Legal Question in Wills and Trusts in Louisiana

on a civil lawsuit what happens if 15 day time period expired without response but was filed 18 days.


Asked on 6/23/10, 9:03 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Dear LawGuru Friend,

First of all, I assume you are referring to Louisiana and to a suit

filed in a Louisiana State District Court. Assuming no defensive

pleading is filed by the defendant within fifteen days from the date

of service of process on him or her, then the plaintiff has the right

to move for a "prelimininary default judgment"; and assuming that

still no allowable defensive pleading--such as an Answer--is filed by

the defendant withing two full judicial days following the date of the

entery of the "preliminary default" judgment, then the plaintiff can

go into court and prove up his or her case and "confirm the default"

and obtain a written judgment. All of this is covered in the Louisiana

Code of Civil Procedure, which you can access by clicking on the

Louisiana Legislature web-site and going to Louisiana Laws, and

clicking on same and then clicking on LA Code of Civil Procedure

and searching for and reading about "default judgments", time for

answering suits, etc.

Sincerely,

Hardy Parkerson, J.D.

Retired Lawyer after 41 years

Lake Charles, LA 70605

[email protected]

P.S.: Feel free to e-mail me for more

information and/or for a personal call

to discuss this matter further. HMP

Read more
Answered on 6/24/10, 12:15 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Nothing happens unless the Plaintiff moves for a default Judgment. And by the way, Hardy Parkerson has been DISBARRED and is practicing law without a license.

Read more
Answered on 6/24/10, 3:48 pm


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