Petition For Concursus Without A Lawyer

State:
Louisiana
Control #:
LA-5140
Format:
Word; 
Rich Text
Instant download

Description

A Concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding. In this example, an attorney presents his reasons for claiming to be entitled to legal fees from a client for whom said attorney provided legal services. See La. C.C.P. Article 4651. Attached is an order requiring the opposing parties to appear and assert their respective claims.
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How to fill out Louisiana Petition For Concursus And Order?

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FAQ

A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment. Acts 1996, 1st Ex. Sess., No. 60, §1, eff.

If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.

The petition in a concursus proceeding shall comply with Article 891, shall allege the nature of the competing or conflicting claims, and shall include a prayer that all of the persons having such claims be required to assert their respective claims contradictorily against all other parties to the proceeding.

This physical order document is called a final judgment; every case will only have one final judgment. Final judgments cannot be amended easily by either the trial court or the parties.

Petition/Answer ? When a person or company believes they have been damaged by fault, breach, or neglect, Louisiana law provides that the person allegedly wronged, the plaintiff, may file a Petition for Damages.

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Petition For Concursus Without A Lawyer