Petition For Concursus Without A Motion

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

Description

The Petition for concursus without a motion is a legal document used in Louisiana to resolve disputes concerning funds held by a petitioner, typically concerning fees owed to an attorney. The form allows the petitioner to deposit disputed funds into the court's registry while seeking a declaratory judgment about the right to those funds. It ensures that all parties involved in the dispute can assert their claims contradictorily, thereby avoiding potential unjust enrichment. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may encounter situations where fees are contested or disputed. To complete the form, the petitioner must provide details such as parties involved, retainer amounts, and the basis for the claim. It is essential to follow specific filling instructions, including attaching relevant exhibits and adhering to court regulations. This document streamlines the process of resolving financial conflicts in a legal setting, ensuring clarity and compliance with judicial requirements while protecting the rights of all parties involved.
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How to fill out Louisiana Petition For Concursus And Order?

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FAQ

(1) An individual who is domiciled in the state shall be brought in the parish of his domicile; or if he resides but is not domiciled in the state, in the parish of his residence.

Definition. 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.

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.

A defendant may amend his answer once without leave of court at any time within ten days after it has been served. Otherwise, the petition and answer may be amended only by leave of court or by written consent of the adverse party.

41. The domicile of an unemancipated minor is that of the parent or parents with whom the minor usually resides. If the minor has been placed by court order under the legal authority of a parent or other person, the domicile of that person is the domicile of the minor, unless the court directs otherwise.

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Petition For Concursus Without A Motion