Lawyers, Answer Questions  & Get Points Log In
Louisiana Questions & Answers
1 Answer | Asked in Banking for Louisiana on
Q: How can my bank charge me 120 dollars over draft fee when I had 240 in my account. That's not right
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

You raise a valid question. Generally, banks should not charge overdraft fees if there are sufficient funds in the account to cover a transaction. Here is some key information regarding overdraft fees in Louisiana:

- Louisiana law prohibits banks and financial institutions from charging...
View More

1 Answer | Asked in Consumer Law for Louisiana on
Q: is receiving benefits from someone else/business spending illegal?

A friend works at a company which buys groceries from a store that offers points toward cheaper gas. The friend asked a coworker, who buys said groceries, to use his phone number in order to reap the points from the grocery store, for personal use, via the company spending money.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

Using a rewards program in a manner that diverts benefits intended for a company to an individual, without the company's consent, can raise legal and ethical issues. The legality of this action depends on the terms of the rewards program, the company's policies regarding employee benefits... View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: I have been married to this immigrant Indian woman that I fell in love with and I'm just now finding out that it's been

Sham!! She has moved away and told me nothing and we have been married for 3 yrs but not living together

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

I'm sorry to hear about your situation. If you suspect that your marriage was a sham for immigration purposes, you should consider consulting with an immigration attorney. They can guide you through the steps you need to take to address this issue.

You may want to gather any evidence...
View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Louisiana on
Q: I am a Louisiana resident who's landlord put everything i owned in the home outside without an eviction notice.

My landlord first began to harass me almost daily by coming to my home just walking in not knocking or anything and asking who was there and why are they there. Then on Christmas Day there was an incident involving her niece that I was trying to help. She went a little crazy by breaking my 55"... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

I'm sorry to hear about your difficult situation. In Louisiana, landlords are required to follow specific eviction procedures, and it seems like your landlord's actions were not in accordance with the law. It's crucial to document any evidence of her entering your home without... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Louisiana on
Q: I was molested in the second grade at Meaux Elementary School. I believe it was 1985. How can I civilly sue him?

My second grade teacher noticed that my behavior indicated that I was being abused. I am 44 years old now so I believe it was 1985. I was under the impression that John Bell Edwards made it possible for people that were abused and wasn't compensated nor was the abuser punished to get a chance... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

I'm very sorry to hear about the abuse you suffered. You have a few options to potentially seek justice and compensation in this case:

1. File a civil lawsuit against the abuser. In Louisiana, you generally have 30 years from the date you turn 18 to file a lawsuit seeking compensation...
View More

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Q: Can i sue CPS for keeping my child in custody after court charges have been dropped and my case plan is completed?

Charges were dropped due to lack of evidence and the case plan was completed months before they were able to move him to the state i was living in.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

In Louisiana, if Child Protective Services (CPS) has kept your child in custody after charges against you have been dropped and you've completed your case plan, you may have grounds to take legal action. However, the decision to sue CPS should be carefully considered and based on a thorough... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Falsified court documents. Divorce filed stating there were no children born during the marriage and there was

I am not the biological father but the baby has my last name because we were married before and after she was born

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

You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: Went donate at BioLife today and while getting set up on the machine while the nurse was inserting the needle it hurt a

little more than it usually did for any previous donations and ended up not being able to finish my donation because one of the nurses said I had a hematoma in my arm and ended up having to wait an extra added 30 minutes and now my arm is turning purple around the insertion site on my arm and it... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

While hematomas can be non-serious, it could be something serious. I would get checked out by a medical doctor.

The injury itself can happen with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor...
View More

View More Answers

1 Answer | Asked in Civil Rights for Louisiana on
Q: My privacy is being invaded with wifi spy devices in my apartment and nobody don't believe me cause I have mental healt

I look on Google and it see all the devices like screws my air conditioner vent, and more I have proof it's the neighbors and people that come back here .I need some one to come and see me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

If you believe your privacy is being invaded by the use of spy devices in your apartment in Louisiana, it's important to take steps to address the situation. First, document what you are experiencing. Collect any evidence of the devices you believe are being used, such as photographs or... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Louisiana on
Q: Can a state DMV issue a DL with a suspended DL for state tax unpaid from another state?

State income tax unpaid,from a different state

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

If your driver's license is suspended in one state due to unpaid state taxes, this can affect your ability to obtain a driver's license in another state. Most states are part of the Driver's License Compact, an agreement that facilitates the exchange of information about license... View More

1 Answer | Asked in Civil Rights and Criminal Law for Louisiana on
Q: Is there a cut off age for inmates being required to work in Louisiana prison? My father is 82 years old. 100% disabled
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In Louisiana, there is no specific age cutoff for inmate labor requirements in prisons. However, the health and physical capabilities of an inmate are significant factors in determining their work assignments. Given your father's age and 100% disability status, these should be taken into... View More

1 Answer | Asked in Small Claims for Louisiana on
Q: what forms are used to sue a company in small claims court in new orleans. Thanks

I am sueing Metro PCS for providing false information to an elderly person and elder abuse. I purchased a phone from metro pcs in september i was put on the acp program a week later i was taken off the program stating that the program was a promotion for 7 days. I called metor pcs to get my phone... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

To sue a company in small claims court in New Orleans, Louisiana, you'll need to start by obtaining the appropriate forms. These forms are typically available at the local courthouse or can be found on the court's website. In New Orleans, this would be the Orleans Parish Civil District... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: what gun designs should i stay away from recreating for a game. i dont intend to use real names
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

When creating a game, it's essential to be cautious about recreating gun designs, especially those that are distinctive and associated with specific manufacturers. While you don't intend to use real names, the visual similarity or unique features of certain gun designs can still be... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: what gun designs should i stay away from recreating for a game. i dont intend to use real names
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

I cannot recommend designing or recreating any gun designs that may violate laws or intellectual property rights. However, some general guidelines on fictional gun designs for games:

- Avoid closely copying patented gun mechanisms or designs that are trademarked or could cause brand...
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if a motion to reset a hearing conference was granted or when will the next hearing date be or far

Away from the date I filed for the motion will be the new date ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 18, 2024

The judge will sign a written order either granting the motion to reset or denying it. If the motion is granted, the order will state the new date. If the hearing officer conference is drawing near and you haven't received the judge's order yet, I'd suggest calling the clerk's... View More

1 Answer | Asked in Tax Law for Louisiana on
Q: How can I find out who the attorney is representing someone in LA?

Case Number: 5:2023cv00849

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

One way is to call the Clerk of Court where the case is pending, provide the information you have and ask. You can also try to do this electronically but there may be a charge and you may have to sign up for an account----that varies from jurisdiction to jurisdiction.

1 Answer | Asked in Car Accidents for Louisiana on
Q: Insur company wanted car sent to repair shop, car is totaled. Repair shop charges a very high bill, insur don't pay bil

They are taking the money out of my settlement.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

In Louisiana, if your insurance company directed you to a repair shop and the car is later deemed totaled, resulting in a high bill from the repair shop, it is important to carefully review your insurance policy and the terms of the repair shop agreement. Insurance companies typically assess the... View More

2 Answers | Asked in Civil Rights for Louisiana on
Q: My car which was broken down was stolen, fixed and sold. The police were able to make an arrest and recover my car.

Do I get to pay the thief for the expenses he incured in fixing my stolen car?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

No, you do not have to pay the thief for any expenses they incurred on your stolen car. The basic legal principle here is that the thief does not have any valid legal claim to compensation from you even if they invested money into the stolen property. A few key reasons why:

- The thief did...
View More

View More Answers

2 Answers | Asked in Civil Rights for Louisiana on
Q: My car which was broken down was stolen, fixed and sold. The police were able to make an arrest and recover my car.

Do I get to pay the thief for the expenses he incured in fixing my stolen car?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

In Louisiana, the legal principle known as "unjust enrichment" may apply to situations where one party has benefited at the expense of another. If the thief who stole and subsequently repaired your car incurs expenses in the process, they may attempt to argue that they are entitled to... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I would like to get divorced. I have lived in Louisiana for two years, my spouse is in California. We have no children.

We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).

We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 16, 2024

My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.