Legal Question in Credit and Debt Law in Louisiana

RESIDE IN lOUISIANA. I WAS SERVRED A NOTICE ON A CLAIM AGAINST ME FROM A CREDITOR SEEKING RSTITUTION OF A BALANCE OWED. I HAVE MISSED MY TIME PERIOD TO APPEAR AT THE COURTHOUSE AND FILE A REBUTTLE TO THE CLAIM. CAN I BE JAILED FOR NOT ACTING ON THIS? WHAT WILL HAPPEN TO ME? IT ISN'T THAT I ADVERTANTLY MISSED THE DEADLINE. I HAD TO GO OUT OF TOWN ON PERSONAL MATTERS.


Asked on 5/14/10, 10:06 am

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

If you did not answer the lawsuit, you were likely defaulted, meaning the plaintiff likely took a default judgment against you. The first thing you should do (immediately) is to call the court and see if the plaintiff did default you. If not, you can still answer and should do so immediately.

If the defendant did default you, you may even be able to ask for a re-trial, if you are within the delays for asking for a new trial (usually between 3-7 days, depending on the court). know, however, that it is unlikely that you can get a new trial based just on the fact that you went out of town.

Most likely, if a default has been taken, you are stuck with the Judgment and must pay it. In that instance, you should contact the attorney for the plaintiff (if the plaintiff is represented by an attorney) and work out a payment plan to pay off the Judgment. Most collection attorneys are professional and courteous and are willing to work with you if you show that you are truling willing to work with them and pay the Judgment. If the plaintiff is not represented by an attorney, you may have to contact the plaintiff directly to work out some payment plan.

You can't be jailed for owing the money, but if you fail to appear at a Judgment Debtor Rule, you can be jailed for Contempt of Court. And, if you don't work out some payment arrangements, the plaintiff will likely begin to seize your property, bank accounts, wages, etc., to pay off the Judgment.

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Answered on 5/19/10, 10:44 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

There are no more debtor's prisons in Louisiana.

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Answered on 5/19/10, 4:00 pm


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