Louisiana Motion and Order to Release Defendant's Personal Belongings
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Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area.
Generally, the petition is filed in a civil district court in the parish in which the interdict is domiciled (permanent home). If the defendant does not have a permanent home, the petition is filed where he resides or where he is physically present if he is not a resident of the state.
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
One option you have, aside from filing an answer and raising a valid defense to the request to replevin, is to file for bankruptcy. A bankruptcy action will stop a pending replevin request, and will also help you to get the rest of your finances in order.
A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
Generally speaking, a MOTION, is a request made to the Court to take some specified action or to compell a party to take some specified action, whereas an ORDER is the decree or decision of the Court.
A. A curator is the person appointed by the court to care for the interdicted person or his affairs, make decisions for the interdicted person, or to act in the place of the interdicted person.
