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Louisiana Questions & Answers
3 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: I am being sued and need to file an answer. Can I hire an attorney to only do this? I live in Alexandria,LA
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 9, 2024

You can----whatever you do, please know that if once you have been served then you have a short period of time in which to respond to the lawsuit so make sure you are counting your days. Use the Justia Find a Lawyer tab and search for a lawyer in the subject matter of the lawsuit to assist you.... View More

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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: can you have established residency at two homes at once?

My ex boyfriends name is the only name on the lease for the rental home i currently live in. he moved out in march, but left the majority of his belongings. he is now living in a different home that has his name on the lease as well. does he still have residency rights here? he will not return his... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 9, 2024

You indicate that the lease is between your ex and the landlord. You need to speak to the landlord about whether or not he is willing to terminate that lease and have you sign a lease. If so, your ex will not have any legal right to return to the property without an invitation. As for his... View More

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I have tickets in Scott la why are the charges not according to the code ordinance?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

Many reasons. A lot of times it dependings on the authority issuing you tickets--Scott police or State police. For example, state highways go through the town of Scott and sometimes Louisiana state police issue tickets on state highways inside the town of Scott----I would this law enforcement... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: If I if I think a sheriff's deputy is being rude and unruly can I request another officer on the scene

Sheriff's deputy issued an illegal eviction in Louisiana

James L. Arrasmith
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answered on Jun 26, 2024

When dealing with a situation involving law enforcement, it's important to understand your rights and the proper procedures. Here's some general guidance on this situation:

1. Requesting another officer: While you can politely request to speak with a supervisor or another officer,...
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1 Answer | Asked in Estate Planning for Louisiana on
Q: Need to file new judgement of possession on great grandparents trust due to the trustee listed is passed away ??

None of the income benifercaries ever received any of the properties and bank accounts and 219 shares of stocks in ouachita national bank. All accounts are cod accounts and are still open never managed trust correctly. Now there is no body managing trusts can I file new jop naming new trustee and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 26, 2024

I do not know how much money and/or the value you are discussing but there seems to be some worth here--as such I strongly discourage you proceeding without an attorney--------my advise is that you use the Justia Find a Lawyer at the top and search for a lawyer in the area you are located and the... View More

2 Answers | Asked in Car Accidents for Louisiana on
Q: Do I have a case?

My daughter got into an accident was rear ended and is the other parties fault. No injuries. Insurance offered $2867 for my vehicle, which I paid $5000 for 1 week prior based on value. This is too much of a loss and I cannot afford another vehicle and only want it fixed. I don't know what to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2024

It sounds like you have a total loss declaration on your hands. Without knowing the make, model, damages, NADA or other values, property damage adjuster's report, it's difficult to offer input. Nationwide, most states have a threshold for repair, in terms of percentage of market value.... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: In the state of Louisiana who has the right to consent to a search?

The police came to my house asked what I did over the weekend and then when I said no to th search they put me in hand cuffs

James L. Arrasmith
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answered on Jun 21, 2024

In Louisiana, the right to consent to a search is generally held by:

1. The property owner

2. A person with apparent authority over the property (e.g., a tenant or resident)

3. An adult occupant of the premises

However, there are important points to consider in your...
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1 Answer | Asked in Tax Law and Criminal Law for Louisiana on
Q: If I owe taxes on my house in Louisiana can I use it to post bail
James L. Arrasmith
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answered on Jun 19, 2024

In Louisiana, you cannot directly use your house to post bail if you owe taxes on it. Bail typically requires cash or a bail bond, not property with liens or tax obligations.

However, if you can clear the owed taxes and gain clear ownership, you might be able to use the house as collateral...
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1 Answer | Asked in Contracts for Louisiana on
Q: Do I get a lawyer in the state a contract is signed or state of residence?

I resided in Virginia and moved to Louisiana. The other contract signer resides in Alabama and never has moved. The contract was signed in Virginia. I may be in need of a lawyer for a breach in contract. Which state do I need to seek a lawyer?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 17, 2024

More information, as well as a review of the contract document itself, is needed. Two pieces of information would be (1) does the contract document identify a jurisdiction if litigation is instituted and (2) what is being transacted---i.e, is there enough happening in Louisiana such that you could... View More

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: If there is a dog in the middle of the road is it illegal to pick it up to keep it safe! It doesn’t have tags or a colla
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

By all means pick it up and save its life! You don't need the guidance of an attorney here. Unless you risked causing a five-car pile-up on a freeway, I don't think a traffic safety officer would cite you for a violation. Technically it would be a traffic violation to do something like... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: Hi. I have a question regarding my MIL being power of attorney over our bank account/ other of my husbands finances?

When me & my husband got married, we got a joint bank account and my mother in law asked to be power of attorney. Not knowing what it all meant I said yes. I am still learning what it all means as of now being that a friend informed me when I bought up the subject, so I was told to ask... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 5, 2024

You have concerns and rightfully so----however, your post is unclear in that you state that your mon asked to be power of attorney and we do not know who has given her power of attorney and to what extent she was given power of attorney. I believe you really should sit down with an attorney to... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Landlord - Tenant for Louisiana on
Q: If a bank placing a hold on my check causes me to be evicted do I have a case .

The bank my employer uses placed a hold on my check . The check isn’t clearing until the 3rd of June from what I’m told . My rent is due may 30th. If I become evicted do I have a case

James L. Arrasmith
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answered on Jun 3, 2024

If your eviction is directly caused by the bank placing a hold on your check, you might have a potential case. The key factors to consider include whether the bank followed proper procedures for holding the check and if they provided adequate notice of the hold. It's also important to examine... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How can I obtain a divorce when I don’t know where my husband is and we have been apart for over 30 years?

I have his last known address from 12 years ago.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More

1 Answer | Asked in Foreclosure for Louisiana on
Q: How do I find out where the proceeds from my auctioned off home went?

My home sold for 125,000. at a sheriff's sale on Jan 10th as of Dec 31st my principal balance was 75,000. Bank of America says they only owe me 897.00 How is this possible?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

it is entirely possible----in addition to the principal amount, there's also attorney's fees, costs, interests, the seller's (sheriff's charges), advertising, and others charges/fees so it can get quite expensive. You can contact the Sheriff's office and they should be able... View More

1 Answer | Asked in Foreclosure and Banking for Louisiana on
Q: How can I find out where the proceeds from my house sheriff's sale went?

Principal balance on my house was 75,000. on Dec. 31st it was sold at a sheriff auction on Jan.10th for 125,000. but the bank says there is only 897.00 left after the foreclosure cost. Are foreclosure auction sales that expensive?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

In addition to the principal, there's also attorney's fees, costs, interests, the seller's (sheriff's charges), and others charges/fees so yes, it is quite possible it was that expensive. You can contact the Sheriff's office and they should be able to provide you an itemization.

1 Answer | Asked in Business Law for Louisiana on
Q: I HAVE AN 14 ACRE HAY PASTURE. THE GUY THAT HAS BEEN CUTTING IT HAS NOT KEPT HIS END OF OUR AGREEMENT, CAN I SUE HIM

HE WAS TO FERTILIZE IT AT LEAST ONCE EVERY FOUR YEARS. NOW IT IS NOTHING BUT WEEDS AND NO ONE WILL CUT IT. HE ALSO BUSTED MY SEPTIC TANK AND WILL NOT FIX IT.

James L. Arrasmith
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answered on May 27, 2024

You can sue the person who has been cutting your hay pasture for not fulfilling his obligations under your agreement. Since he did not fertilize the pasture as agreed, leading to weed growth, and also damaged your septic tank without repairing it, you have grounds for a lawsuit.

First,...
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1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: How do we stop and adoption service from taking our new dogs away

We adopted 2 puppies about 3 weeks ago. The agency is now saying they are not a good fit and want to take them away.

James L. Arrasmith
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answered on May 27, 2024

First, review the adoption agreement you signed with the agency. This document will outline your rights and the conditions under which the agency can reclaim the dogs. Understanding these terms is crucial for knowing where you stand legally.

Next, communicate with the agency to understand...
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2 Answers | Asked in Family Law and Probate for Louisiana on
Q: A widow whose husband had credit card debt is moving to Missouri from Louisiana is she still responsible for his debt

She is not on any accounts, only he signed

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

You should consult with a probate/succession attorney to discuss your rights,obligations and the best way to move forward. Presumably the credit card charges occurred before death and no probate or succession has occurred. I do not know the value of the husband's estate so a meeting with a... View More

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2 Answers | Asked in Family Law and Probate for Louisiana on
Q: A widow whose husband had credit card debt is moving to Missouri from Louisiana is she still responsible for his debt

She is not on any accounts, only he signed

James L. Arrasmith
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answered on May 27, 2024

If a widow's husband had credit card debt and she is not on any of the accounts, she generally isn't responsible for his debt. Since only her husband signed for those debts, they are considered his individual responsibility. This is especially true if the debt was incurred in Louisiana,... View More

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