do I need a lawyer for this situation?

I had my daughter's friend take my truck to fix the wheel bearings. its been a while since i was able to contact him because he kept changing his number. My daughter found his number and when I called, he claims that he doesn't know where my truck is.

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

You can report it stolen and also sue civilly. Your insurance may cover it. A strong letter from a lawyer can help.

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...
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1 Answer | Asked in Contracts for Louisiana on
Q: Hello,I live in Canada and the business man in Louisiana, how do you we file a breach of contract lawsuit?
Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Best to talk to a business or contracts lawyer about potential representation, or at least a consultation about your rights and options.

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