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Louisiana Questions & Answers
1 Answer | Asked in Real Estate Law for Louisiana on
Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 8, 2023

Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I

I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial.

Generally, if you resign...
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1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Recently in Mov as pulled over for an expired tag 2022 Lic tag.Then sited for suspended lic as well I've renewed both

My question is this: How do I find out what my fines are. And I'm told it has to go before a judge. Help!! I've never been in this concerning situation.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 5, 2023

My suggestion is that you contact a traffic ticket lawyer in the area the ticket wss issued to discuss your matter and the best way to proceed. Or you can represent yourself and contact the prosecutor's office or just show up for Court. In all likelihood, you are court-ordered because of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Louisiana on
Q: Is a police officer supposed to ask if you are a USCitizen at the beginning of an encounter?

I was once told that in the rules and regulations handed down by the Secretary of State of the United States that the very first question that a police officer is supposed to ask is if you are a USCitizen, because if you are not a USCitizen they may not have jurisdiction over you and technically... View More

James L. Arrasmith
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answered on Dec 1, 2023

The information you received is not accurate. In the United States, police officers are not required to ask about citizenship status at the beginning of an encounter. Law enforcement officials have jurisdiction over everyone within their area of authority, regardless of citizenship status. This... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: My vehicle was stolen on November 21st, on the 23rd the thief brought it to a scrap yard and got $150. I had a sale for

$4000. Thief only gave an id. It was nice, what can I do about this. Tags were new on the Jeep. Please get back to me. Also Jeep was insured, libility only.

Sincerely,

James L. Arrasmith
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answered on Dec 1, 2023

Good morning, Kathy,

In your situation, where your vehicle was stolen and then scrapped, there are several steps you can take. First, it's crucial to report the theft to the police immediately if you haven't already. Provide them with all the details, including the information...
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1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Can you post a link to jobs and write a description of the jobs benefits on a blog without permission from the company?

I have a blog and I want to post work from home job leads on it with a description of the jobs benefits underneath it. Is this legal? Will I have to have permission from the business to post their link to apply to the job on my website and write a blog post in my own words about the job benefits... View More

James L. Arrasmith
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answered on Dec 1, 2023

Posting job listings and descriptions of their benefits on your blog without explicit permission from the companies can be legally permissible, especially if the information is already publicly available. When you use publicly available information, like job descriptions and benefits, and present... View More

2 Answers | Asked in Consumer Law for Louisiana on
Q: Can you make a company honor a quotation after both parties agree to the price?

I was looking at options for homeowners insurance and reached out to Allstate. They said they could provide coverage only if I moved my auto insurance there as well. I agreed, and they send a quote for both homeowners and auto insurance. The price was agreed upon by myself and the insurance... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Louisiana, if a quotation from a company like an insurance provider is agreed upon by both parties, it generally forms a binding agreement. However, the enforceability of this agreement depends on the specifics of the communication and the extent to which the terms of the quote were clear,... View More

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2 Answers | Asked in Traffic Tickets for Louisiana on
Q: I’m a minor in Louisiana and I got a speeding ticket reduced to a fine, is it still going on my record?
T. Augustus Claus
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answered on Nov 29, 2023

Yes, even if your speeding ticket was reduced to a fine, it will still go on your driving record in Louisiana. This is because all moving violations, regardless of the outcome, are recorded with the Louisiana Office of Motor Vehicles (OMV).

The OMV maintains a driving record for all...
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1 Answer | Asked in Traffic Tickets for Louisiana on
Q: If I make a u turn on a green arrow and cannot safely make it into the left lane, is it unlawful to go into right lane?

I collided with another vehicle turning right onto the roadway I was making a u turn on, with my green arrow, I received a citation for not yielding to the left lane.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 28, 2023

More information is needed to properly respond to this question as to properly answer this question one needs to know more facts and circumstances as to what happened, etc. For example, is there any signage for your direction and/or the other vehicle's direction which instructs one to yield... 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 Small Claims for Louisiana on
Q: Borrowed $600 from loan company 8 years ago.Can I be sued legally in small court in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 22, 2023

A true answer would require more specific information as to the details of the loan and what happened afterward. Short general version is that the creditor has 3 years to sue on an open account andc 10 years to sue on a contract. The period in which to sue can be interrupted and reestarted if a... 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

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?

My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 19, 2023

The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Louisiana on
Q: What is disposition of "Pass without date" on a 1969 charge in LA and then accused hears nothing more about charge?

I am trying to apply for TSA PreCheck but they need more info about an open charge. In 1969 during a student protest in Baton Rouge, LA, I was arrested and charged, along with 10+ other students with a criminal charge. We were defended by the ACLU, I believe. However, after receiving the records... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Louisiana, the notation "Pass without date" in a court case typically indicates that the case was postponed indefinitely. This can happen for various reasons, such as a lack of evidence, a decision not to prosecute, or other administrative reasons. However, without a specific dismissal... View More

1 Answer | Asked in Civil Rights, Communications Law and Gov & Administrative Law for Louisiana on
Q: If the sheriff's department came to my home, stating they were conducting a census, then asked questions is this legal?

There were 3.sheriff deputies at my door, then I noticed 2 more in my yard. They didn't write down anything, asked for my ID, and didn't leave a card. They were in sheriff dept uniforms but I didn't see the vehicle.

James L. Arrasmith
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answered on Jan 13, 2025

It's understandable to feel uneasy in this situation. Typically, law enforcement officers conducting a census or survey should clearly explain their purpose and provide proper identification. They should also be transparent about how the information will be used and ensure your privacy is... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Insurance Bad Faith for Louisiana on
Q: is it legal for my ex to keep the money he claimed with my name for me from a “pain and suffering lawsuit” ?

while we were married my ex got his by a company van and his lawyer told him that him, me, and each of our kids would get paid for pain and suffering. we have since divorced. he kept my part of the money for himself.

James L. Arrasmith
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answered on Jan 10, 2025

This situation involves your legal right to compensation that was specifically designated for you in a lawsuit settlement. If your name was used to claim money intended as your personal compensation for pain and suffering, your ex-spouse likely does not have the legal right to keep those funds.... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Going through a same-sex divorce. A minor child is involved. Both of us are on her birth certificate.

What are my legal rights as the parent on her birth certificate but, I did not birth her. My ex birthed her.

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you legally adopted the child as a parent, then your rights are the same as any other parent and you may pursue your remedies in Supreme or Family Court depending upon the issues involved.

1 Answer | Asked in Criminal Law and Foreclosure for Louisiana on
Q: Can I get a summons for criminal trespassing and made to leave in louisiana if I own the property

About 6 month prior I sent my girlfriend to get some things from our storage building, some woman call the cops and they sent us on our way because the woman couldn't prove she owned the property. The main house was part of a foreclosure but the mobile home in the back was gifted to me by my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 9, 2025

Not enough information is provided to answer "was it legal for the cops to give me the ticket?" I would say that as long as the cops have a baseline believe--probable cause---that you may have committed a crime--in this case, trespass, then they are within their rights to give you a... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Louisiana on
Q: How to find a contingency lawyer if you blew employer out the water in your rebuttal to their position statements

The lied and my copies I kept prove they didn't follow h.r. procedure and hid it not knowing I had copied which shows pretext

James L. Arrasmith
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answered on Jan 5, 2025

Start by researching attorneys who handle employment disputes and offer contingency fee arrangements. Look for those with a track record of success in cases involving HR procedures and employer misconduct. Online legal directories and reviews can provide insight into their reputation and... View More

1 Answer | Asked in Civil Rights and Municipal Law for Louisiana on
Q: I need help with a guy that lives 2 blocks away and blasts music all day and night.

For the past 5 months there has been this guy blasting music to the point it shakes my entire house. He lives 2 blocks down the road from me. I have looked at the sound ordinance and municipal codes for my parish. I live in Louisiana. What he is doing is a misdemeanor crime, but when I called the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're dealing with this stressful situation. Start by documenting each instance the music is too loud, noting dates, times, and the impact it has on your household. This evidence can be valuable if you need to take further action.

Next, try approaching your neighbor...
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