Al Joseph Robert Jr.'s Answers

I want to file for a non-contested divorce from an online divorce service. How much does it cost to file the papers in court ?

You can call the Clerk of Court (504-592-9100) for confirmation, but their web site indicates the filing fee is currently $249: http://orleanscdc.com/clerk1.shtm. If the documents don't provide for a a waiver of service, you will also have to pay the Civil Sheriff $20.00 for service of the petition (both offices are on the fourth floor of the courthouse). The same fees would apply for a petition for partition of community property. Don't presume that you can't find an attorney to help you...

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I have court ordered visitation with my daughter but her mother still wont let me see her

Motions for Contempt are typically filed when someone fails to comply with a court order. Contempt proceedings in Louisiana civil cases are regulated by Articles 221-227 of the Louisiana Code of Civil Procedure and Louisiana Revised Statute 13:4611 (http://www.legis.state.la.us/lss/lss.asp?doc=77810). State laws can be accessed at the Legislature's web site (see the bottom half of this page http://www.legis.state.la.us/) The motion should reference the judgment that provides for visitation,...

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What should I do about harassing phone calls regarding our business?

Read up on the Fair Debt Collection Act and the Fair Credit Reporting Act. If you have the information of the company who is calling, consider sending a letter disputing the debt. This site provides an example of such a letter: http://www.fair-debt-collection.com/Disputing_Collections/initial-dispute-letter.html If this is an attempt to collect a fraudulent debt, you should also consider filing a complaint with the Louisiana Attorney General: http://www.ag.state.la.us/Complaint.aspx

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Fraudulent stop payment on check after work was completed

Unless there is a justifiable dispute as to the amount own, Louisiana law provides for penalties of twice the amount of the original check, plus attorneys fees and costs, if the person fails to pay the amount within 30 days of written demand. The statute (http://www.legis.state.la.us/lss/lss.asp?doc=107209) outlines the instructions on providing the written demand. The procedure must be fully complied or penalties will not be recoverable. Depending on the circumstances, the individual...

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Can I have my car serviced by independent shop & and still keep my warrenty, such as oil changes and keep reciept for proof?

Generally, the Magnuson-Moss Warranty Act (http://en.wikipedia.org/wiki/Magnuson-Moss_Warranty_Act) prevents a dealer/manufacturer from requiring a consumer to buy an item or service from a particular company to be eligible for warranty service. There are exceptions, however, if the manufacturer can demonstrate to the Federal Trade Commission that the product will not work properly without the specified item or service. In situations likes this, you might ask the dealer to show you the...

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LLC with 3 partners in Louisiana can we force a buy out?

Assuming that you have formed a proper LLC, there are two possible answers. First, if there is an operating agreement that was properly adopted by the members, it will probably address buy-out scenarios. Second, if there is no operating agreement (or if the operating agreement doesn't address the issue), the matter is handled by the default rules that govern LLCs in the State of Louisiana. There are two statutes that are relevant to your question. <a href="http://www.legis.state.la.us/...

Isn't someone responsible, no insurance in LA?

Under Louisiana law, the child's parents are liable for her actions unless she has been emancipated. There are various ways that your damages might be covered, including your own uninsured motorists coverage, all of which can be explained to you by an attorney.

Severance Pay

Assuming that your former employer already signed the agreement, write a letter (and send it via certified mail, return-receipt-requested) demanding payment in compliance with the contract. If they don't respond, you can file your own suit in parish court (provided that the promised severance was less than $20,000).

Job related

Laws regarding paychecks strongly favor employees. See this basic overview: http://www.laworks.net/faqs/FAQ_LouisianaLaborLaws.asp#answer_4 The employer must be put on demand (via a letter, preferably sent via certified mail, return-receipt requested) and if they fail to comply, you would then have grounds to file suit.

If a judged dimissed a 102 divorce on the grounds of abandonment can it be reinstated?

If you are concerned solely with getting a divorce, you can file for a 103 divorce if you have lived separate and apart for the last six months (or one year, if you have children under 18). A 103 divorce can be granted within a matter of a few weeks. If there are concerns about community property, however, it may be advantageous to have the community property regime terminated as of the date of the original filing of the 102 divorce. In order to determine whether a 102 divorce could be...