Louisiana Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
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- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
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- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
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- Small Claims
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- Wrongful Death
Louisiana Questions & Answers
Q: I noticed different lawyers have slightly different contingency contracts. Why?
David A. Wolf's answer
Contingency fee contracts can vary State to State and even case to case. You should be represented by a reputable and experienced attorney. Some attorneys may provide lower contingency fees but then have higher costs than other law firms. Make sure that the attorney client contract complies with State law and is otherwise consistent with the general practices in your community. Good luck.
Contingency fee contracts can vary State to State and even case to case. You should be represented by a reputable and experienced attorney. Some attorneys may provide lower contingency fees but then have higher costs than other law firms. Make sure that the attorney client contract complies with State law and is otherwise consistent with the general practices in your community. Good luck.
Q: How long do you have to serve,on second degree murder to be pardon in Louisiana
Andre Robert Belanger's answer
you are not entitled to a pardon. That said, you can apply for a pardon or commutation of sentence.
you are not entitled to a pardon. That said, you can apply for a pardon or commutation of sentence.
Q: I have verification of first offender pardon for dwi 3rd offense. Can I possess a firearm now?
Andre Robert Belanger's answer
This is a common an tricky question. My simple advice to you is NO. Under La 14:95.1, the DWI wouldn't prohibit gun possession. Not every Louisiana felony will. That said, ANY felony prohibits your ability to possess a gun as a matter of Federal law. Also, the First Offender Pardon DOES NOT restore gun rights to those adversely affected. You'll need a Governor's pardon to do that.
This is a common an tricky question. My simple advice to you is NO. Under La 14:95.1, the DWI wouldn't prohibit gun possession. Not every Louisiana felony will. That said, ANY felony prohibits your ability to possess a gun as a matter of Federal law. Also, the First Offender Pardon DOES NOT restore gun rights to those adversely affected. You'll need a Governor's pardon to do that.
Q: I need a disposition of an arrest that was reduced with a lawyer for a new job? How do I get this?
Andre Robert Belanger's answer
you can likely pay your local sheriff's office to do a background check. Similarly, many state police headquarters do the same. Also, you can go to the clerk of court and get a certified minute entry showing a reduced charge.
you can likely pay your local sheriff's office to do a background check. Similarly, many state police headquarters do the same. Also, you can go to the clerk of court and get a certified minute entry showing a reduced charge.
Q: I think I was fired from my job without getting no write ups for being late to a class is there anything I could do?
Mr. Michael O. Stevens' answer
Employment is at will meaning your employer can fire you for most any reason, or no reason at all. If your company had a progressive discipline policy, you may have some contractual rights there, but most of those policies still say that you can just be fired.
Employment is at will meaning your employer can fire you for most any reason, or no reason at all. If your company had a progressive discipline policy, you may have some contractual rights there, but most of those policies still say that you can just be fired.
Q: If I file bankruptcy pro se, can creditors still contact me about debts? If so, what can they inquire about?
Samuel John Ford's answer
Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection communications may be a violation of the automatic stay and other state and federal laws.
While filing bankruptcy without an attorney may the best option for you, I recommend speaking to a Louisiana...
Once you file bankruptcy and you have served notice of the bankruptcy on your creditors, they should not contact you outside of the bankruptcy proceedings to collect the debt. The bankruptcy creates an "automatic stay" that should protect you from collection activity. Continued collection communications may be a violation of the automatic stay and other state and federal laws.
While filing bankruptcy without an attorney may the best option for you, I recommend speaking to a Louisiana...
Q: Can you appeal a wage garnishment? Its for a private student loan? There taking 25 percent. And I can't afford it.
Samuel John Ford's answer
Wage garnishments are difficult to challenge once they have begun, however, you may have options if there was anything improper about the collection process or institution of the garnishment. State and federal laws protect consumers from unfair collection practices and it may be worth speaking with a consumer attorney in your area to make sure nothing was done improperly.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully...
Wage garnishments are difficult to challenge once they have begun, however, you may have options if there was anything improper about the collection process or institution of the garnishment. State and federal laws protect consumers from unfair collection practices and it may be worth speaking with a consumer attorney in your area to make sure nothing was done improperly.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully...
Q: I signed a promissory note in 1999 in louisiana. It was one of those in case you win the lottery things. Now the estat
Samuel John Ford's answer
Generally, the limitations period for suing someone on a promissory note is five years. This means the creditor may have lost the legal right to enforce the alleged debt.The details of your situation, however, may change whether or not the debt is still legally enforceable.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.
**Please note that...
Generally, the limitations period for suing someone on a promissory note is five years. This means the creditor may have lost the legal right to enforce the alleged debt.The details of your situation, however, may change whether or not the debt is still legally enforceable.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.
**Please note that...
Q: Can I sue a creditor in small claims court for loss of wages after they harassed me so much at work that I was suspended
Samuel John Ford's answer
You likely have a case against the creditor based on the actions you described and may be able to recover your lost wages.Small claims court, however, may not be the best venue for your claims. There are both state and federal laws that may be in play here and a consumer attorney will provide you with the best options for your situation.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your options. Many consumer...
You likely have a case against the creditor based on the actions you described and may be able to recover your lost wages.Small claims court, however, may not be the best venue for your claims. There are both state and federal laws that may be in play here and a consumer attorney will provide you with the best options for your situation.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your options. Many consumer...
Q: Can I dispute a bill I made a payment on in 2007? The bill is from Maryland College and I live in Louisiana.
Samuel John Ford's answer
You likely can still dispute the bill and may have defenses to collection of the alleged debt. If you are being contacted by debt collectors, there are federal and state laws that provide dispute rights and protection from unfair collection practices.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your rights.
**Please note that the above is general information and not subject to an attorney-client...
You likely can still dispute the bill and may have defenses to collection of the alleged debt. If you are being contacted by debt collectors, there are federal and state laws that provide dispute rights and protection from unfair collection practices.
I recommend speaking to a Louisiana consumer attorney regarding the details of your situation so you can fully understand your rights.
**Please note that the above is general information and not subject to an attorney-client...
Q: Is there any law against being reported deceased by a company and this information disseminated?
Samuel John Ford's answer
You may have a cause of action depending on a few factors:
1) who is reporting the inaccurate information? If the company qualifies as a credit reporting agency, you may have a right of action under the Fair Credit Reporting Act. If not, other laws may protect you.
2) Who was the information disseminated to? This could bring in other laws.
3) have you been financially injured by this inaccurate information? The US Supreme Court is currently deciding whether a consumer...
You may have a cause of action depending on a few factors:
1) who is reporting the inaccurate information? If the company qualifies as a credit reporting agency, you may have a right of action under the Fair Credit Reporting Act. If not, other laws may protect you.
2) Who was the information disseminated to? This could bring in other laws.
3) have you been financially injured by this inaccurate information? The US Supreme Court is currently deciding whether a consumer...
Q: I was student in the US a couple of years ago but got married under a visitor visa. Does the USCIS # is my A number ?
Shan Dimitris Potts' answer
Your a# will be the same unless or until you apply for a special type of visa such as U, T or Aslyum. Contact an immigration attorney to find out what is happening with your case. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is...
Your a# will be the same unless or until you apply for a special type of visa such as U, T or Aslyum. Contact an immigration attorney to find out what is happening with your case. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is...
Q: I got married in the US while my I-94 was valid. I am applying for my change of status but my I-94 is expired now.
Shan Dimitris Potts' answer
You do not have any status until you file the application for COS. If your spouse is a green card holder or a US citizen you will be just fine. If not contact an immigration attorney as soon as possible to avoid any problems you might have in the future. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
You do not have any status until you file the application for COS. If your spouse is a green card holder or a US citizen you will be just fine. If not contact an immigration attorney as soon as possible to avoid any problems you might have in the future. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
Q: It is a school project.I am the defendant and it is a malpractice lawsuit. I have to make up everything.
Adam Studnicki's answer
You'll learn more if you do your own homework. Have fun with it.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...
You'll learn more if you do your own homework. Have fun with it.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...
Q: If you are hired by a tugboat company as a Captain and this company has no Company truck and they have you using
Adam Studnicki's answer
In most states, if you are at fault, you are responsible and the company might also be responsible. However, check with a local lawyer for the answer in your State.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...
In most states, if you are at fault, you are responsible and the company might also be responsible. However, check with a local lawyer for the answer in your State.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...
Q: I have 2 judgments by 2 different judges for back child support for my son for the same time 2010-14. Is this possible?
Matthew Williams' answer
This is a great example of why it is never a good idea to go to court alone. It's not possible to determine what the court believes happened from your post, but you should be getting credit for any judgment or arrears which you did pay.
This is a great example of why it is never a good idea to go to court alone. It's not possible to determine what the court believes happened from your post, but you should be getting credit for any judgment or arrears which you did pay.
Q: if a woman husband is in pain and she does not take him to the hospital is that neglect
Adam Studnicki's answer
More information is needed to answer. Talk to a local injury lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
More information is needed to answer. Talk to a local injury lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
Q: need help on an attorney who committed fraud during trial
Adam Studnicki's answer
You can use the find a lawyer tool, or google, to search for local malpractice lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
You can use the find a lawyer tool, or google, to search for local malpractice lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
Q: My vehicle involved in a hit and run.parking lot of a casino captured on video nothing has been done.MY RIGHTS?
Adam Studnicki's answer
See if you can identify the person who hit you.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your...
See if you can identify the person who hit you.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your...
Q: What if I was in an auto accident in Louisiana and my final bill or notice of cancellation was within ten days of the
1 Answer
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Insurance Bad Faith, Insurance Defense and Car Accidents
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Louisiana
on
Answered on Nov 14, 2015
Answered on Nov 14, 2015
Adam Studnicki's answer
Check the policy and local lawyer to see if there was a grace period. A local lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with...
Check the policy and local lawyer to see if there was a grace period. A local lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with...
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