Louisiana Recent Legal Answers from Lawyers

That's a question that you should take up with the attorney who is representing you. Your attorney will likely want to make sure that the judgment is both final and definitive so that you aren't held liable for a wrongful seizure if the judgment is reversed on appeal or if there are grounds for a new trial. Clients should always remember that getting a judgment against someone doesn't mean you're going to be able to collect it. In many cases it's entirely possible that the defendant just does not have the money or assets.  It is not unusual for a defendant to resist paying a money judgment, especially to pay the attorney who just beat him in court. When that happens your attorney will advise you of the steps (and costs) involved in collecting from the defendant and you will have to decide whether it is worth the time and expense.... Read Answer

There is no way to answer that question without actually looking at the document that you are being asked to sign. If there is an attorney involved, and it sounds like there is, you should ask your brother for the name and phone number of the attorney for your mother's succession and ask the succession attorney to explain the reasons for your brother's request.  ... Read Answer

Inheritance rights in Louisiana do not depend on the formal opening of a succession.  That does not mean, however, that an heir (or the children of a deceased heir) can automatically take possession and control of the estate of a decedent without consequences. Depending on the gross value of the property of the estate and/or the date of death of the decedent (see Small Successions, L.C.C.P art. 3421 et seq.), it may be possible (but not necessarily advisable) to put the heirs in possession without judicially opening the succession. Although the costs upfront of the small succession procedure are lower, there is no court-issued Judgment of Possession that protects the heirs in the long run.  If the estate is of even moderate value, the benefits of opening a succession judicially generally outweigh the added expense.    ... Read Answer

Are you a US Citizen? It appears that she was probably approved but that she has to file a waiver. In order to approve a waiver application, you have to prove that you (not she) would suffer "extreme hardship" if she was not granted a green card. You should retain an attorney to represent you in the matter.      ... Read Answer

A green card holder can sponsor her spouse and he can process at the US consulate overseas. A fiancée visa is not available for a green card holder to sponsor their boyfriend or girlfriend. Additionally, your income of $2,700 per month will be sufficient to sponsor your husband if your household size is 2 people. ... Read Answer

sue in a court of general jurisdiction appropriate to the amount of damages so far, seeking recompense for the damages and an injunction that the tree must be removed or that you must be recompensed after you remove the part of the tree that is encroaching on your property. Criminal and code enforcement are probably also telling you to take it to court.... Read Answer

Regina.  Do you still need counsel for this case. My office is still interested in helping you 407-581-2581   You may be able to bring a claim against your stepmother for the wrongful death of your father. You should have a private phone consultation with a lawyer, about the facts and circumstances surrounding this tragedy. If it looks like there's a case, then you should retain an attorney on contingency fee, which means you don't pay anything unless you win the case. Do you have evidence to establish that your stepmother neglected treating your father with food water and medicine for 3 days? Or is it just your gut feeling?  Stephen Black, Esq. (407) 581-2581... Read Answer

Anybody can sue anybody for anything, but given that you (presumably not YOU but your LLC) are offering a full refund already, and assuming that this customer did not suffer any additiional damages beyond what the LLC is offering to refund, there seems to be little pont to rthe suit.  She can ask for whatever documents she wants, but if the llc doesn't have them, it doesn't have them (although you coudl be sanctioned if the court believes that you destroyed relevant records deliberately, but again, since you are offering a full refund, why would you do that?)  Assuming that you operated your LLC correctly (e.g. not commingling funds with your personal funds, etc.), you would not be personally liable for its obligations.... Read Answer

There are two difficulties with your plan. The first is that coming to the US and immediately trying to change status to H-1B could raise questions concerning your actual intent under B1/B2 when you came in, and whether it was inconsistent with the type of visa under which you entered. The second is that there is no separate form to change status for persons who already have approved H-1B petitions marked for consular processing. Your petitioner would have to file the H-1B petition all over again in a H-1B amendment requesting change of status instead of overseas processing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If, as you say, you are not bound by any non-comepte agreement, and did not sell any part of this business to your current employer (in which case a non-compete can be imposed by law) you have every right to compete with your former employer.  HOWEVER, you can't use any trade secrrets or proprietary information you learned in your employment.  For example, if you know how much your current employer is bidding on a proposal and use that knowledge to undercut the bid and get the job, that would probably be considered unfair competition.  Things like customer lists, costing and markup information, etc can be considered trade secrets depending on whether you learned it in the course of your employment, how much time and money was spent by your employer to acquire that knowledge, the extent to which that knowledge is not publicly available, and the extent to which your employer takes care to keep the information secredt.   As for trying to circumvent your obligaqtions through the subterfuge of using somebody else's name, you can't do indirectly what you are prohibited from doing directly, and if you're caught you will look worse.... Read Answer

If you decide to press charges, the state of Louisiana would pay the court costs to bring the perpetrator to justice. You may be entitled to a victims compensation award. Most states have victims compensation funds that distribute certain monetary benefits to victims of violent crime, which obviously you are one. So contact your state victims compensation fund in Baton Rouge to discuss whether you can qualify for those benefits.  ... Read Answer

Is it a condition of the custody agreement or decree that your wife have a valid license?  If not, you must drop off your child as agreed/ordered.  You can certainly make clear to your ex that you would consider her driving with the kids while her license is suspended (I assume that is what you mean by "blocked") to be neglect and would take action to modify coustody if you find out that she has done so.... Read Answer

Assuming that the owners own the place individually and not through an entity (for example, if all five were partners in a partnership which owned the property) and that Louisianna law is the same as the states in which I practice, the other owners can evict the non-paying owner from being a tenant, but that doesn't change his status as a partial owner.... Read Answer

Your personal loans secured by collateral can be included in your bankruptcy case. If you file for Chapter 7 relief, you will have the options of reaffirming the debt (continue to pay as if no bankrutpcy was filed) or redeeming the collateral (make a single lump sum payment for the current fair market value of the collateral).  Redemption is really the way for you to go. Use E-Bay valuations for the personal property you put up as collateral and you should be able to buy it back pretty cheaply. ... Read Answer

You can apply and, if necessary, ask for a reconsideration and redetermination, without a lawyer at www.ssa.gov.  Eligibility turns on residual functional ability, ability to do a job (not just your regular job) with an eye to age and education.  It could take several months to be approved -- or denied.  This is true whether you apply or hire someone to apply for you.  The key is to be polite, persistent and prompt.  You only need an attorney if, after applying for reconsideration and redetermination, you must appeal to an administrative law judge.  You can find one on the website of the National Organization of Social Security Claimants Representatives.... Read Answer