Louisiana Legal Questions & Answers
72 plain-English answers to common Louisiana law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Louisiana?
Louisiana property owners review the assessment during the public inspection period (typically August 15 – September 15) under La. R.S. 47:1992. File an appeal with the parish…
- How does the lemon law process work in Louisiana?
Louisiana's New Motor Vehicle Warranty Act ('Lemon Law'), La. Rev. Stat. §§ 51:1941 to 51:1948, presumes a lemon after 4 repair attempts on the same defect or 90+ cumulative days…
- How much of my wages can be garnished in Louisiana?
Louisiana is stricter than federal. Under La. R.S. § 13:3881(A)(1), garnishment is limited to 25% of disposable earnings — but the protected floor is 30 times the federal minimum…
- How do I file a Louisiana Private Works Act lien?
Subs/sellers serve Notice of Nonpayment to owner and GC within 75 days of last work of month (sellers of movables to subs). File Statement of Claim and Privilege in mortgage…
- What is the personal injury statute of limitations in Louisiana?
Louisiana extended its personal injury prescriptive period from 1 to 2 years effective July 1, 2024 (La. Civ. Code art. 3493.1, La. R.S. 9:5629). Medical malpractice is 1 year…
- How does small claims court work in Louisiana?
Louisiana small claims handles disputes up to $5,000 in city courts and $5,000 in parish courts under La. R.S. 13:5200. Filing fees range $100-$200. Attorneys are permitted. There…
- How do I set aside a default judgment in Louisiana?
Move for new trial under La. C.C.P. art. 1974 within seven days of judgment (peremptory grounds), or annul under La. C.C.P. art. 2004 within one year of discovery of fraud or ill…
- Who is liable if a dog bites me in Louisiana?
Louisiana imposes strict liability under La. Civ. Code art. 2321 when the owner could have prevented the injury and the victim did not provoke the dog. Comparative fault applies…
- What can I do if I'm a victim of identity theft in Louisiana?
Louisiana grades identity theft by value under La. R.S. 14:67.16, from up to 6 months imprisonment (under $1,000) up to 10 years (over $25,000). Credit freezes are free under…
- How does comparative fault work in Louisiana?
Louisiana is a pure comparative fault state under La. Civ. Code art. 2323 — a plaintiff's fault reduces but never bars recovery, even at 99% fault. Joint and several liability was…
- How do I file a public records request in Louisiana?
Louisiana Public Records Law (La. R.S. §§ 44:1-44:41) requires agencies to produce records immediately if available; if not, within 3 business days for a determination. Copy fees…
- What is the statute of limitations for contract claims in Louisiana?
Louisiana gives 10 years to sue on most personal contract actions under La. Civ. Code art. 3499 (the general 'liberative prescription' for personal actions). Sale-of-goods claims…
- What money in my bank account is protected from creditors in Louisiana?
Louisiana protects 75% of disposable earnings under La. R.S. § 13:3881(A)(1) — including wages deposited in a bank account if traceable. No general cash wild card. Federal…
- How do I appeal a denied Social Security disability claim in Louisiana?
Louisiana's Disability Determinations Services (DDS), within Louisiana Rehabilitation Services under the Workforce Commission, handles initial SSDI/SSI reviews from Baton Rouge…
Employment (10)
- What is the minimum wage in Louisiana?
Louisiana has NO state minimum wage statute — the federal $7.25/hour applies under FLSA. Louisiana preempts local minimum wage ordinances (La. R.S. 23:642). Tipped cash wage is…
- How do I file a workers compensation claim in Louisiana?
Louisiana workers' comp is governed by La. R.S. § 23:1021 et seq. and administered by the Office of Workers' Compensation Administration (OWCA) within the Louisiana Workforce…
- How do I file for unemployment benefits in Louisiana?
File online at louisianaworks.net through HiRE. Louisiana pays $10-$275/week (cap unchanged for years and one of the lowest in the country) for only 12-26 weeks (2024 law tied…
- What is wrongful termination in Louisiana?
Louisiana is a strict at-will state under La. Civ. Code art. 2747. Louisiana courts do NOT recognize a general public policy exception (Quebedeaux v. Dow Chemical, 2001). The…
- How do I file a workers' compensation claim in Louisiana?
Notify your employer within 30 days (La. R.S. 23:1301) and file a Disputed Claim for Compensation (Form 1008) with the Office of Workers' Compensation Administration within 1 year…
- Can I sue for wrongful termination in Louisiana?
Louisiana is at-will under La. Civ. Code art. 2747 and rejects a general public-policy tort. Remedies come from the LEDL (La. R.S. 23:301), workers' comp retaliation (§ 23:1361)…
- What are my rights against workplace harassment in Louisiana?
The Louisiana Employment Discrimination Law (La. R.S. 23:301) covers employers with 20+ employees and is enforced by the Louisiana Commission on Human Rights. Federal 'severe or…
- Can my employer drug test me in Louisiana?
Louisiana's Drug Testing Law (La. R.S. § 49:1001 et seq.) provides procedural requirements—certified labs, confirmation testing, MRO review—for employers conducting tests. Medical…
- Are non-compete agreements enforceable in Louisiana?
Louisiana enforces non-competes only if they meet the strict requirements of La. R.S. 23:921: the covenant must specify the geographic parishes/municipalities, last no more than 2…
- How do I appeal an unemployment insurance denial in Louisiana?
The Louisiana Workforce Commission (LWC) administers UI under La. R.S. Title 23, Ch. 11. Appeals must be filed within 15 calendar days of the determination. Maximum weekly benefit…
Family (9)
- How do I file for divorce in Louisiana?
Louisiana requires domicile in-state when filing. As a civil-law state with three marriage types, divorce can proceed under Article 102 (180-day separation) or Article 103…
- How is child custody decided in Louisiana?
Louisiana decides custody on the best interest of the child under La. Civ. Code arts. 131-136. The Civil Code creates a preference for joint custody (Art. 132) absent showing of…
- How does alimony work in Louisiana?
Louisiana alimony, called 'spousal support,' is unique because it is governed by the Civil Code (not statutes) reflecting Louisiana's civil-law heritage. Two types: interim…
- How is child support calculated in Louisiana?
Louisiana uses an Income Shares model under La. R.S. § 9:315 et seq. Both parents' adjusted gross incomes combined and matched to the Schedule of Basic Child Support Obligations…
- How do I get a marriage license in Louisiana?
Apply in person at any Louisiana Clerk of Court (or in Orleans Parish, the Louisiana Health Department). Fee is approximately $27.50-$50. Louisiana imposes a 72-hour waiting…
- How do I establish paternity in Louisiana?
Louisiana follows its unique civilian Filiation regime in La. Civ. Code arts. 184-211. Parents may execute an authentic act of acknowledgment under La. Civ. Code art. 196 or sign…
- How does the adoption process work in Louisiana?
Louisiana adoptions are governed by the Children's Code, Title XI-XII (La. Ch.C. art. 1167 et seq.). A voluntary surrender (act of surrender) under art. 1130 cannot be signed…
- Are prenuptial agreements enforceable in Louisiana?
Louisiana, a civil-law state, uses 'matrimonial agreements' under La. Civ. Code arts. 2325-2335. They must be by authentic act (or by act under private signature duly…
- How do I get a restraining order in Louisiana?
Louisiana's Domestic Abuse Assistance Act (La. R.S. 46:2131-2143) provides Protective Orders for family/household members. Protection from Stalking covered under R.S…
Criminal (9)
- What are DWI penalties in Louisiana?
Louisiana R.S. 14:98 sets the BAC limit at .08 (.04 commercial, .02 under 21). A first DWI is a misdemeanor with 10 days to 6 months jail (typically suspended with probation)…
- How do I get a concealed carry permit in Louisiana?
Louisiana became a permitless carry state on July 4, 2024 under HB 131 (codified at La. R.S. 14:95.1.1). Adults 18+ not prohibited from carrying may carry concealed without a…
- What are the search warrant requirements in Louisiana?
Louisiana search warrants are governed by La. Code Crim. Proc. art. 161 et seq. A sworn affidavit of probable cause must be presented to a judge. Art. 224 codifies…
- Can I legally record a phone call or conversation in Louisiana?
Louisiana is a one-party consent state under La. Rev. Stat. § 15:1303 (Electronic Surveillance Act). A party to the conversation, or someone with consent of one party, may record…
- How does bail work in Louisiana?
Louisiana governs bail under La. Code Crim. Proc. arts. 311-349. Bail is a right except capital cases. Initial appearance within 72 hours of arrest. Commercial surety, cash, ROR…
- How does plea bargaining work in Louisiana?
Louisiana plea procedure follows La. Code Crim. P. art. 552 and 556. Guilty, nolo contendere (with court approval), and Alford pleas (State v. Crosby for the Crosby plea) are…
- How do I sue police for misconduct in Louisiana?
42 U.S.C. § 1983 is the federal vehicle. Louisiana has not abolished QI and has no parallel civil-rights act, but La. Civ. Code art. 2315 provides a robust common-law tort remedy…
- When can a private citizen make a citizen's arrest in Louisiana?
Under La. Code Crim. Proc. art. 214, a private person may make an arrest when the person arrested has committed a felony, whether in or out of his presence. Use of force is…
- What pretrial diversion or drug court programs exist in Louisiana?
Louisiana offers DA pretrial diversion under La. C.Cr.P. art. 698, deferred sentence under art. 893 (felony) and art. 894 (misdemeanor), Drug Division Probation Program under La…
Housing (8)
- What are tenant rights in Louisiana?
Louisiana operates under civil law (Louisiana Civil Code), not common law. There is no security deposit cap, deposit return required within 1 month, 5-day notice to vacate for…
- What is the eviction process in Louisiana?
Louisiana requires a 5-day notice to vacate under La. Code Civ. Proc. art. 4701 (waivable in writing). Landlord files a Rule for Possession in justice of the peace, parish, or…
- What must a home seller disclose in Louisiana?
Louisiana R.S. § 9:3198 requires sellers of residential property (1-4 units) to deliver a Property Disclosure Document covering land, structural, mechanical, environmental, and…
- How do I dispute a security deposit return in Louisiana?
Louisiana landlords must return the deposit within 1 month of lease termination, after the tenant provides a forwarding address, with an itemized statement under La. R.S. 9:3251…
- How do I dispute an HOA assessment or fine in Louisiana?
Louisiana governs condominiums under the Louisiana Condominium Act (La. Rev. Stat. §§ 9:1121.101 to 9:1124.115) and HOAs under the Louisiana Homeowners Association Act (§§…
- What is the eviction process in Louisiana?
Louisiana uses a Rule for Possession under La. Code Civ. Proc. arts. 4701-4735 and La. R.S. 9:3251 et seq. A 5-day notice to vacate is required (waivable by lease). Filed in…
- What can I do if my landlord won't fix uninhabitable conditions in Louisiana?
Louisiana Civil Code arts. 2682-2696 require landlords to deliver and maintain premises fit for use. Tenants may sue for damages, lease dissolution, or limited self-help…
- How do I resolve a servitude or boundary dispute in Louisiana?
Louisiana uses civil law: 30-year acquisitive prescription without title (La. Civ. Code art. 3486) or 10-year acquisitive prescription with good faith and just title (art. 3473)…
Estate (8)
- How do I make a valid will in Louisiana?
Louisiana follows the civil law tradition. The testator must be 16+ for testamentary capacity (La. Civ. Code art. 1476-1477). Two will forms are recognized: the notarial testament…
- How do I create a power of attorney in Louisiana?
Louisiana did NOT adopt the UPOAA. Louisiana uses a civil-law mandate (procuration) rather than a common-law POA, governed by La. Civ. Code arts. 2985-3034. The mandate must be in…
- How does probate (succession) work in Louisiana?
Louisiana 'succession' typically takes 3-12 months under La. Civ. Code arts. 871-1466 and La. C.C.P. arts. 2811-3393. Louisiana is a civil-law state and has not adopted the UPC…
- Can I disinherit my spouse or child in Louisiana?
Louisiana is unique: it is a community-property state AND retains forced heirship for children under 24 or permanently disabled under La. Civ. Code arts. 1493-1495. A surviving…
- How do I petition for guardianship or conservatorship in Louisiana?
Louisiana, a civil-law jurisdiction, uses 'interdiction' (full or limited) for incapacitated adults under La. C.C. arts. 389-399 and 'tutorship' for minors under La. C.C. arts…
- How do I create an advance healthcare directive in Louisiana?
Louisiana recognizes Declaration Concerning Life-Sustaining Procedures / Living Will (La. R.S. 40:1151), Health Care Power of Attorney via mandate (La. C.C. art. 2989), and…
- How do I file a quitclaim deed in Louisiana?
Louisiana doesn't recognize "quitclaim" in the common-law sense — it uses civil-code "Cash Sale," "Act of Donation," or "Act of Cession of Right" under La. Civ. Code arts. 1839…
- What is the homestead exemption in Louisiana and how do I claim it?
Louisiana's creditor homestead is $35,000 (R.S. 20:1), rising to UNLIMITED if the debt is medical (R.S. 20:1(A)(2)). Constitutional property-tax Homestead Exemption (La. Const…
Traffic (6)
- How do I fight a parking ticket in Louisiana?
Louisiana parking tickets are governed by La. R.S. § 32:143 and city/parish ordinances. New Orleans uses the Department of Public Works Parking Division with a 21-day window…
- How long do I have to register a vehicle in Louisiana?
Louisiana gives new residents 30 days to title and register under La. R.S. 32:707. Purchased vehicles must be titled within 40 days to avoid penalty. Documents include title…
- How do I get my driver's license reinstated in Louisiana?
Louisiana charges $50–$300 reinstatement fees (La. R.S. 32:414). After DWI, SR-22 is required for 3 years and Ignition Interlock is mandatory for any 2nd+ DWI or BAC ≥ 0.15. The…
- How do I fight a speeding ticket in Louisiana?
Louisiana drivers can pay, plead in city/parish court, or contest at trial under La. R.S. 32:61. Most speeding is a misdemeanor with up to 30 days jail (rarely imposed). OMV does…
- What are the open container laws in Louisiana?
Louisiana R.S. § 32:300 (enacted 2004, amended through 2024) makes it unlawful for an OPERATOR to possess an open container of alcohol in the passenger area of a motor vehicle on…
- What happens if I get a DWI in Louisiana?
La. Rev. Stat. § 14:98 sets per se DWI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DWI: 10 days to 6 months jail (suspended sentence with 32 hours community service…
Civil Procedure (4)
- What is the small claims limit in Louisiana?
Louisiana City Courts and Parish Courts have small claims divisions hearing cases up to $5,000 under La. R.S. 13:5200. Filing fees vary $30-$150 by city. Lawyers may appear. There…
- What is the statute of limitations (prescription) in Louisiana?
Louisiana — a civil law state — uses 'prescription' rather than statute of limitations. Personal injury 1 year (La. C.C. art. 3492 — but extended to 2 years for delicts effective…
- Can I get out of jury duty in Louisiana?
Louisiana requires US citizens, 18+, parish residents under La. C.Cr.P. art. 401. Hardship excusals are available. Pay is set by parish but state minimum is $25/day under La. R.S…
- How do I legally change my name in Louisiana?
File a Petition for Change of Name in the district court of your parish of residence (La. R.S. § 13:4751), pay approximately $300–$500 in filing fees, give notice to the district…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.