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Louisiana Small Claims Questions & Answers
1 Answer | Asked in Criminal Law, Banking and Small Claims for Louisiana on
Q: Can I sue some one on my checking account for taking my COVID19 stimulus money and putting it in their saving

I am the primary account holder on the said account. I added him just recently. I live in Kentwood Louisiana he lives across state line in Ms

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 16, 2020

File a claim in Justice of the Peace Court, close your checking account and open a new one in just your name.

1 Answer | Asked in Car Accidents and Small Claims for Louisiana on
Q: We are suing a mechanic in Small Claim for loss of wages due to his negligence. If thats the word.

The car was in a single car accident. The mechanic advised we file an insurance claim so they can pay for most of it. We did. He said he fixed the car and we paid the deductible and left. After leaving the car broke down again not far from his shop. Brought it back and he said that the car is now... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2020

No one can really say with any degree of certainty which way something like this would go. While there is little to hold anyone back from commencing a lawsuit as a general rule, the course it takes could be another matter. Would a judge ask what steps were taken to mitigate damages? Would the first... View More

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: I was ordered to pay money back in a civil case. A fake reciept produced by me was included in this money. If i dont pay

Can they use this reciept to file criminal charges. Even though it was ordered in civil court

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 3, 2019

Yes that is fraud and you can be charged. You are advised to get a loan and make good on the judgment.

1 Answer | Asked in Small Claims, Divorce, Family Law and Domestic Violence for Louisiana on
Q: Breech of protection order by sale of personal effects / community property. What can be done about this issue?

I had a protection order placed on me. During the po and divorce time frame my now ex-wife sold my tools, tool box, air compressor, golf cart, boat and my father's boat. All these items value is close to 12000 US Dollars. Can I press charges on her since I could not while she had po in place?... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 13, 2019

Protective Order on you did not prohibit her from selling your property. But a TRO against alienation against her in divorce would have. Call your divorce lawyer to file contempt.

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Louisiana on
Q: I sold a side by side to a guy that lowballed me on the value of the unit. He gave me 13,000 but I owed the bank 16

I haven’t paid it off because we were dealing with custody battle, my husband was laid off and we just haven’t had the money. We know both have jobs and are going to pay either the guy back or the bank, whichever I guess at this point. But I just was told he is going after me for theft. I... View More

Gary Kollin
Gary Kollin
answered on Aug 15, 2019

No way

1 Answer | Asked in Products Liability, Insurance Defense, Intellectual Property and Small Claims for Louisiana on
Q: What kind of attorney I need to sue Walmart for messing up my car?

I went to get a oil change and the mechanic told me he changed my oil and it would last me three months. When I tried to go to work the next morning I couldn’t. I had to turn my car off all of the oil leaked out. I had to catch a Uber to work. When I got off I had my car towed to Walmart.They... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2018

If you have a receipt make several copies. Never give the original. Get an estimate from a mechanic as to what is needed to fix it.

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 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
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.... 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 Collections and Small Claims for Louisiana on
Q: How much does it cost to have an attorney represent me in a suit over a debt (New Orleans area)?
Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 19, 2016

It usually depends on the amount you are being sued for and the court in which you are being sued. It can be as low as $600.00 and as high as $2,000 or more not including the court costs. Every attorney has a different fee structure. Some will charge a fixed fee and some will charge an hourly... View More

1 Answer | Asked in Small Claims for Louisiana on
Q: My friend has my vehicle, which he agreed to pay for and did not, and will not return it. Can I pursue legal action?

I bought a vehicle for a friend with the agreement (no contract) that he pay me the note. He has only paid ~half the principle. I have since paid off the vehicle and wish to repossess it. What legal recourse do I have?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

More information is needed to answer. A local contacts, business or consumer protection lawyer can assist.

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...
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