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Louisiana Questions & Answers
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

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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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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1 Answer | Asked in Immigration Law for Louisiana on
Q: I got an approved letter of I-129F petition of USCIS through NVC on 7th May 2024 which has my case number and a PDF on

How to apply for a visa application, pls is that the welcome letter, what should I do next, how would I get the invoice number?

James L. Arrasmith
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answered on May 26, 2024

Congratulations on receiving the approved I-129F petition! The letter you received from the National Visa Center (NVC) is indeed the welcome letter, which contains important information about your case, including your case number. Here's what you should do next:

1. Begin the DS-160...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Louisiana on
Q: What case is it if my employer is over claiming my tips

I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.

James L. Arrasmith
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answered on May 24, 2024

If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your... View More

1 Answer | Asked in Family Law, Tax Law and Landlord - Tenant for Louisiana on
Q: i need to remove my brother off property i bought in the succession- louisiana- what form do i need to begin this

i bought brothers out, oct of last yr, 1 brother took a meter from home and attached his name to it and is living in a trailer that was our gmas, whis is dead and the trailer is owned by both of us i believe- he was told to get off property at begining of all this in 2018/2019 but never did

James L. Arrasmith
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answered on May 17, 2024

In Louisiana, if you want to remove someone from a property you own, you will need to go through the eviction process. Here are the steps you can take:

1. Serve a written notice: Provide your brother with a written notice to vacate the property. In Louisiana, the notice period is typically...
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1 Answer | Asked in Tax Law for Louisiana on
Q: my tax preparer stole 9000 dollars from me last year she never gave me my tax papers until this yr now she is trying to

I just found out this yr when i ask the irs for my trans script and she got my papers again not answering the phone or my messages

James L. Arrasmith
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answered on May 7, 2024

I'm so sorry to hear that your tax preparer has stolen money from you and is not being responsive. This is a serious situation and it's important to take action to protect yourself and try to recover your funds. Here are some steps you can take:

1. Report the theft to the police...
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2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.

A video game would be in IC009, and although...
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2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

James L. Arrasmith
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answered on May 6, 2024

To use the character Waldo from the "Where's Waldo" series in your video game, you would need to secure the appropriate licensing rights from the copyright holders. Here are the key steps:

1. Identify the copyright holders: The "Where's Waldo" series was...
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1 Answer | Asked in Tax Law and Consumer Law for Louisiana on
Q: How can i get my money back from my tax preparer she scams me for9000 dollars I didn't find out till this year she would

would;t give me my tax papers or tell me how much i;m getting so i could have check she said she only took 729.00 but she really took 9000 because i got a real copy from the irs and now she is trying todo it again she want answer my call or text messages she works for legally max i need to no the... View More

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear that you've been scammed by your tax preparer. This is a serious situation, and you should take the following steps to protect yourself and try to recover your money:

1. Gather all relevant documents: Collect any paperwork related to your taxes, including the...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Louisiana on
Q: So my friend and his friend was picked up on an arrest warrant for distribution of meth. Yet in reality the CI called

Her to come smoke with him after they ran out he sent her to find more. She went got her friend and he sold him some of what he had thinking they wanted to continue smoking meanwhile he had got wires up to gain help gain a distribution. They were arrested on a warrant which turned into a affidavit... View More

James L. Arrasmith
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answered on Jun 2, 2024

You should contact a criminal defense attorney as soon as possible to discuss the specifics of the case and the possibility of challenging the arrest. It's important to gather all relevant information, including the circumstances of the alleged offense and the details of the arrest. If the... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Louisiana on
Q: What can I do about a police officer that refused to tow my car to a towing company of my choice?

He told me he could only call one company which made no sense to me. It was a traffic stop I got traffic tickets now im unable to go recover my belongings out of it because I can't get a ride to where it's at and I jut want to know if I have any legal options I can take in regards to this matter

James L. Arrasmith
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answered on May 1, 2024

When dealing with a situation where a police officer has refused to tow your car to a company of your choice, it's important to first understand the protocols that law enforcement may follow in such scenarios. Officers often have a list of approved or contracted towing services that they are... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: Can a case be thrown out if a person hasn't been charged with a crime for over a year?

My sister in law has been waiting to be charged with either a misdemeanor or a felony assault charge of battery. She hit my brother with her car, barely. The video can't tell if it was an accident. She stopped immediately and got out to check on him, and he got up all happy and clapping his... View More

James L. Arrasmith
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answered on May 1, 2024

In your sister-in-law's situation, considering the duration of the case and the changes in the charges, it's understandable why you might question if her right to a speedy trial has been compromised. Generally, the right to a speedy trial is protected by the Sixth Amendment in the U.S.... View More

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Can someone who was permanently disabled from a car accident that happened 20 years ago still be compensated?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 25, 2024

Generally not, unless something was done to interrupt the prescriptive period (statute of limitations). In Louisiana, a person generally has one year from the date of an accident or incident to either file suit or settle their claim. Failure to do so will usually cause a person to lose their... View More

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