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Louisiana Small Claims Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Small Claims for Louisiana on
Q: so the child has to turn 18 to sue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... Read more »

1 Answer | Asked in Small Claims for Louisiana on
Q: Are punitive expenses not considered when a Walmart claim for bad oil change?

Oil change part was cracked, oil spilled out and oil engine light came on. They only will rreimburse service to fix car and tow. They will not compensate for time without vehicle or the factory took nine months to settle.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 7, 2022

Punitive damages are allowed in Louisiana ONLY under specific circumstances and the circumstances you described is not one of those. You are entitled to general damages and special damages if proven although it is extremely rare to recover general damages as a result of damage to property. You... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Louisiana on
Q: What is the law in Louisiana about someone who is spreading sexual transmitted diseases?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2022

Criminal law: A crime to knowingly transmit AIDS

Civil law: Liable for knowingly transmitting SDT. Have to prove prior diagnosis, no other source of transmission, and damages.

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: my catalytic convertor was stolen at the dealership, what can i do

also after picked up my truck, the electrical system was messed up. none of gauges was working

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2021

Get written estimates and file a claim with the Justice of the Peace.

1 Answer | Asked in Landlord - Tenant and Small Claims for Louisiana on
Q: Can I sue a landlords homeowner insurance for stolen motorcycle
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 17, 2021

Anyone can always sue but the real question is whether or not you have a good chance to recover. You do not indicate whether or not you have filed a claim against the homeowner insurance, but if not, I recommend you do that first (and immediately) and see what position the homeowner insurance... Read more »

1 Answer | Asked in Family Law and Small Claims for Louisiana on
Q: Can my ex husband obligate my daughter & grandkids 16 & 11 myself to leave house after hurricane IDA ?

Ex husband house has electricity and running water , its safe and secure , my grandson has asthma and my daughter and i have health conditions

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 7, 2021

If your ex husband bought the house before you were married or after you were divorced you have no right to squat in his home. However, if the home was purchased during the marriage, you are a co-owner.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

1 Answer | Asked in Small Claims for Louisiana on
Q: can I sue if someone renege on an agreement in which I invested $8500?

No written contract only verbal agreement. Financial records text messages emails to support claim

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 7, 2021

You (anyone) has a right to file a lawsuit----you go to the Clerk's office, present them the suit and pay the fees and you have sued. The more important issue is whether or not you are able to obtain a judgment against the defendant? In order to do so, you have to show that the law is on... Read more »

1 Answer | Asked in Civil Litigation, Lemon Law and Small Claims for Louisiana on
Q: A vehicle from an individual last year I need advice it's a how do I go about suing this individual for not producing

Some more details of it is I purchased a vehicle from a man I got title and registration under my name but everytime I try to get in touch with this individual for him to give me the car he hangs up on me he's done he ducking and dodging my phone calls I do not know another way to go about... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 2, 2020

Hire an attorney to file a suit for conversion.

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... Read 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... Read 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?... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read more »

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