Welcome To Our Informational Website

This website is written and maintained by a Louisiana consumer attorney as a free service to people who have recently been sued in a Louisiana court. It provides general legal information regarding Louisiana foreclosure, repossession, and debt collection law.

Disclaimer:

This website is not intended to be a substitute for an actual consultation with a Louisiana lawyer. The general information contained herein is NOT and does not intend to be specific legal advice regarding your particular situation. No attorney-client relationship or attorney-client privilege is created by the use or reliance upon this website. Any such professional relationship requires a signed, written engagement agreement in compliance with the Rules of Professional Conduct of the Louisiana State Bar Association.

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    How to Find Information about a Particular Lawsuit

    State law requires that you be “served” with a certified copy of the lawsuit. Usually that means that someone will actually bring you a copy of the papers that were filed against you. This often occurs within a week of the date that the lawsuit is filed, but not always.

    If you know the name of the court and have the case number, you can call the clerk of court for general information. Please note that the clerk is prohibited from giving you legal advice.

    You might also try to check out the websites of the various clerks of court, or if you have the time, you could travel to the courthouse and look up the actual record. The locations, telephone numbers, and website addresses of the clerks of the major courts in the Metro New Orleans area are as follows:

    • Jefferson Parish
    • 24th Judicial District Court, Derbigny Street, Gretna, LA
    • First Parish Court, David Drive, Metairie
    • Second Parish Ct., Huey P Long Avenue, Gretna
    • Orleans Parish
    • Civil District Court, Loyola Ave., New Orleans
    • First City Court, Loyola Ave., New Orleans
    • Second City Ct., Morgan St., New Orleans
    • Plaquemines Parish
    • 25th Judicial District Court, Pointe-a-la-Hache
    • St. Bernard Parish
    • 34th Judicial District Court, Chalmette
    • St. Tammany Parish
    • 22nd Judicial District Court, Covington
    • City Court of East St. Tammany, Slidell

    Remember!
    If you have been sued, Time is NOT on your side.

    You may have as little as 10 days to file written proceedings with the court.
    A phone call to the court or to the creditor is not sufficient.

    General FAQs

    I have no idea what I'm being sued for. I don´t even know who is suing me
    • How do I get a copy of this lawsuit?
    How to Find Information about a Particular Lawsuit

    State law requires that you be “served” with a certified copy of the lawsuit. Usually that means that someone will actually bring you a copy of the papers that were filed against you. This often occurs within a week of the date that the lawsuit is filed, but not always.

    If you know the name of the court and have the case number, you can call the clerk of court for general information. Please note that the clerk is prohibited from giving you legal advice.

    You might also try to check out the websites of the various clerks of court, or if you have the time, you could travel to the courthouse and look up the actual record.
    The locations, telephone numbers, and website addresses of the clerks of the major courts in the Metro New Orleans area are as follows:

    • Jefferson Parish
    • 24th Judicial District Court, Derbigny Street, Gretna, LA
    • First Parish Court, David Drive, Metairie
    • Second Parish Ct., Huey P Long Avenue, Gretna
    • Orleans Parish
    • Civil District Court, Loyola Ave., New Orleans
    • First City Court, Loyola Ave., New Orleans
    • Second City Ct., Morgan St., New Orleans
    • Plaquemines Parish
    • 25th Judicial District Court, Pointe-a-la-Hache
    • St. Bernard Parish
    • 34th Judicial District Court, Chalmette
    • St. Tammany Parish
    • 22nd Judicial District Court, Covington
    • City Court of East St. Tammany, Slidell
    I know why I am being sued and I know who the creditor is.

    *I’m being sued on a loan or open account by a bank, finance company, credit card company, or debt collector.

    *I am behind in my home mortgage and the bank or mortgage servicer is foreclosing.

    *I am behind in my auto/truck/motorcycle loan payment and the lender is threatening to repossess.

    *Deficiency Balance

    *Student Loan

    I just need basic information about foreclosure, repossession, and collection lawsuits, so that I can try to figure out what to do next.

    *What exactly is a lawsuit?

    *Can they put me in jail?

    *Can they garnish my wages?

    *Can they seize my bank account, or put a lien on my home?

    *Will this lawsuit affect my credit?

    How do I get FREE general legal information?

    FAQs – Frequently Asked Questions About Lawsuits

    *[Foreclosure/Repo/Debt Collection] – The Basics

    *Frequently Asked Questions – FAQs
    [Foreclosure/Repo/Debt Collection] –

    *What You Should Know
    About Representing Yourself In

    *Settlement Negotiations

    *About Debt Settlement Companies

    *About [Foreclosure/Repo/Collection Defense] Lawyers

    *About Chapter 7 Bankruptcy

    *About Chapter 13 Debt Reorganization

    *Where to Go for Additional Information and Help

    I want to settle this lawsuit.

    *I owe everything they are suing me for including attorneys fees and interest and court costs.

    *I owe something to these people but anything close to what they are suing me for.

    *I can afford to pay in full immediately.

    *I will need a payment plan.

    Do I need to hire a lawyer or can I handle this myself?

    *I would like free general information about representing myself in court without an attorney.

    *I would like a free quote on attorney fees, court costs, and payment plans so that I can consider whether to hire a lawyer to represent me.

    *I would like a free no-obligation telephone consultation with a Louisiana consumer lawyer with experience in foreclosure, repossession, and collection defense.

    *I realize how serious a lawsuit is and I want to hire an attorney to represent me and do whatever is legally possible to save my home, including a Chapter 7 bankruptcy if necessary or a Chapter 13 foreclosure reversal.

    Would I save money by hiring a debt settlement company?

    Debt Resolution/Settlement Strategy

    Try to avoid a court judgment against you if at all possible (and it is almost always possible regardless of what the collection attorney tells you). There are two kinds of judgments that a creditor can get against you without you going to court: a “default judgment” and a “consent judgment.” Both of these judgments subject you to wage garnishment, seizure of your bank account, and a lien on your home or other real estate you might own.

    Try not to settle unless they give you a discount. If they’re not going to give you a break, why should you give them a break? Make them go to court and try their case. Have your day in court. Filing a Chapter 13 could get you up to five years to pay and might be able to resolve all your other debts at the same time.

    At all costs, especially a consent judgment.

    File a notice of appearance. This will prevent a default judgment from being rendered against you and will give you additional rights that you will not have if you’d simply sit back and do nothing.

    Request an extension of time to respond to review your options and to respond to the lawsuit. Almost
    all courts will grant you an additional 15 to 30 days.

    Subpoena all of the creditor’s records.

    Before You Call the Debt Collector

    Resist the urge to call the attorney for the people who are suing you (the Creditor Lawyer) until you have found out what the case is all about. Remember that your phone call will probably be recorded, and they will now have your telephone number in their database.

    Remember that the Creditor Lawyer is not your friend. He is your adversary. He represents the people who are suing you. He is getting paid by them. It is his job to get as much money from you as he legally can. He may sound sympathetic, but his duty is to his client, not to you.

    Remember that you are up against an educated and experienced opponent. The Creditor Lawyer has likely been to debt collection classes and probably knows all of the tricks of the trade. He has been trained to ignore sad stories. He most likely does not really care if you’ve been out of work, or if you are going through a separation or divorce, or even if you or your spouse or children have cancer or disability. He is not going to give you a break out of the goodness of his heart. He may even try to manipulate you psychologically and try to make you feel guilty and ashamed for not being able to pay your bill on time.

    Remember that the Creditor Attorney may not be able to prove his case in court. The creditor may be missing essential documents or might not have a good chain of title.

    Remember also that many collection attorneys try to avoid going to trial because of the time it takes them out of their offices when they could be working on getting money from people who rollover and don’t fight back.

    I appreciate receiving this letter and getting a heads-up so that I can try to do something about it. Who are you and why did you send me this letter?

    We are a federally designated debt relief agency, and we help people file for Chapter 7 and Chapter 13 bankruptcy relief under the Bankruptcy Code when we believe it is in their best interest.

    Where to Go for Additional Information and Help- Get a Free Telephone Consultation with a Consumer Lawyer?

    Call us TODAY!

    William Cherbonnier

    (504) 309-3304

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    FAQs about Lawsuits

    What exactly is a lawsuit?

    A lawsuit in Louisiana refers to a legal dispute between parties that is resolved through the judicial system. It typically begins when one party, known as the plaintiff, files a formal complaint with the court, alleging that the other party, known as the defendant, has committed a legal wrong or has a legal obligation that has not been fulfilled. The defendant is then served with legal documents, such as a summons and complaint, informing them of the lawsuit and their right to respond. The lawsuit progresses through various stages, including pre-trial procedures, discovery (where both parties exchange information and evidence), and potentially a trial if the parties cannot reach a settlement. The court ultimately issues a judgment, which may require the defendant to pay damages, fulfill a legal obligation, or take other specified actions. Lawsuits in Louisiana encompass a wide range of legal matters, including civil disputes, criminal cases, family law matters, and more, and they are resolved according to the state’s laws and legal procedures.

    Can they put me in jail?

    In Louisiana, jail time is generally not a direct consequence of actions related to foreclosure, repossession, student loans, debt collection, or deficiency balances. These issues are primarily civil matters and do not typically result in criminal charges leading to imprisonment. However, there are some important nuances to consider. For example, failure to comply with court orders or respond to legal proceedings related to these matters can potentially lead to contempt of court charges, which may result in fines or other penalties rather than jail time. Additionally, certain actions such as fraud or intentional misrepresentation in debt collection practices could lead to criminal charges, but these are typically rare and require specific circumstances. It’s important to seek legal advice and understand your rights and obligations under Louisiana law if you’re dealing with foreclosure, repossession, student loans, debt collection, or deficiency balances to ensure you’re aware of any potential legal consequences.

    Can they garnish my wages?

    Under Louisiana law, creditors may garnish your wages in certain situations related to foreclosure, repossession, student loans, debt collection, or deficiency balances. However, the specific circumstances and legal procedures vary depending on the type of debt and the applicable laws. For example, in foreclosure or repossession cases, a lender may obtain a court order to garnish wages if you owe a deficiency balance after the sale of your property. Similarly, student loan lenders and debt collectors can seek wage garnishment through legal means if you default on your payments and fail to reach a repayment agreement. Louisiana law sets limits on the amount that can be garnished from your wages, typically up to 25% of your disposable earnings after certain exemptions are considered. It’s essential to understand your rights and options under Louisiana’s wage garnishment laws and seek legal advice if you’re facing wage garnishment due to foreclosure, repossession, student loans, debt collection, or deficiency balances.

    Can they seize my bank account, or put a lien on my home?

    Under Louisiana law, creditors may have the ability to seize your bank account or place a lien on your home in certain situations related to foreclosure, repossession, student loans, debt collection, or deficiency balances. For instance, if you default on a mortgage or car loan resulting in foreclosure or repossession, the lender may seek to place a lien on your home or vehicle to secure the debt owed. Similarly, creditors pursuing unpaid student loans or debt collection may obtain a court judgment allowing them to place a lien on your property or seize assets such as bank accounts to satisfy the debt. However, specific legal procedures must be followed, and there are limitations and exemptions under Louisiana law regarding the amount that can be seized or the types of property that can be liened. It’s crucial to be aware of your rights and seek legal advice if you’re facing potential asset seizure or liens due to foreclosure, repossession, student loans, debt collection, or deficiency balances.

    Will this lawsuit affect my credit?

    Yes, a lawsuit related to foreclosure, repossession, student loans, debt collection, or deficiency balance in Louisiana can potentially have an impact on your credit. When a creditor initiates legal action against you, such as filing a lawsuit for non-payment or default, it can result in negative information being reported to credit bureaus. This negative information, such as judgments, liens, or collection accounts, can lower your credit score and remain on your credit report for several years, impacting your ability to obtain credit, loans, or favorable interest rates in the future. Additionally, if the lawsuit results in a judgment against you, it may further affect your credit as creditors may use this information to assess your creditworthiness. It’s important to address legal matters promptly, seek legal advice, and explore options to mitigate the impact on your credit if you’re facing a lawsuit related to foreclosure, repossession, student loans, debt collection, or deficiency balances.

    How do I get free general legal information?

    Call us TODAY for a Free Phone Consultation!

    William Cherbonnier

    (504) 309-3304

    How to settle this lawsuit?

    To settle a lawsuit related to foreclosure, repossession, student loans, debt collection, or deficiency balance in Louisiana, several steps can be taken. First, it’s crucial to review the details of the lawsuit and understand the allegations or claims against you. Seeking legal advice or representation can help you navigate the legal process, negotiate with creditors or lenders, and explore potential settlement options. In many cases, creditors or lenders may be open to negotiating a settlement agreement that allows for the resolution of the debt under revised terms, such as a reduced payment amount, extended repayment period, or a lump-sum settlement. It’s important to communicate openly and transparently with the opposing party, gather relevant documentation or evidence to support your position, and work towards a mutually acceptable resolution. Once a settlement agreement is reached, it should be documented in writing and reviewed carefully before finalizing to ensure all terms are understood and agreed upon.

    What are your payment plans?

    Louisiana law provides various payment plan options for individuals dealing with legal issues such as foreclosure, repossession, student loans, debt collection, or deficiency balances. These payment plans are typically negotiated between the debtor and the creditor or lender, often with the assistance of legal representation. For foreclosure or repossession cases, payment plans may involve restructuring the debt or establishing a repayment schedule to prevent the loss of property. In student loan or debt collection matters, payment plans can be arranged to make manageable monthly payments based on the debtor’s financial capabilities. Additionally, Louisiana law allows for certain exemptions and protections in debt collection cases, such as limits on wage garnishment and the ability to negotiate repayment terms. It’s important for individuals facing these legal challenges to explore their payment plan options, seek legal advice if needed, and work towards a solution that fits their financial circumstances while addressing their obligations.

    Do I need to hire a lawyer or can I handle this myself?

    I would like free general information about representing myself in court without an attorney.

    I would like a free quote on attorney fees, court costs, and payment plans so that I can consider whether to hire a lawyer to represent me.

    I would like a free no-obligation telephone consultation with a Louisiana consumer lawyer with experience in foreclosure, repossession, and collection defense.

    I realize how serious a lawsuit is and I want to hire an attorney to represent me and do whatever is legally possible to save my home, including a Chapter 7 bankruptcy if necessary or a Chapter 13 foreclosure reversal.

    Would I save money by hiring a debt settlement company?

    I appreciate receiving this letter and getting a heads-up so that I can try to do something about it.  Who are you and why did you send me this letter?

    We are a federally designated debt relief agency, and we help people file for Chapter 7 and Chapter 13 bankruptcy relief under the Bankruptcy Code when we believe it is in their best interest.

    Debt Resolution/Settlement Strategy

    Try to avoid a court judgment against you if at all possible (and it is almost always possible regardless of what the collection attorney tells you). There are two kinds of judgments that a creditor can get against you without you going to court: a “default judgment” and a “consent judgment.” Both of these judgments subject you to wage garnishment, seizure of your bank account, and a lien on your home or other real estate you might own.

    Try not to settle unless they give you a discount. If they’re not going to give you a break, why should you give them a break? Make them go to court and try their case. Have your day in court. Filing a Chapter 13 could get you up to five years to pay and might be able to resolve all your other debts at the same time.

    At all costs, especially a consent judgment

    File a notice of appearance. This will prevent a default judgment from being rendered against you and will give you additional rights that you will not have if you’d simply sit back and do nothing.

    Request an extension of time to respond to review your options and to respond to the lawsuit. Almost all courts will grant you an additional 15 to 30 days.

    Subpoena all of the creditor’s records.

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    About Attorney
    William Cherbonnier

    Skilled Southeastern Louisiana attorney also helps individuals with business formation, estate planning, Louisiana successions & probate, and tax resolution

    Since 1973, Bill Cherbonnier has successfully defended individuals and small businesses in debt collection lawsuits and foreclosure actions and provided knowledgeable guidance in bankruptcy proceedings. Our hardworking attorney is dedicated to protecting the interests of clients in New Orleans and throughout Southeastern Louisiana who are experiencing serious financial difficulties for various reasons. Our law firm also offers business law, estate planning, succession, special needs planning, and tax resolution services.

    Get a Free Telephone Consultation with a
    Consumer Lawyer

    We can help you with any legal issues such as...

    Foreclosure

    Repo

    Debt Collection

    Deficiency Balance

    Student Loan

    Disclaimer!

    This website is not intended to be a substitute for an actual consultation with a Louisiana lawyer. The general information contained herein is NOT and does not intend to be specific legal advice regarding your particular situation. No attorney-client relationship or attorney-client privilege is created by the use or reliance upon this website. Any such professional relationship requires a signed, written engagement agreement in compliance with the Rules of Professional Conduct of the Louisiana State Bar Association.

    No nonsense. No BS.

    If you’ve got a few minutes to look around on this website, you will hopefully have a general idea of what’s ahead and why it’s important for you to do something about it NOW.

    I would like free specific legal information and a free quote on attorney fees, court costs, and payment plans so that I can consider whether to hire a lawyer to represent me.

    I realize how serious a lawsuit is and I want to hire an attorney to represent me and do whatever is legally possible to save my home, including a Chapter 7 bankruptcy if necessary or a Chapter 13 foreclosure reversal.

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